Terms of Agreement

End User Terms of Use

Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth below (“Privacy Policy”), apply to your use of the portions of this website on which links to either or both of the Terms of Use or the Privacy Policy appear (the “Site” www.cultureight.com). Other portions of this site may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the Site.

The Site, operated by CULTUREIGHT T COMMUNITY, INC., includes but is not limited to any and all pages within the CULTUREIGHT Community.

By accessing and using the Site, or by clicking “Register” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use referenced below. If you do not accept these Terms of Use, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

Introduction

This Site is provided as an interactive and informational resource. It is by CulturEight Community (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, KickApps Corporation, and their content providers, business partners, and other parties (collectively, “Service Provider”).

Use of the Site

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content. We further reserve the right to pursue the matter via legal channels should we deem fit.

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.

The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.

By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.

Use of The Community

By accessing our online travel forum “The Community” - http://community.cultureight.com, you agree to be legally bound by these terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “The Community”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “The Watering Hole” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

Our forums are powered by phpBB, which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “The Watering Hole” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “The Watering Hole” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “The Watering Hole” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

Posting Guidelines at The Community

The Watering Hole is designed for travelers to meet, greet and help each other before, during and after their travels. These additional “Terms of Use” outline the responsibilities of community members.

(i). Forum and Private Messaging Rules

* Choose the appropriate category for your post.

* Be respectful of others. This applies to everyone, regardless of forum rank. Flaming, trolling or any other form of abuse will not be tolerated.

* Please refrain from becoming a ‘back seat moderator’. If you see a problem contravening a forum rule please bring it to the attention of a Moderator.

* Respect the bandwidth of other users and sites. The use of inline () image tags pointing to data stored on third party systems for which the user has not received permission to link to may be removed.

* Administrators and moderators reserve the right to edit or remove any post at any time.

* Posts containing, or linking to, any of the following will be removed and the account holder warned (or banned):

- profanity, pornographic or generally offensive text, images, links, etc.

- content which contains a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of G.A.P Adventures.

- any copywritten material for which they do not have permission to share.

- threats to other members or anyone in general.

- providing advice or posting messages which can be construed to be illegal or promote breaking laws.

- Unsolicited commercial website promotions, and other “spam” messages.

- Messages containing unauthorized, personal information about other forum users and/or G.A.P Adventures staff.

(ii). Post-Trip Feedback

* Post-Trip evaluations can be submitted to our Operations department here. If you have general comments or suggestions please use The Suggestion Box forum.

(iii). Posting print or web articles

* As stated above no member will post, upload, or otherwise make available any material protected by copyright, trademark, or other proprietary right. Users will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Newspapers, magazines and other online news articles are permitted under the following circumstances:

- Quotes are a maximum of 3 paragraphs in length.

- The author is credited and a link to the source article is provided.

(iv). Signatures

* Signatures were enabled May 15/07. Do not include images or links to commercial websites in your signature.

(v). Avatars

* Users are permitted to link to a picture for use as an avatar but they are subject to the same rules in regards to decency as applied to forum posts. Avatars must be 100 pixels square (or less), 20KB in size (or less) and have consistently high availability (i.e. links to slow or unreliable servers may be removed).

We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “The Watering Hole” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

User Content

The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider’s posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We and our Service Provider may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Charisse Aquino-Tugade, c/o CulturEight Community Inc., 295 Cuenca St. Ayala Alabang Muntilupa City Metro Manila Philippines / Philippine Mobile: + 63922 832-3618 + (63917) 861-3011 / Email: charisse@cultureight.com.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on this site.

Indemnity

You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some countries, states or provinces do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH AREAS, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

These Terms of Use are governed by the internal substantive laws of the province of Ontario, Canada, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial and federal courts. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.