Terms of use

Applicable for The Cultivist Inc. in the USA and Cultivist Ltd. for the Rest of the World.

The Cultivist, inc. Terms Of Use

The Cultivist, Inc. (“The Cultivist,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including www.thecultivist.com (the “Website”) and through our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

We provide our Services to Visitors and Administrators (all as defined below) subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.

By signing up, accessing, and/or using the Platform, each Member (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying Member Agreement.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

DESCRIPTION AND USE OF SERVICES

We provide Administrators, Visitors, and Members with access to the Services as described below.

Administrators. Administrators are employees and/or agents of Museums who register to use the Platform and who access and use the Platform on the terms and conditions of this Agreement. Upon registration, Administrators can: (i) create, access, manage, and update their accounts; (ii) publish and manage their Museum Content; and (iii) encourage new patrons to their Museum.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us; and (iii) and sign up for alerts and other notifications.

Members. Membership in The Cultivist is by application only. For Members who have been granted membership status, registration and login is required to access and use the Platform. There are two types of Members – Cultivist Members and Enthusiast Members.

Cultivist Members can do all the things that Visitors can do, and: (i) enjoy access to our participating Museum partners throughout the world; (ii) attend exclusive The Cultivist events; (iii) participate in online educational classes and events (iv) access and use the Platform, including access to exclusive content available only to Members; (v) access and update their own personal account on the Platform; (vi) post comments and other content on the Platform (collectively, “Member Content”); (vii) sign up for our various programs; and (viii) become part of The Cultivist community.

Enthusiast Members can do all the things that Visitors can do, and: (i) enjoy access to to our participating Museum partners throughout the world; (ii) participate in online educational classes and events; (iii) access and use the Platform, including access to exclusive content available only to Members; (iv) access and update their own personal account on the Platform; (v) post comments and other content on the Platform (collectively, “Member Content”); (vi) sign up for our various programs; and (vii) become part of The Cultivist community.

For the full list of the benefits that we provide for each type of membership, please see our Membership Benefits pages.

The Cultivist is under no obligation to accept any individual as a Member or Administrator, and may accept or reject any registration in its sole and complete discretion. In addition, The Cultivist may deactivate any account at any time, including, without limitation, if it determines that a Member or Administrator has violated these Terms of Use.

Membership benefits may change from time to time at the sole discretion of The Cultivist and will be published on the public pages of thecultivist.com.

Museum admission is strictly for personal use and anyone in violation will have their membership immediately revoked. Each membership is intended for personal use only, limited to ‘reasonable’ use, and cannot be used for professional reasons.

COMMUNITY GUIDELINES

The Cultivist’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;

• You will not upload, post, e-mail, transmit, or otherwise make available any content that:

o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
o is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

• You will not “stalk,” threaten, or otherwise harass another person or Museum;

• Administrators will not spam or use the Platform to engage in any commercial activities, other than advertising and promoting their Museum;

• If an Administrator posts any Museum Content, they will stay on topic;

• You will not access or use the Platform to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

• You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice, and to remove any content that does not adhere to these Community Guidelines.

RESTRICTIONS

The Platform is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Administrators, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Administrator. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. The Cultivist will not be liable for any loss or damage caused by any unauthorized use of your account.

DOWNLOADING THE APP AND THE APP STORE.

The Website is also a progressive web application which can be saved to and accessed from the home screen of many mobile devices.

All Terms of Use applicable to the Website shall be applied to the App as well.

The following terms apply when Administrators download the App from Apple’s App Store. These terms are in addition to all other terms contained in this Agreement.

• You acknowledge and agree that (i) this Agreement is concluded between you and The Cultivist only, and not Apple; and (ii) The Cultivist, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Cultivist and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Cultivist.

• You acknowledge that, as between The Cultivist and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between The Cultivist and Apple, The Cultivist, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.

• Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App.

INTELLECTUAL PROPERTY

The Platform contains material, such as photographs, videos, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Cultivist (collectively referred to as the “Content”). The Content may be owned by us, Museums, or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content (other than your own Museum Content if you are an Administrator), and you will not use the Content except as permitted under this Agreement and the functionality of the Platform. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original 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 this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of The Cultivist (“The Cultivist Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of The Cultivist. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Cultivist Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Cultivist Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

MUSEUM CONTENT; LICENSES

As noted above, the Platform provides Administrators the ability to post and upload Museum Content. You expressly acknowledge and agree that once you submit your Museum Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Museum Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE CULTIVIST, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MUSEUM CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR MUSEUM CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Museum Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Museum Content and all intellectual property and moral rights therein via the Platform throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Museum Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Museum Content permitted by the previous sentence and/or to advertise and promote the Services, the Platform, and/or The Cultivist. Without limiting the foregoing, you acknowledge and agree that uses of your Museum Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Museum Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit. The licenses granted in this Section shall commence upon your registration to the Platform and shall terminate when your Museum no longer has a business relationship with The Cultivist.

If you submit Museum Content to us, each such submission constitutes a representation and warranty to The Cultivist that such Museum Content is your original creation (or that you otherwise have the right to provide the Museum Content), that you have the rights necessary to grant the license to the Museum Content under the prior paragraph and that it and its use by The Cultivist and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

For the avoidance of doubt, any content uploaded or submitted to the Platform by Members will be subject to the license set forth in the Member Agreement.

COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

NO WARRANTIES; LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, THE PLATFORM, AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL WE 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, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF THE PLATFORM, THE SERVICES, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXTERNAL SITES

The Platform may contain 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. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION

(a) If you are an Administrator, you hereby represent, warrant, and covenant that:

• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Museum Content and any other works that you incorporate into your Museum Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

• Use of your Museum Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

• You shall not submit to the Services any Museum Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content, the Platform, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We 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 that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

COMPLIANCE WITH APPLICABLE LAWS

The Platform and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Cultivist respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

The Cultivist, Inc.
Marlies Verhoeven
55 Fifth Avenue, Suite 1305
New York, NY 10003

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, Borough of Manhattan; and (ii) that the Platform and Services shall be deemed passive that do not give rise to personal jurisdiction over The Cultivist, either specific or general, in jurisdictions other than New York. YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THE SERVICES, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Museum Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us 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 us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes 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. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

The Cultivist, ltd. TERMS OF USE

Cultivist Limited (“The Cultivist,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including www.thecultivist.com (the “Website”) and through our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

We provide our Services to Visitors and Administrators (all as defined below) subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy (which can be accessed through the link at the top of this page), which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.

By signing up, accessing, and/or using the Platform, each Member (as defined below) is agreeing to these Terms of Use. Please see our Privacy Notice to see what personal data we process and how we process it, how it is legal and your rights. Click here for our Privacy Notice

DEFINITIONS AND INTERPRETATION

To make these Terms of Use easy to read we have defined some of the words in the Agreement. If a word begins with a capital letter then this means that the word has been defined.

Terms with capital letters not defined in these Terms of Use shall have the meaning given in our Privacy Notice.

DESCRIPTION AND USE OF SERVICES

We provide Administrators, Visitors, and Members with access to the Services as described below.

Administrators. Administrators are employees and/or agents of Museums who register to use the Platform and who access and use the Platform on the terms and conditions of these Terms of Use. Upon registration, Administrators can: (i) create, access, manage, and update their accounts; (ii) publish and manage their Museum Content; and (iii) encourage new patrons to their Museum.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us and (iii) and sign up for alerts and other notifications.

Enthusiast Members can do all the things that Visitors can do, and: (i) enjoy access to over one hundred (100) Museums throughout the world; (ii) participate in online educational classes and events; (iii) access and use the Platform, including access to exclusive content available only to Members; (iv) access and update their own personal account on the Platform; (v) post comments and other content on the Platform (collectively, “Member Content”); (vi) sign up for our various programs; and (vii) become part of The Cultivist community.

For the full list of the benefits that we provide for each type of membership, please see our Membership Benefits pages.

As noted above, Members’ access to and usage of the Platform is governed by the Member Agreement.