Terms of Use
OnCulture.eu is an online platform that allows all users to access and share information related to art. The services offered by OnCulture.eu include the content accessible through the OnCulture.eu website, including related newsletters and any other features or content offered by OnCulture.eu.
This Terms of Use Agreement contains the legally binding terms for your use of the OnCulture Services. By using the OnCulture Services, you agree to be bound by the terms of this Agreement, whether you are a “Member” (which means that you have registered with OnCulture.eu) or simply an unregistered user. You are only authorized to use the OnCulture Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.
Please read this Agreement carefully and save it. If you do not agree with the terms, you should leave the OnCulture Website and discontinue use of the OnCulture Services immediately. If you wish to become a Member, communicate with other Members and make use of the OnCulture Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes OnCulture.eu’s policy for acceptable use of the OnCulture Services and terms that apply to text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) posted on the OnCulture Website, your rights, obligations and restrictions regarding your use of the OnCulture Services and OnCulture.eu’s Privacy Policy. In order to participate in certain OnCulture Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the OnCulture Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@onculture.eu, Subject: Terms of Use Agreement.
OnCulture.eu may modify this Agreement at any given time and such modification shall be effective upon posting on the OnCulture Website. You agree to be bound to any changes to this Agreement when you use the OnCulture Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose the information that you provide to other Users carefully. OnCulture.eu reserves the right to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the OnCulture Services at any time, for any reason, with or without prior notice, and without liability.
1. Eligibility
Use and Membership of the OnCulture Services is void where prohibited. By using the OnCulture Services, you represent and warrant that:
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older or otherwise have the ability to form a binding contract;
(d) your use of the OnCulture Services does not violate any applicable law or regulation or any obligation you may have to a third party.
2. Term
This Agreement shall remain in full force and effect while you use the OnCulture Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing us at info@onculture.eu. OnCulture.eu may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees
OnCulture is a free service and is accessible to all users. In the future, OnCulture.eu reserves the right to initiate a paid membership with free trial complimentary memberships (accessible via a valid Access Code or a dedicated link included in a duly authorized invitation email). In such event, members who register for a free trial will be exempted from all fees for the duration of the trial. At the end of that period, their complimentary access may be extended at the sole discretion of the company. In selecting the free trial, Members will be under no obligation to pay for membership.
4. Password
When you sign up to become a Member or an Authorized Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify OnCulture.eu immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
The OnCulture Services are for the personal use of Members and Authorized Members only and may not be used in connection with any commercial endeavours. You may print up to one (1) copy of the Content posted on the OnCulture Website only for your personal use and not for further distribution, and in no event for any commercial use whatsoever. Illegal and/or unauthorized use of the OnCulture Services, including collecting usernames and/or email addresses of Users, crawling for Content either manually or automatically by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OnCulture Website or use of its content is prohibited. Posting of commercial advertisements, links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OnCulture.eu Services.
6. Proprietary Rights in Content on OnCulture.eu; Trademarks
a. The OnCulture Services contain OnCulture.eu Content . OnCulture.eu Content is protected by copyright, trademark, patent, trade secret and other laws, and OnCulture.eu owns and retains all rights in the OnCulture.eu Content and the OnCulture Services. In addition, the OnCulture Services may also contain Content of the OnCulture.eu partners, which is protected by copyright, trademark, patent, trade secret and other laws, and the partners own and retain all rights to such Content. Subject to the limitations set forth in Section 5 above, OnCulture.eu hereby grants you a limited, revocable, non-sublicenseable license to display and print the OnCulture.eu Content and the partners’ Content (in both cases, excluding any software code) solely for your personal use in connection with viewing the OnCulture.eu Website and using the OnCulture Services.
b. The OnCulture.eu Services contain Content of Users and other OnCulture.eu licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the OnCulture Services.
c. “OnCulture”, “OnCulture.eu” and other OnCulture trademarks, service marks, logos, product and service names are trademarks of the OnCulture Company (collectively, “Marks”). Without the prior written permission of OnCulture Company, you agree not to display or use the Marks in any manner.
The following is a partial list of the kind of activity that is illegal or prohibited on the OnCulture Website and through your use of the OnCulture Services. OnCulture.eu reserves the right to investigate and take appropriate legal action against anyone who, at OnCulture.eu’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but are not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the OnCulture Services or the networks or services connected to the OnCulture Services;
- attempting to impersonate another User or person;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the OnCulture Services in order to harass, abuse, or harm another person;
- using the OnCulture Services in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the OnCulture Services in a way that constitutes copyright infringement, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the OnCulture Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you belie ve in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. OnCulture.eu’s Copyright Agent for notice of claims of copyright infringement can be reached at: info@onculture.eu.
8. Member Disputes
You are solely responsible for your interactions with other OnCulture.eu Users. OnCulture.eu reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Privacy
Use of the OnCulture Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.
10. Disclaimers
OnCulture.eu is not responsible for any incorrect or inaccurate Content posted on the OnCulture Website or in connection with the OnCulture Services, whether caused by Users of the OnCulture Services or by any of the equipment or programming associated with or utilized in the OnCulture Services. Content posted on the OnCulture Website is subject to change from time to time at OnCulture’s sole discretion. Content created and posted by Members, Authorized Members, OnCulture partners such as news media and other websites or OnCulture on the OnCulture Website may contain links to other websites or Content posted by third parties.
OnCulture.eu is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OnCulture.eu. Inclusion of any linked website on the OnCulture Services does not imply approval or endorsement of the linked website by OnCulture.eu. When you access these third-party sites, you do so at your own risk. OnCulture.eu takes no responsibility for third party advertisements which are posted on this OnCulture Website or through the OnCulture Services, nor does it take any responsibility for the goods or services provided by its advertisers,
whether or not OnCulture.eu facilitated the initial contact between you and the service provider. OnCulture.eu is not responsible for the conduct, whether online or offline, of any User of the OnCulture Services. OnCulture.eu assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User, Member, or Authorized Member communication. OnCulture.eu is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the OnCulture Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the OnCulture Services. Under no circumstances shall OnCulture.eu be responsible for any loss or damage, including personal injury or death, resulting from use of the OnCulture Services, from any Content posted on or through the OnCulture Services, or from the conduct of any Users of the OnCulture Services, whether online or offline. The OnCulture Services are provided “AS-IS” and as available and OnCulture.eu expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OnCulture.eu cannot guarantee and does not promise any specific results from use of the OnCulture Services.
11. Limitation on Liability
In no event shall OnCulture.eu be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if OnCulture.eu has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, OnCulture.eu’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to OnCulture.eu for the OnCulture services during the term of membership.
12. Disputes
If there is any dispute about or involving the OnCulture Services, you agree that the dispute shall be governed by the laws of Greece, without regard to conflict of law provisions and you agree that all claims relating to the OnCulture Services be adjudicated exclusively in the applicable courts located in Greece, provided that the foregoing shall not prevent OnCulture.eu from seeking injunctive or equitable relief in any court of competent jurisdiction.
13. Indemnity
You agree to indemnify and hold OnCulture.eu, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due arising out of or relating to your use of the OnCulture Services, your breach of this Agreement, any breach of your representations and warranties set forth above or if any Content that you post on the OnCulture Website or through the OnCulture Services or your use of the OnCulture Services causes OnCulture.eu to be liable to or subject to a claim by another.
14. Other
This Agreement is accepted upon your use of the OnCulture Website or any of the OnCulture Services and is further affirmed by you becoming a Member as applicable. This Agreement constitutes the entire agreement between you and OnCulture.eu regarding the use of the OnCulture Services. The failure of OnCulture.eu to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. OnCulture is a trademark of the OnCulture Company. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and shall be replaced by an enforceable provision most nearly approximating the intent of the original provision and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@onculture.eu with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.