TERMS & CONDITIONS

 

This website ("Site") is owned and operated by CultureWise Ireland Ltd. Registration nr. 459800,  ("CultureWise").

            By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you.

           CultureWise reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (“Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

Membership and limitation of use

All interested individuals are eligible to subscribe for Culturewise e-Library & e-Bookstore membership and its benefits. Each individual must maintain only one account. Companies and/or other entities need to make a special agreement to enrol.

Applicants must enrol by completing a registration form and electing between 2 types of membership: free or paid.

Free Membership

All individuals opting for Free Membership commit to Free Membership Agreement and its terms of use. The condition to acquire Free Membership consists of making a contribution of 5 items/resources to the existing Culturewise e-Library & e-Bookstore collection.

Free Member’s contributions

The 5 items/resources submitted as personal contribution must be

·  new in relation to existing collection listed in the catalogue,

·  relevant to the area of culture and cross-, inter- and trans- cultural issue

   to include interdisciplinary fields.

· added during the first 30 days of use, with the first one compulsory at

  registration phase.

You may not use the services on the Site to publish or distribute any items/ resources (including software or other content) which are illegal, which violate or infringe upon the rights of any other person, which are abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which are otherwise actionable at law. CultureWise may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

Failure to complete the submission of 5 items/ resources will result in termination of the Free Membership Agreement deleting of all personal data and blocking the access to the site.

In case of expressed intention to continue  membership by purchasing 1 year  renewal membership, the penalty of 29.99 euro will apply.

Paid Membership

All Individuals opting for paid membership will make the final payment on registration to receive access to the site. Membership prices and benefits are subject to change. Membership is individually based and is non-refundable. Members are automatically enrolled in CultureWise email communications regarding exclusive offers, newsfeeds  and special features.


Term, Continuous Membership and Billing

 

The initial term of a Membership shall commence on the date it is acquired / purchased and continue until one year from the last day of the calendar month in which the Membership was acquired / purchased.

 

Each Membership will automatically ask for renewal (therein referred to as a "Renewal Membership") each year for additional one-year periods commencing on the day after the anniversary of the last day of the calendar month in which the Membership was acquired/ purchased.  Membership that was purchased for 2 or 3 years periods (referred to as "Continuous Membership") and will be due to renewal upon expiry of the term.


Renewal Membership fees will be billed automatically to the debit or credit card from your Pay Pall account for the amount of the current Membership fee on or around the first day of the month in which your current Membership or Renewal Membership term expires.

 

Membership Fee

 

The annual Membership fee is currently 19.99 euro. Membership fees are subject to taxation in accordance with applicable law. The annual Membership fee does not include applicable taxes and online payments costs. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is cancelled during the first thirty (30) days of the Membership term (including any renewal term).

 

Renewal

 

The Membership Agreement shall automatically renew upon each anniversary date, unless terminated in accordance with "Unsubscribe" below.

Termination & Unsubscribing

The Membership Agreement may be terminated:

 .    By either party giving to the other a notice in writing before any anniversary of the date hereof.

·     By Culturewise e-Library & e-Bookstore on written notice to the Member if the Member has committed any material breach of the Membership Agreement and in the case of a breach capable of being remedied, has failed to remedy the breach, within 30 days after the receipt of a written request. Culturewise e-Library & e-Bookstore will notify the Member of such breach.

·     By Culturewise e-Library & e-Bookstore on written notice to the Member if the Member fails to pay any sum(s) under the Membership Agreement and such sum(s) remain unpaid for thirty (30) days after written notice from CultureWise that such sum(s) have not been paid.

·      For the avoidance of doubt, termination of the Membership Agreement for any reason shall not entitle the Member to any refund of the annual sum due under the Membership Agreement.


Representation & Warranty


ALL MATERIALS AND INFORMATION (“MATERIALS”) PROVIDED BY THE  CULTUREWISE E-LIBRARY & E-BOOKSTORE ARE PROVIDED “AS IS”, AND THE CULTUREWISE E-LIBRARY & E-BOOKSTORE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE CULTUREWISE E-LIBRARY & E-BOOKSTORE BE LIABLE FOR ANY LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSSES OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, CONTRACTS, PRODUCTION OR USE.

 

Copyrights and Limitations on Use


          All content in this Site, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of CultureWise and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.

         You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.

         You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from CultureWise.

          The Site may contain robot exclusion headers, and you agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to access, search, index, monitor or copy any Content, including but not limited to harvesting other's postal or email addresses from the Site for purposes of sending unsolicited or unauthorised commercial material, is prohibited. Any questions about whether a particular use is authorised and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to CultureWise administration.

           You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. CultureWise may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

           You may not, without the approval of CultureWise use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.


Trademarks

All trademarks appearing on this Site are the property of their respective owners.


Links to Other Sites

        The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. CultureWise is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of CultureWise. Because CultureWise is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.


Disclaimer of Warranties and Liability

            Neither CultureWise, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.


THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH CULTUREWISE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.


To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site.


NEITHER CULTUREWISE NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL CULTUREWISE, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. CULTUREWISE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CultureWise neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.


Systems Reliability

         CultureWise aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. CultureWise shall not be liable for lost information or non-availability of the services.


Indemnification

         You hereby agree to indemnify, defend and hold CultureWise, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.


Governing Law and Venue

          These terms and conditions shall be governed by and construed in accordance with the laws of Republic of Ireland, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in Republic of Ireland.


Last revised: 5 November 2009