Terms & Conditions

Written by: Cultures Across America, Inc.
Date: July 24, 2014

POLICIES

You are currently viewing a page of the website CulturesAcrossAmerica.com owned and operated by Cultures Across America, Inc. This site and any services provided by Cultures Across America, Inc. are being provided to you subject to the following POLICIES of TERMS and CONDITIONS and PRIVACY.

COMPANY MAY, FROM TIME TO TIME, WITHIN OUR SOLE AND ABSOLUTE DISCRETION, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE, THIS AGREEMENT OR ANY PORTION OF EITHER. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT WE MODIFY, LIMIT, CHANGE, OR REPLACE THE WEBSITE, THIS AGREEMENT, OR ANY PORTION OF EITHER, YOUR CONTINUED USE OF THE WEBSITE, THEREAFTER CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE LISTED ABOVE.

Terms & Conditions

  1. Definitions

    1. Company, We, Our, or Cultures Across America: Cultures Across America, Inc. who operates the website and is a corporation registered under the laws of the United States of America, with its registered office at 5601 South Padre Island Drive, D-326, Corpus Christi, Texas.
    2. Site or Websites: The CulturesAcrossAmerica.com website and all its sub-themes.
    3. Publisher: Cultures Across America, Inc. is the “Publisher” of CulturesAcrossAmerica.com, an online directory network of themed websites.
    4. Visitor: A Site user who views the site, but does not create a user account.
    5. Prospective User: A Site visitor or one unfamiliar with the Site who has not yet created a user account, but qualify to do so.
    6. Member, Participant, User, Content Provider: A Site user, a natural person or legal entity, who creates a user account and/or posts content.
    7. Advertiser: A Site user, a natural person or legal entity, who creates a user account and submits paid banner ads.
    8. Registration Form: The registration form which the Prospective User has to complete in order to join the Site to post content.
    9. Login: A user name and password, whereby a user obtains access to the Site to post content.
    10. Account: The Site User’s participation with the Site Services.
    11. Profile Page: The individual page highlighting the information about a specific registered user, where their Site actions are displayed.
    12. Fee: Any fees as indicated on the Site are to be paid by the User.
    13. Submission Form: The submission form which registered Site users complete in order to add their listing to the Site, pending review.
    14. You: A Prospective User, Member, or Advertiser.
  2. Responsibilities

    1. Site Users: Members, Participants, and Advertisers are expected to:
      1. Maintain and post appropriate content at all times.
      2. Keep their information current and correct.
      3. Review and update their Listings frequently to keep their information relevant to our visitors.
      4. Observe the Restricted Content guidelines.
      5. Place truthful and honest ads.
    2. Publisher: We will make every effort to create and maintain dependable websites and to work with our customer’s needs and concerns in a timely, professional manner.
  3. Warranties and Representations

    You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older, You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. The foregoing prohibition does not apply to search engine spiders that comply with Company’s robots.txt.file, if applicable. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

    If you use the Website on behalf of a third party, including, but not limited to, a business entity, you warrant that you are the authorized agent of that party and that you have the authority to bind that party to the terms of this Agreement.

    You warrant and represent that any and all information provided by you to the Website is accurate and valid. You agree to use CulturesAcrossAmerica.com for only lawful purposes and to comply, in good faith, with the terms of this Agreement.

    Company does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with you obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use CulturesAcrossAmerica.com regarding online activities, email, and conduct. CulturesAcrossAmerica.com is operated in the United States and makes no representation that its services or Website are appropriate, lawful, or available for use in other locations. CulturesAcrossAmerica.com is not offered where prohibited by law.

    CulturesAcrossAmerica.com is a service provider and makes no representations as to the safety, accuracy, availability, prices, ratings, reviews, or legality of the goods or services displayed on the Website. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold Company harmless for any errors, omissions, or misrepresentations contained within the Website’s content.

    Company does not promote or guarantee anonymity to users of CulturesAcrossAmerica.com and its services given the advances in technology and tracking of IP addresses and other information that may lead to the identification of a user of CulturesAcrossAmerica.com.

    Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting products, services, or programs available in each of the fifty (50) states of the United States.

  4. Submitted Ideas

    We appreciate any submitted ideas as a result of interest in improving our Site. All comments, suggestions, ideas, notes, concepts, and other information disclosed or submitted to us by you through this Website or in response to solicitations in this Website shall be and shall remain our property.

  5. Special Notice to Parents

    CulturesAcrossAmerica.com is a family-friendly network of Websites. We encourage students to use our site(s) for educational research or recreational purposes. We do not solicit children to register or post on the site(s). We follow the guidelines as set forth in COPPA, the Children’s Online Privacy and Protection Act of 1998. We do not knowingly collect, use, or distribute children’s personally identifiable information to any third party. If you have any questions or concerns about your child’s access to this Site or its use, please contact us.

  6. Restricted Content

    The Website contents must be positive and honoring to each theme. Cultures Across America, Inc, reserves the right to restrict or to limit content we reasonably determine offensive or illegal. The following is a partial list of the kind of content that is restricted or prohibited on this network of Sites:

    1. Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical/emotional harm of any kind against any group or individual.
    2. Could be harmful to minors
    3. Harasses or advocates harassment of another person or group.
    4. Promotes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
    5. Involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing, or “spamming”.
    6. Promotes an illegal or unauthorized copy of another person’s copyrighted work, or trademark, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protected devices, or providing pirated music or links to pirated music files.
    7. Displays pornographic or sexually explicit material of any kind.
    8. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
    9. Solicits passwords or personal identifying information for commercial or unlawful purposes from another user.
    10. Posting or transmitting content that violates any term or condition of this Agreement.
  7. Registration/Accounts

    In order to be participate on our Websites, you must be at least 18 years of age and first complete a registration form. When registering on the Website, you agree to provide accurate, true, current, and complete information about you as requested by the registration fields and represent and warrant by use of the Website that you are authorized to do so. We may send notifications, approvals, and other communications relating to the website and your account to the email address you have provided.

    You are responsible to provide a current email to keep your account active. You are solely responsible for maintaining the confidentiality and security of your password. Your personal information will be protected as described in our PRIVACY POLICY. Individual profiles will vary depending on the Members needs. Individual accounts can be edited or cancelled at any time by the user.

  8. Listings

    In order to be listed in our website Directories, you must be a registered user and complete an application form submitting your information for review by our site staff. Some organizations may qualify to be listed in more than one theme directory. Directory submissions are reviewed to assure Site theme consistency and to adhere to site Policies. To avoid any deceptive posts, any registered user should be able to verify that they are authorized to post on behalf of the organization they represent if requested to do so, in addition to the verifications on the submission process.

    When registering on the Website, you agree to provide accurate, true, current, and complete information about your listing as requested by the registration fields. Your personal information will be protected as described in our PRIVACY POLICY. Individual profiles will vary depending on the Members needs. Individual listings can be edited or cancelled at any time by the user.

  9. Advertising

    1. In order to advertise on our Websites, you must be a registered user and submit your advertising request in writing (email) to our Site staff for consideration. We reserve the rights to review, accept, or reject ads based on our site criteria, guidelines, and policies.
    2. Cultures Across America, Inc., “Publisher” provides the following advertising opportunities: Website banner ads.
    3. Advertisers may submit ads to one or more themes that best matches their ad’s purpose and audience. Advertisers are required to set up accounts on each theme where they want to advertise.
    4. Fees for ad campaigns are structured by a flat-rate basis with flexible ad size, duration (dates), and theme selection ad placement, determined by the Advertiser’s choice and needs.
    5. Contract Agreement: By submitting an advertisement, the Advertiser is agreeing to the TERMS & CONDITIONS set forth herein and acknowledge that this agreement constitutes a legally binding contract. Furthermore, the Advertiser agrees that this submission is for advertisement purposes, as described in the submission guidelines, for an agreed-upon fee, specific dates, and placement.
    6. Before an invoice is issued, the Advertiser will, by email, review and confirm their intent to advertise on our site, the terms of the desired ad campaign, and agree to abide by our advertising contract policies.
    7. After an ad campaign is agreed upon by both the Advertiser and Publisher, Advertisers will be billed via emailed invoices through PayPal for each individual ad campaign, to include duration, size, location, and fees.
    8. Once an ad is actively displayed, each ad campaign’s stats are provided on the Advertiser’s account page.
    9. Refunds will be issued when:
      1. An Advertiser desires to cancel and withdraw an ad campaign and submits a written request to us before the ad is scheduled to run.
      2. On a case-by-case basis: If an ad promotes a specific event and that event is unexpectedly cancelled before the event’s beginning date, the Advertiser can request a refund or a trade for future ad credit that would apply to the same event being re-scheduled, providing the user contacts us as soon as the cancellation is confirmed.
    10. Ad refunds or credits will not be issued if the ad begins to run and we are not notified of the event cancellation by the responsible parties prior to initial ad placement. To accommodate any and all refund requests and as a courtesy to us, we ask Advertisers to give notice, if possible, no less than three days before the start date of their ad campaign.  All refunds will be completed within 30 days of the effective date of timely advertisement termination.
  10. Violation of Terms

    You understand and agree that in our sole discretion, and without prior notice, Cultures Across America, Inc. may terminate your access to the website, cancel your membership or exercise any other remedy and remove any unauthorized user content, if we believe that the content you provided has violated or is inconsistent with these TERMS and CONDITIONS, violated the rights of Cultures Across America, Inc., or another user, or the law.

  11. Close Account

    If any Account holder wants to close their account on any Cultures Across America website theme, the user can do so at any time from their Profile page. It is important to note that when the Cancel Account action is taken, all posted information about and from that Account on that specific theme will be removed from our files and public view.

  12. Sale or Termination of Services (we close)

    In the event that a portion or all of Cultures Across America or its assets are acquired or combined with an outside entity, Cultures Across America, Inc. reserves the right to transfer or assign the information that we have collected from users for such a merger, sale, acquisition, or other change of control or ownership. In such case, your information will still be subject to our POLICIES terms at the time of transfer.

  13. Copyright/Trademark/DCMA

    1. The information, artwork, text, pictures, music, and all other content (collectively “Materials”) on CulturesAcrossAmerica.com are protected by copyright and trademark laws. You must include any copyright or trademark notices originally included in the Material in all copies, You may not modify, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the website except as provided in Permitted Use, without the express written permission of Cultures Across America, Inc.
    2. Notice for Claims of Intellectual Property ViolationsOur Site follows the safe harbor provisions of the Digital Millennium Copyright Act (DCMA).
      1. Procedure to Report Infringement/Copyright - If you believe that materials residing on or accessible through the Cultures  Across America website or service infringes on your copyright or other intellectual property right, you must provide written notice containing the following information of the infringement to the Designated Agent for Cultures Across America listed below.
        1. A physical or electronic signature of the owner of the copyright or the person authorized to act on the behalf of the owner of the work that is allegedly infringed;
        2. Identification of the works or materials being infringed and a description of the infringing activity;
        3. Identification of the location where the original or an authorized copy of the copyrighted work exists;
        4. Identification of the URL or other specific location on this Site where the material that you claim to be infringing is located and information reasonably sufficient to permit us to locate the material;
        5. Your name, address, telephone number, and email address;
        6. 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;
        7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
      2. Responding to Complaints - After notification of an alleged infringement is received by the Designated Agent, our Company policy is to:
        1. Disable access or remove the allegedly infringing material;           
        2. Notify the member responsible for the allegedly infringing material that the material has been removed or access has been denied. 
        3. Terminate any account and access to the Site of any repeat offender, in addition to removing the infringing material. This policy applies to all aspects of all services provided by the Cultures Across America website.
      3. Procedure to Supply a Counter-Notice - If you believe that Content has been mistakenly removed or access denied pursuant to a a claim filed under the DMCA, you are required to follow this procedure in writing to the Designated Agent to file a counter-notification.
        1. A physical or electronic signature of the content provider, member, or user;
        2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
        3. A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
        4. A statement that the content provider, member, or user consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s, member’s, or user’s address is located and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
      4. Designated Agent for Notice - Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
        By Mail:
        Copyright Agent
        c/o Traverse Legal, PLC
        810 Cottageview Drive, Unit G-20
        Traverse City, MI 49684 U.S.A.
        By Email:
        dmcaagent [at] traverselegal.com
  14. Permitted Use

    You may access and print information and Materials from the site for personal, informational, educational, and non-commercial purposes only. Any other use of the Materials is expressly prohibited.

    • The “Member” or “Participant” is an individual, business, organization, agency or grassroots group promoting their organization by their presence on the website for informational and contact purposes.
    • The “Advertiser” is an individual, business, organization, agency or grassroots group promoting their organization by their ad on the website or URL linking for advertisement purposes.
  15. Submission Disclaimer

    The services, information, or data made available through the website are provided to the visitor as submitted by the Members, Participants, and Advertisers. Although every effort is made to check each submission, CulturesAcrossAmerica, Inc. is not responsible for false information or incomplete submissions.

  16. Links Disclaimer/No Endorsements

    • CulturesAcrossAmerica.com contains links to other sites. We strive to publish only links to useful and ethical websites. We have no control over the content, information, collection, and distribution policies of other linked sites. The inclusion of any link to another website does not imply endorsement or recommendation by Cultures Across America, Inc., or of this website.
    • You acknowledge and agree that Cultures Across America, Inc. is not responsible or liable for any content, advertising, products, privacy practices, shopping carts, or other materials on or available from such third-party sites.

    If a link is broken, or not working properly, please notify us by phone or email.

  17. Testimonials

    All testimonials posted on our Site are submitted freely by the users. Testimonials are not accepted in exchange for services, or other compensation.

  18. Email Forwards/Sharing

    If you elect to use our sharing or email forwards service for informing a friend about our websites, we ask only for the name and email address. CulturesAcrossAmerica.com will automatically send a one-time email with your message inviting them to visit the website.

  19. Search Results

    When a site visitor visits any Cultures Across America themed website and uses the Search function to find directory listings, the visitor is presented with a list of directory members resulting from the terms and conditions the visitor submitted and from an aggregate of listings submitted by the members.  We do not accept paid listings nor give preferential placement to any listing.

  20. FTC Disclosure Statement

    Cultures Across America, Inc. receives monetary compensation from website advertisers and affiliate fees resulting from purchases made by our users. The compensation that we receive will help us with the costs of maintaining this Site and for the development of new themes and services.

    CulturesAcrossAmerica.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

  21. Privacy Policy

    We have created a separate PRIVACY POLICY , included under the scope of this User Agreement, in order to explain in detail how we collect, use, secure, and store your private information. Please review our PRIVACY POLICY, which governs the use of personal information on the Site and to which you agree and consent to be bound as a user of this Site.

  22. Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FROM DAMAGES, CLAIMS, INJURIES, JUDGEMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INFORMATION FOUND ON THE WEBSITE, OR GOODS OR SERVICES LINKED TO THROUGH THAT WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT COMPANY CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID US FOR THE USE OF THE WEBSITE OR RELATED SERVICES. IF NO AMOUNT IS PAID BY YOU TO COMPANY, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

    Company will not be held liable for any delays or disruption in the Website service. Company will not be held liable for any errors or omissions on the Website, Your use of the Website will constitute a waiver and release of Company by you for any claim for damages, setoff, discount, or other liability on account of delay, errors, or omissions.

  23. Our Warranties

    We provide our Site “as is” and on an “as available” basis. Your use of CulturesAcrossAmerica.com is at your own risk. We and our contributors make no express or implied warranties or guarantees about the Cultures Across America website and its Content.

  24. Indemnification

    You agree to hold harmless, indemnify, and defend us, our officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions, of any kind, including without limitation property damage, infringement, and personal injury, that either directly or indirectly arises out of or is related to you use of the Website, your violation of any term or condition of this Agreement, your violation of an applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend us under the terms of this Agreement will not provide you with the right to control our defense, and we reserve the right to control our defense regardless of your contractual requirement to defend us.

  25. Claim Limitations

    COMPANY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

    YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF( INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

    All rights not expressly granted herein are reserved to Company.

  26. Notice of New Services, Updates, and Changes

    Additions of new services, or changes in existing services to the website after the initial  July, 2014 launch, may require amendments to this POLICIES document, Such amendment notices and their effective dates will be posted in an “Update Alert” in our Blog and on this TERMS and CONDITIONS page.

  27. Venue/Choice of Law

    You agree that any mediation, arbitration, action, or lawsuit arising under this agreement shall be governed by the laws of the State of Texas without regard to conflicts of law. All disputes arising under or in connection with this agreement shall be adjudicated in the District Court of Nueces County, Texas, U.S.A. and must be asserted within one (1) year after such claim or cause of action first arose or shall be forever barred.

  28. How to Contact Us

    Cultures Across America, Inc.
    5601 South Padre Island Drive, D-326
    Corpus Christi, Texas 78412

    Email: info [at] culturesacrossamerica.com