Terms of Service
Services Terms and Conditions of Use
Last modified: JUNE 12, 2024
Introduction
Culture Foundry is a web-based language learning platform for remote or in-person learning of languages by students of various educational organizations and by the general public. Culturefoundry.app and related websites (“Sites”) are owned and operated by Achievement Unlocked Inc. (dba Culture Foundry) (“Culture Foundry” or “we” or “us”).
Defined terms have the meanings set out in these Terms and Conditions or in the Privacy Policy, found at https://culturefoundry.app/privacy-policy.
Culture Foundry is a broad language revitalization and learning platform purpose-built to support in-classroom and remote language learning both within schools and within communities. It is intended both for use by Education Organizations for their student users of all age levels (“Organization Users” as defined in the Privacy Policy), and also for use by community members, whether it’s individuals in the wider community or independent student users (“Community Users” as defined in the Privacy Policy).
Use of the Services by Organization Users is governed by the terms and condition of the contract between the Education Organization and Culture Foundry.
Use of the Services by Community Users is governed by these Services Terms and Conditions of Use.
Acceptance of the Services Terms and Conditions of Use
These terms and conditions of use for the Sites and and Culture Foundry applications (“Services”) constitute a legal agreement and are entered into by and between you and Culture Foundry. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the Services.
BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://culturefoundry.app/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
Modifications to the Terms and Conditions and to the Services
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. When we change these Terms and Conditions, we will directly notify all affected users by in-app and/or email notification 30 days or more prior to such changes taking effect. Any and all such modifications are effective at the date advised in the notification and will apply to all access to and continued use of the Services after such date. Your continued use after such date shall be your acceptance of these modifications. We will also reflect the ‘last modified’ date at the top of these Terms and Conditions. All previous versions remain linked to the bottom of these Terms and Conditions on our website for historical reference.
The information and material on the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.
Your Use of the Services and Account Set-Up and Security
The security of your Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Users are required to ensure that all persons who access the Services through a user's internet connection are aware of these Terms and Conditions and comply with them. The Services, including content or areas of the Services, may require user registration. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
We will use commercially reasonable efforts to make the Services available at least 99.5% of the time during usual school hours.
Your provision of registration information and any submissions you make to the Services through any functionality such as notes added to word flashcards and submitting experience with word flashcards constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://culturefoundry.app/privacy-policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Services owner's ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.
Intellectual Property Rights and Ownership
You understand and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Culture Foundry, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Culture Foundry name, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Culture Foundry or its affiliates or licensors. You must not use such marks without the prior written permission of Culture Foundry. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Unless you are an Education Organization, you may only use the Services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from the Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. Unless you are an Education Organization, you must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print off, copy, or download any part of our Services in breach of these Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by Culture Foundry. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use of the Services, you agree that you may use the Services only for lawful purposes and in accordance with these Terms and Conditions.
The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Services or to other users or persons (collectively, "User Submissions"). Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
User Submissions are limited to notes added to word flashcards and submitting experience with word flashcards, which are visible only to us and the submitting user.
Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://culturefoundry.app/privacy-policy.
(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Culture Foundry's sole discretion.
(c) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for Personal Information as prohibited under applicable laws, regulations, or code.
(d) Involve, provide, or contribute any false, inaccurate, or misleading information.
(e) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Conditions of Use and User Submissions and Site Content Standards.
(f) Impersonate or attempt to impersonate Culture Foundry, a Culture Foundry employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
(g) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Culture Foundry or users of the Services or expose them to liability.
(h) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(i) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(j) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Site Monitoring and Enforcement, Suspension, and Termination
Culture Foundry has the right, without provision of notice to:
- Remove or refuse to post on the Services any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.
Privacy
By submitting your Personal Information and using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://culturefoundry.app/privacy-policy, as we deem necessary for use and provision of the Services.
By using the Services you are consenting to the use of cookies which allow a browser to remember a user session. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Services may not function adequately. For more information on our use of cookies, see Section 15 at https://culturefoundry.app/privacy-policy.
Geographic Restrictions
The owner of the Website is based in British Columbia in Canada. We provide the Services for use only by persons located in Canada. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY OTHER SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER CULTURE FOUNDRY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CULTURE FOUNDRY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES , ITS CONTENT, OR ANY OTHER SERVICES FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CULTURE FOUNDRY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, NOR ANY SERVICES CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Culture Foundry, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions, including, but not limited to, your User Submissions, or any use of the Services’ content other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Culture Foundry regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
This website is operated by Achievement Unlocked Inc. (dba Culture Foundry), 2031 Store St., Victoria, BC, V8T 5L9, Canada.
All notices of copyright infringement claims should be sent to Culture Foundry at contactus@culturefoundrystudios.com.
Should you become aware of misuse of the website including libelous or defamatory conduct, please report it to the Culture Foundry at contactus@culturefoundrystudios.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contactus@culturefoundrystudios.com.
