PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE OR CHECKING “I AGREE” TO THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE SELECT “CANCEL”.
This agreement is between the individual or legal entity (whether association, trust, company or another type of group that receives the benefit of this Service) agreeing to this agreement (User) and Culture Funding Watch DevelopmentEx.com, Incorporated, doing business as CFW, a Tunisian enterprise (CFW).
1) ONLINE INTERNATIONAL SERVICE.
2) USE OF SERVICE.
a) Your Information.
User owns its personal profile within the Service and other information submitted to CFW under this agreement.
User may request deletion of their profile and account at any time, and CFW will delete the profile and account (except to the extent User has shared information or content with others and they have not deleted it, or it was copied or stored by others).
License to User Information. User grants a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicense able, royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, add, process, analyze and commercialize, in any way now known or in the future discovered, any information User provides, directly or indirectly to CFW, including, but not limited to, any user-generated content, ideas, concepts, techniques or data, User submits to the Service, without any further consent, notice or compensation.
b). CFW Content and Database.
All content and information provided by CFW as part of the Service, which is branded by CFW or subject to the copyright of CFW (such as CFW reports, videos, news articles, among other things), any third-party content or information provided as part of the Service (collectively CFW Content) and the support Mechanisms data provided as part of the Service (Database), are licensed to User as follows: Subject to the other terms of this agreement, CFW hereby grants User a non-exclusive, non-transferable worldwide license to download, store, print, and copy the CFW Content and Database for User’s individual purposes.
User may not (except as allowed by this agreement): modify, publish, transmit, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the CFW Content in whole or in part.
User must comply with applicable laws (including without limitation privacy laws) in using the Database.
User may not use the Database:
for any purpose other than online professional networking, or access to calls and support programs information purposes, related to the Service, or
to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual (unless they have agreed to be contacted or have demonstrated an interest in such communication
c). Free Subscription – Specific Terms.
If the User has registered for a no-charge use of the Service, User may access the Service until it is cancelled by CFW, with or without cause, or by User. All User information will be deleted after the no-charge period ends, unless it ends because User converts its account to a paid Service.
d). Other User Responsibilities and Restrictions.
User (i) must keep its passwords secure and confidential; (ii) may not share passwords; (iii)is responsible for activities in its account; (iv) must use commercially reasonable efforts to prevent unauthorized access to the Service, and notify CFW promptly of any such unauthorized access; and (v) may use the Service only in accordance with the Service documentation and applicable law.
User may not: (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) attempt to reverse engineer the Service; or (vi) remove or modify any proprietary marking or restrictive legends in the Service, or access the Service to build a competitive product or service, or copy any feature, function or graphic of the Service for competitive purposes.
e). Eligibility to Use the Service.
To be eligible to use the Service, User must meet the following criteria and represent and warrant that it: (i) is 18 years of age or older (in the case of individuals); (ii) is not restricted from the Service, or not otherwise prohibited from having a CFW account; (iii) will only maintain one account; (iv) has full power and authority to enter into this agreement; and (v) is not a direct competitor of CFW or a provider of a directly competitive service.
f). Disclosure of User Information In Limited Situations.
CFW may access, preserve, and disclose User’s registration and any other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) enforce this agreement; (ii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iii) respond to customer service inquiries; or (iv) protect the rights, property, or personal safety of CFW, other users or the public.
g). CFW Communication with Users.
CFW may communicate with User through its account or through other means (including without limitation email, phone, mail or overnight mail) about User’s account. CFW has no liability associated arising from User’s failure to maintain accurate contact or other information with CFW.
h). User Warranty of Submissions.
By providing information to CFW, the User represents and warrants that the User is entitled to submit the information and that the information is accurate and truthful, and not misleading, confidential, or provided in violation of any contractual restriction or other third party right. It is User’s responsibility to keep their profile information accurate and updated.
i). Fair Usage.
If User’s usage of CFW Content and Database provided within the Service for free exceeds a certain reasonable threshold, then CFW reserves the right to immediately disable the account, or suspend the viewing or downloading of such information, or both, until the purpose for which User was using the information is validated by CFW, in its discretion. CFW has no liability to User if it decreases User’s access to certain information under this clause.
3) Payment. User may use the Service for no charge or for a fee, depending on the Service selected when signing up. If User purchases any Service for a fee using a payment card, User agrees to CFW storing its payment card information. User also agrees to pay the applicable fees as they become due plus all related taxes (sales, use, VAT, withholding, and other similar taxes) if applicable, and to reimburse CFW for all collection costs. User understands that at the time of ordering the Service there may be additional terms related to the Service User selects.
a). Card Payments.
User may pay for the Services online, and CFW will charge its payment card for all purchases and for any additional amounts (including any taxes and late fees, as applicable) owed to CFW. If User wants to designate a different payment card or update the expiration date of its payment card, User must change its information online in the account within the Service or contact CFW support in advance of the next payment due date. If a User’s credit card is expired, revoked, disputed, or not valid for any other reason, CFW may suspend, terminate, or both (without liability) User’s use of the Service upon 5 days notice sent under this agreement.
IN SOME SITUATIONS CFW relies upon public information and data obtained from many sources, the accuracy of which cannot be guaranteed. CFW makes no representation or warranty as to the accuracy of information provided AS PART OF THE SERVICE.
The service allows individuals and organizations to connect with each other for networking and business purposes. CFW is not involved in ANY ACTUAL transaction BETWEEN ANY USERS. CFW DOES NOT have control over the quality, safety, or legality OF INFORMATION PROVIDED by the service (including all reports, Databases, tenders, among other things), or the truth or accuracy of the information provided.
User is solely responsible for the content and accuracy of their profile and other information provided by them within the service. CFW is under no legal obligation to, and generally does not, control the information provided by other users that is made available through the service. By its very nature, an INDIVIDUAL’S INFORMATION may BE INACCURATE, deceptively labeled or false.
CFW does not provide any type of PROFESSIONAL advice, whether, accounting, technical, OR legal INFORMATION is provided. This includes information which may be LABELED as advice by CFW.
Because user authentication on the Internet is very difficult, CFW does not confirm that each user is who they claim to be. IF there is a dispute with ONE OR MORE USERS, EACH user HEREBY releases CFW (and its employees) from claims, demands, and damages of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
USER UNDERSTANDS THAT SOME OF THE THIRD-PARTY WEBSITES, DATA SERVICES OR LINKED SITES THAT THE SERVICES USE MAY BE UNAVAILABLE TEMPORARILY OR PERMANENTLY, AND CFW IS NOT RESPONSIBLE FOR ANY SUCH UNAVAILABILITY. HOWEVER USER MAY TERMINATE THIS AGREEMENT AT THE END OF THAT MONTH (FOR ITS CONVENIENCE) UPON ANY SUCH UNAVAILABILITY ON A PERMANENT BASIS.
CFW DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE, WITHOUT DELAY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WHILE CFW TAKES REASONABLE MEASURES TO SECURE THE SERVICE, CFW DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED. CFW DOES NOT GUARANTY THAT THE USER’S RESULTS CAN BE ACHIEVED BY USING THE SERVICE.
5) Proprietary Rights.
The software, CFW Content, workflow processes, user interface, designs, know-how and other technologies provided by CFW as part of the Service are the proprietary property of CFW or its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with CFW. CFW reserves all rights not expressly granted in this agreement.
By submitting ideas, suggestions or feedback to CFW regarding the Service, User agrees that such items submitted do not contain confidential or proprietary information, and User hereby grants CFW an irrevocable, royalty-free and full paid, perpetual license to such items for any business purpose.
6) LIMIT ON LIABILITY AND DISCLAIMER OF DAMAGE.
a). There may be situations in which, as a result of material breach or other liability arising under or related to this agreement, User is entitled to make a claim for damages against CFW. In each situation (regardless of the form of the legal action (e.g. contract or tort claims)), CFW is not responsible BEYOND THE amount of any direct damage up to the amount paid by User to CFW within the previous 12 months, or in the case of free ACCOUNTS TND50.
b). in no circumstance is CFW responsible for any of the FOLLOWING, ARISING out of or related to this agreement (even if it knows of the possibility of such damage or loss):
loss of, or damage to, data or information;
lost profits, REVENUE OPPORTUNITY, OR PRODUCTIVITY; or
other special, consequential, or indirect damages.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
7) TERM, Termination AND Suspension of Service.
User can terminate this agreement any time. Any prepaid fees are refundable according to the cancellation policy terms.
Unless terminated by User, this agreement continues for the duration specified when User ordered the Service, and auto-renews for the duration as specified when ordering according to the CFW renewal policy terms.
CFW’s renewal and cancellation policies are located at: insert link
b). Mutual Termination for Material Breach.
If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 10-day notice/cure period, if the breach has not been cured.
c). Restrictions on CFW Content and Database Upon Termination.
Upon termination of this agreement, all CFW Content and Database remain governed by this agreement.
d). Suspension of Service for Violations of Law or Restriction.
CFW may immediately suspend the Service and remove User information
if it in good faith believes that, as part of using the Service, User may have violated a law or a restriction in this agreement. CFW will try to notify User in advance, but it not required to do so.
8) INDEMNITY BY USER.
User hereby indemnifies and holds harmless CFW against all damages, fines, and costs (including without limitation attorney’s fees and costs) sustained or incurred by CFW arising out of or related to any claim by a third-party alleging that any User-provided information or data violates the intellectual property or other right of any third-party, or causes harm to a third-party; User has misused any CFW Content or a Personal Profile; or otherwise regarding User’s use or access of the Service.
9) Governing LAW AND DISPUTES.
Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
Optional Arbitration for Claims Less than $10,000. Notwithstanding the foregoing, for any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may choose to resolve the dispute in a more cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, they must initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: the arbitration will be conducted by telephone, online and be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction.
b). Users Outside the US. For Users residing outside the United States, this agreement is governed by the laws of the District of Columbia, without regard to conflict of laws principles. Any dispute between User and CFW arising out of or related to this agreement must be determined by binding arbitration in Washington D.C. (in English) under the then current international rules of the American Arbitration Association. Nothing in this agreement prevents either party from seeking injunctive relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
a). Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
b). Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter. No modification or waiver of any term of this agreement is effective unless both parties sign it.
c). No Assignment. User may not assign or transfer this agreement in whole or in part to any third party. CFW may assign or transfer this agreement as part of a merger, or sale of all or substantially all of the assets of a party, or otherwise upon notice.
d). Independent Contractors. The parties are independent contractors with respect to each other.
e). Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.
f). Force Majeure.Neither party is liable for force majeure events.
g). Survival of Terms. Any terms that by their nature survive termination or expiration of this agreement, will survive.
h). CISG Not Apply.The UN Convention on Contracts for the International Sale of Goods does not apply.
i). By registering for any online or in-person event with CFW, the user consents to having a public CFW profile automatically created which may contain mandatory and voluntary information provided.
Acceptable use policy
Acceptable Use Policy
As a condition to access the Service, User must observe the following acceptable use terms.
A. User must:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by CFW concerning the Services; and
- Use the services in a professional manner.
B. USER MAY NOT:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to CFW;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a user profile for anyone other than a natural person/an accurate organization;
- Harass, abuse, or harm another person, including sending unwelcome communications to others using the Service;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account without authorization, or create a false identity on the Service;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Service);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using the Service invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) using The Service to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases, or group aliases;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of CFW or any User of the Service;
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Service (excluding content posted by you) except as permitted in the CFW agreement or as expressly authorized by CFW;
- Utilize or copy information, content or any data you view or obtain from CFW to provide any service that is competitive with CFW;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by CFW without the express written agreement of CFW;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information in the Service, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize any other service or functionality of the Service, without the express written permission of CFW.
- Remove, cover or otherwise obscure any form of advertisement included on the Service;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Service except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Infringe or use CFW’ brand, logos or trademarks, including, without limitation, using the word “CFW” in any business name, email, or URL or including CFW’ trademarks and logos except as provided in the CFW brand guidelines or as expressly permitted by CFW;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access the Service, add or download contacts, send or redirect messages, or perform other activities through CFW, unless explicitly permitted by CFW;
- Access, via automated or manual means or processes, the Service for purposes of monitoring the Service’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service’s website;
- Attempt to or actually access the Service by any means other than through the interfaces provided by the Service such as its mobile application or by navigating to www.Culturefundingwatch.com using a web browser. This prohibition includes accessing or attempting to access the Service using any third-party service, including software-as-a-service platforms that aggregate access to multiple services without the express written consent of CFW;
- Attempt to or actually override any security component included in or underlying the Service;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Service’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or CFW personnel, attempting to gain unauthorized access to the Service, or transmitting or activating computer viruses through or on the Service;
- Interfere with or disrupt or game the Service, including, but not limited to, any servers or networks connected to the Service.
Changes: CFW may update these terms, and will post information regarding any significant changes, or notify User of any significant changes
CFW User Policies
CFW memberships renew manually. Members on an annual contract are reminded of the renewal 45 days before the renewal date. If any changes were to be made to the pricing or level of access linked to a membership, CFW would notify members of these changes at least 60 days before they were to take effect.
You can find all information relating to your payments in the billing section(insert link) of your profile.
Membership cancellation takes place when the user does not renew their membership. Therefore, your access to premium content will remain active until the end of your billing cycle.
We aim to ensure that all members are fully satisfied with the services they purchase from CFW. Members who have prepaid fees can be refunded on a monthly pro-rated basis. This means you will only pay for the period leading to the end of the billing month at the time of your refund request. One-time monthly memberships are not refundable, although we reserve the right to issue refunds or credits at our sole discretion.