Cultures Capsules, LLC
www.realmomofbrooklyn.com [and soon www.culturescapsules.com] (each: the “Website”). This Website is controlled and operated by Cultures Capsule, LLC (“Cultures Capsules” / “us”/ “we” / “our”). Cultures Capsules is a company registered in New York in the United States of America,
- Acceptance of Agreement
1.2 When using the Website, you must also comply with the following terms, which also apply to your use of the Platform:
- Access to the website
- a) use the Platform in order to view the Content (as defined below) and to request tickets to attend a music concert or other live event (“Event”) taking place at a venue determined by Cultures Capsules (“Venue”);
2.3 Access to the Platform is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the Services we provide on the Platform without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period.
2.4 From time to time, we may restrict access to all or any part of the Platform, generally or to specified users or to users who have registered with us.
2.5 When you visit this Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
2.6 You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Website is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.
2.7 If you breach clause 2.6, you will be committing a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Platform.
2.8 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.
- Description of the website
- Changes to the Platform
We may update the Platform from time to time, and may change the Services at any time. Please note that any of the Content on Platform may be out of date at any given time, and we are under no obligation to update it.
We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.
We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.
- Your account and Tickets
6.1 You are not obliged to register to use the Platform. However, parts of the Website and certain Services are only available to registered users.
6.4 You must notify us immediately of any breach of security or unauthorized use of your account that you become aware of.
6.5 You agree that you will be solely responsible (to us and to others) for all activity that occurs under your Basic Account or Premium Account.
6.9 Users who hold either a Basic Account may request ticket(s) to attend Event(s) and/or purchase tickets to attend Events by using the Services. Your ticket may be in the form of paper, mobile/bar code, email, wristband or chip technology or such other form that becomes available from time to time (“Ticket”). Ticket(s) will be allocated by Cultures Capsules at its discretion and Cultures Capsules cannot guarantee that users will receive a Ticket(s).
If a user applies for a Ticket and is selected, the user shall be given the option, but not the obligation, to pay a sum of money to Cultures Capsules. Cultures Capsules may also notify a user of this option to pay after the user has attended an Event.
Tickets can be cancelled but are not transferable and cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes or promotions without the prior written permission from Cultures Capsules. If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry or removed from the Event. Only persons holding a valid Ticket will be admitted to Events and you must keep your Ticket with you at all times during the Event.
Please note that the Services may differ in various regions where Events are held and additional services may be offered at Cultures Capsules’ discretion depending on the country in which users are based and users may be able to request Tickets to special events at extra cost.
- Your Content
7.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or your access to the Website;
(b) not to engage in any of the Restricted Activities (as defined below), nor control an account that is linked to any of the Restricted Activities;
(c) not to make alterations to, or modifications of, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs or websites;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;
(e) to include the copyright notice of Cultures Capsules on all entire and partial copies of the Platform in any form; or
(f) not to provide, or otherwise make available, the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
7.2 You agree that when using the Platform you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:
(a) use the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity; or
(b) breach any law, statute, contract, or regulation;
(c) act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
(d) provide false, inaccurate or misleading information;
(e) use an anonymizing proxy;
(f) alter or modify any part of the Website or the Service;
(g) use the Platform for any commercial uses unless you have obtain our prior written permission;
(h) collect any personal data of any user of the Platform (and agree that this shall be deemed to include account names);
(i) attempt to gain unauthorized access to the Platform or any networks, servers or computer systems connected to the Platform.
(together the “Restricted Activities”)
You agree that the Content you submit to the Platform will not contain any third party copyright, or materials that is subject to other third party proprietary rights including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us the license referred to in paragraph 9.5
Notwithstanding clause 7.1 and 7.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which Cultures Capsules suffer or incur directly or indirectly as a result of your use of the Platform otherwise than in accordance with this agreement or any applicable laws.
You warrant to us that all the information you provide to Cultures Capsules is true and accurate to the best of your knowledge.
- Intellectual Property Rights
8.1 We are the owner or the licensee of all intellectual property rights on the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may freely browse the Website but may only access, download, print or use the Content from the Website for your private use provided that (a) you retain and reproduce all copyright and other proprietary notices contained herein on any such content, (b) the Content shall not be modified in any way and you do not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text and (c) your use does not constitute infringement of the rights of Cultures Capsules or any third parties including (without limitation) defamation, or infringement of the right of privacy or right of publicity. Our status (and that of any identified contributors) as the authors of the Content and materials on the Website must always be acknowledged.
8.3 The trade marks, service marks, and logos ( “Trade Marks” ) contained on the Platform are owned by Cultures Capsules, our group companies or third party partners of Cultures Capsules. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Cultures Capsules, the relevant group company or the relevant third party partner of Cultures Capsules.
You must not use any part of the Content on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
- Uploading Content to the Platform
9.1 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
9.2 Any Content you upload to the Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
9.3 By uploading or posting Content to the Platform, you initiate an automated process to direct Cultures Capsules to store the Content on our servers, and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of the Content by Cultures Capsules on the Platform and elsewhere.
9.5 Content is the property of the user who uploaded it, and is or may be subject to copyright, trade mark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set up by the uploading user of the Website or with the express written consent of that user. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content.
9.6 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
9.7 We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user on the Platform.
9.8 We have the right to remove any posting you make on the Platform
9.9 The views expressed by other users on the Platform do not represent our views or values.
9.10 You agree that in the event that you have any right, claim or action against any end user of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
- Linking to our website
10.1 You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without prior written consent. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website. Our Website must not be framed by any other site.
10.2 For the avoidance of any doubt, you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
10.3 We reserve the right to withdraw linking permission without notice.
11.1 ALTHOUGH CULTURES CAPSULES WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE CONTENT OF THE WEBSITE, CULTURES CAPSULES SHALL NOT BE LIABLE IN ANY WAY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. THE CONTENT ON THE WEBSITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE QUALITY OF MATERIAL ON THE WEBSITE, AUTHENTICITY, ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OF THE CONTENT, OR WARRANTIES OR REPRESENTATIONS THAT ACCESS TO THE WEBSITE IS FREE FROM ERRORS OR THE WEBSITE IS FREE FROM COMPUTER VIRUSES. ALL IMPLIED WARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If any of the above exclusions of warranties are unenforceable, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law. Cultures Capsules shall not be liable to you or any third party for any damages (including but not limited to, loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, wasted expenditure, management or office time, loss of privacy, and loss of data) or any other indirect, special, or punitive damages whatsoever or injury resulting from your access to or liability to access the Website or from reliance on any content of the Website.
- Representations, warranties and indemnity
12.1 You hereby represent and warrant to Cultures Capsules that:
(b) the Content does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of privacy, or rights in confidential information;
(c) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in the Content in order to include their name and/or image in the Content and to publish the same on the Platform;
(d) the Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation;
(e) the Content does not and will not create any liability on the part of Cultures Capsules, its subsidiaries, affiliates, successor, and assignees, and their respective employees, agents, directors, officers and/or shareholders;
(f) you act as the properly appointed and fully authorized agent of any organization that you register to your account.
12.3 You hereby agree to indemnify defend and hold harmless Cultures Capsules, its subsidiaries, successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:
(c) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was cause by the act or default of Cultures Capsules.
- Liability for content
13.1 You hereby acknowledge and agree that Cultures Capsules:
(a) stores Content and other information at the direction, request and with the authorisation of its users,
(b) acts merely as a passive conduit and/or host for the uploading storage and distribution of such Content, and
(c) plays no active role and gives no assistance in the presentation or use of the Content.
13.2 You acknowledge and agree that when using the Website, you may be exposed to user submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to clause 16 below).
13.3 You are solely responsible for all of the Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Cultures Capsules excludes all liability with respect to Content and the activities of users.
13.5 Cultures Capsules and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users.
Cultures Capsules, its representative, employees or agents, the organizers of the Event and the Owner of the Venue (collectively the “Organizers”) reserve the right to:
(a) refuse entry to any persons who are in the opinion of the Organisers posting a safety or security risk at or in the vicinity of the Venue during, immediately prior to or immediately following the Event; and
(b) request proof that the person has a valid Ticket for the Event or identification for each or any person, without which entry to the Venue may be refused.
14.2 The right of entry to all parts of the Venue is reserved at all times to the Organizers and any other persons authorized by it.
14.3 The Organizers reserve the right to prohibit within the Venue:
(a) items which are or may be illegal. Anyone found in possession of illegal or contraband goods may also be liable for prosecution;
(b) weapons, ammunition, explosives, horns, whistles, drums, fireworks, large umbrellas or any other item which in our reasonable opinion, may cause danger or disruption to any Event or to other visitors (regardless of whether or not such item is illegal or is carried for specific purposes);
14.4 You are responsible for safeguarding your property when at the Venue and Cultures Capsules will have no liability for property that is lost, stolen or damaged when at the Venue.
14.5 When attending an Event in the Venue you agree:
(a) to pay for any losses or damages to the property and contents caused by the you or a member of your party, unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the owners of the Venue without any loss of no-claims bonuses and subject to any excess payments;
14.6 If you are under the age of 18, you must obtain your parents’ or legal guardians’ prior authorization, permission and consent to attend an Event. Under 16s must be accompanied by an adult.
14.7 You understand that the Event may include loud music, lighting displays, video displays and audience participation and if any of the aforementioned should cause you distress you will notify the Organizers and leave the Venue. You acknowledge and agree that the Organizers are in no way responsible for your well-being.
14.8 CCTV and cameras may be present in and around the Venue. By acquiring a Ticket to an Event and/or attending the Venue, you give your express consent to photograph, videotape, or otherwise digitally record or collect your image, likeness, voice, or other information you provide (“Footage”), all rights in which will be owned by us or the relevant third party. You also agree that any such Footage may be used by us in any and all media for any purpose at any time throughout the world, including (with the exception of CCTV or security Footage) for commercial purposes without compensation or payment to you. [If you wish that any Footage used by Cultures Capsules or the Organizers for any and all media purposes does not contain your image, please speak to the Organizers at the Venue and they will arrange for your image to be removed, blurred or concealed in any Footage used.
14.9 When specified, you may bring food and beverages into the Venue.
14.10 You must leave the Venue quietly in consideration of people living in and around the vicinity. Any failure to do so may result in you being refused entry to, or permission to acquire Tickets to, future Events.
14.11 With regard to matters of health and safety:
(a) in the event of an emergency, please follow instructions and directions from stewards and/;or staff;
(b) no smoking is permitted in any part of the Venue; or
(c) prolonged exposure to loud noise may cause damage to your hearing and flashing lights may be used during a performance.
14.12 If you have any convictions or court orders that prevent you from attending events where there are large groups of people or children present, you agree that you will not attend Events organised through or by Cultures Capsules. Cultures Capsules reserves the right to eject you from any Event or Venue at which you are present in contravention of a court order or conviction.
14.13 Cultures Capsules shall not be liable in the event of a cancellation, postponement or material alteration of an Event. It is your responsibility to check the Website for news of any cancellation, postponement or alteration of the Event. Information on such matters will be made available by Cultures Capsules as soon as reasonably practicable. You are advised that the Website cannot always be updated immediately and that circumstances giving rise to cancellation or alterations can sometimes arise immediately prior to an Event. Cultures Capsules’ liability to you in the event of a cancellation, postponement or material alteration of an Event is to refund to you your payment if you had made such payment to Cultures Capsules and/or allocate a Ticket to you for a future Event.
- Cultures Capsules’ liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.
15.3 Subject to clause 15.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Platform;
(b) any changes that Cultures Capsules may make to the Platform or any part thereof;
(c) any action taken against you by a third party with respect to any alleged infringement of such third party’s rights relating to the Content or your use of the Platform;
(d) any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any Content or any information relating to the Content;
(e) your failure to provide Cultures Capsules with accurate or complete information, or your failure to keep your email address or password suitably confidential;
(f) any loss or damage to any computer hardware or software, any loss of data (including the Content), or any loss or damage from any security breach;
(g) any loss of profits, consequential or special loss; or
(h) use of or reliance on any content displayed on the Platform.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.
15.5 Cultures Capsules has not reviewed the third parties’ sites that may link to or be linked by the Website and does not endorse and is not responsible for the content of any such third parties’ sites. Accordingly, Cultures Capsules makes no representation about and has no responsibility in relation to any material or information you obtain from any such pages or third parties’ sites. Please ensure you check the terms and conditions of those sites before you access them.
- Transfer of rights and obligations
16.1 This agreement is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
16.3 Cultures Capsules may assign, charge, novate or otherwise dispose of this agreement without our prior written consent.
- General terms
17.1 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Third Party Rights
Law and Jurisdiction
17.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United States of America.
17.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United States of America
- Contact us
To contact us, please email email@example.com.
LAST UPDATED: 24 June 2019.