Terms of Use

 
 

Effective Date: 10/29/18

 

Welcome to cautivar.com and thank you for visiting. This website (the “Site”) is owned and operated by CharlieStudio, LLC “Company” or “we”). The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights, or have the right to use (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use”), which form a binding and enforceable agreement between you and us (the “Agreement”). These Terms of Use are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use.

When you interact with us through the Site by sending us an email or other electronic communication, we interpret, and you agree, that such communication satisfies any requirement under the law that such communication is a legal writing. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

We may update this Agreement from time to time without notice. Any changes in our Terms of Use will be incorporated into a revised Agreement that we will post on the Site. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of our Site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN YOU MUST LEAVE THIS SITE IMMEDIATELY.

Age Verification

To visit, participate in any activities and/or place an order on our Site you must be at least 21 years of age.

 

Intellectual Property

Trademarks. CAUTIVAR and the Cautivar logo design are trademarks of the Company in the U.S., whether or not federal registration has been pursued (“The Cautivar Trademarks”). The Cautivar Trademarks and any related trade dress may not be used without permission and may not be used in connection with any product or service that is not a Company-endorsed product or service. All other trademarks not owned by Company that appear on the Site are the property of their respective owners.

Copyrights. Certain content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works (“Content”), is protected by U.S. Copyright Law and you agree that you will not reprint, republish, or distribute any portion of the Content without expressed written permission to do so.

Digital Millennium Copyright Act: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

This Site respects the intellectual property rights of others. If you believe in good faith that materials hosted by the Site infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Designated Agent (as identified below), with the following information:

1.              An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.              Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

3.              Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

4.              Your address, telephone number, and email address;

5.              A statement that the you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and

6.              A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent:

Designated Agent for DMCA Notices: (the “DMCA Agent”).

CharlieStudio, LLC.

Attn: DCMA Agent

2120 University Ave.

Berkeley, CA 94704

Email: support@cautivar.com

 

You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Filing a DMCA Counter-Notification

If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).  A valid counter-notification must be a written communication that includes all of the following elements:

1.              A physical or electronic signature;

2.              Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.              A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

4.              Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

Repeat Infringer Policy

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

 Use of the Site

The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources, including content from users ("User Content"). These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, Content (whether from users or otherwise), or design elements obtained from the Site, including code and software (“Material”).

You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.

More specifically, under these Terms of Use, you agree to refrain from, among other things, use of the Site or the Content in a manner that:

1.     is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;

2.     infringes or misappropriates our, or a third party's, intellectual property, confidentiality, or other rights;

3.     violates export and re-export control laws and regulations;

4.     advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;

5.     distributes advertising or promotional content;

6.     compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;

7.     provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

8.     decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;

9.     accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

10. interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or

11. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission.

You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.

You agree to act responsibly on the Site and to treat other users with respect.

Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written request to support@cautivar.com. Decisions to grant or deny permission are within our sole discretion.

Your Submission of Personal Information to the Site

To participate in activities on our Site, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information and credit card information (“personal information”). We may also gather certain types of non-personally identifiable information about your visit to protect the security of our members or our Site or to make our program content more enjoyable for all our visitors.

All information gathered from visitors by the Site will be governed by our Privacy Policy, which is incorporated in this Terms of Use Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.

Orders and Participation on the Site

Registration with the Site may be required in order to access certain services, including, without limitation, promotions, special offers, product discounts, etc.  Your registration information will be handled by us in accordance with our Privacy Policy which you should review prior to registering with us.

You may be required to select a password and username name for a customer account. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other account information and further agree to indemnify and hold the Site, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your personal contact and email information. As more specifically described in our Privacy Policy, you may change or update the information in your account by using the controls on your profile page. You may delete your profile entirely by contacting us at support@cautivar.com. If your email address is cancelled, becomes inactive or inaccessible for an extended period of time, we may cancel your account and delete all or part of your profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in the Site activities if you violate any provision of this Agreement or of our Privacy Policy

Communications

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, once you create an account, or otherwise register with the Site, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

By registering with the Site, you also agree to receive periodic electronic correspondence from us regarding your account, the Site, our partners and/or any of our Services. You may opt in to receive additional communications from us or our partners.  For the avoidance of any doubt, however, any and all such communications will come directly from us as we will not provide any email addresses to any third party in connection with use of this Site.

As further detailed in our Privacy Policy, you may unsubscribe from our email list at any time by sending an email to support@cautivar.com. Please note, there are some circumstances (e.g., organizational audits) when we may need to contact you even if you unsubscribe. Users also agree to be contacted in this case even if you have unsubscribed.

Third Party Links

Our Site may contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated, or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.

In general, we do not object to links to the Site from third-party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the Cautivar Trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Cautivar, the Company, or the Site in any “metatag.”


 

Advice, Opinions and Third Party Content Disclaimer

Our Site may also contain facts, views, opinions and statements of third parties, visitors and other organizations. The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.

The Site and its content are provided solely for informational purposes and do not constitute endorsements or guarantees by the Site of any featured venue or the products or services available from such venues. The Site accepts no liability in connection with the inclusion or omission of any venue from the Site and will not be responsible for changes in factual information that may appear on the Site.

Legal Compliance

You acknowledge, consent, and agree that we may access, preserve, and disclose your account information and/or any User Content or Material you submit or make available for inclusion on the Site, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect our rights, property, or personal safety, or those of any of our partners, agents and affiliates, our users, and the public; or (5) to address your requests.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICE OR SUPPORT. IN NO EVENT WILL THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITE, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

Violations and Indemnification

Your access to, and use of, the Site are subject to these Terms of Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) any content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms of Use.

Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Choice of Law and Forum

The Site originates from and is located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Site will be subject to the exclusive jurisdiction of the courts located within the state of California, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

Dispute Resolution

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without giving effect to the choice-of-law rules of that State.  Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by California law consistent with the California Arbitration Act.

You agree to attempt in good faith to settle any controversy that may arise between us. In the event we are unable to settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in San Francisco, California in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law. 

YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

You consent to personal and subject matter jurisdiction in the State of California and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.

 

Security Measures

Please review our Privacy Policy or information on our website security measures and the protection of your personal information.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between us relating to your use of the Site and the subject matter addressed herein.  This Site is located and operated in the United States. We make no claims that the Content, materials displayed, distributed, made available or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the Site and/or any Content or such Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.