Last updated: May 25, 2018
END USER LICENSE AGREEMENT
This Agreement contains the complete terms and conditions that govern the use of the CultureCloud mobile software applications (collectively, the “App”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF OUR SOFTWARE, DOWNLOADABLE SOFTWARE APPLICATIONS, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS APP. CultureCloud RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT CultureCloud’S DISCRETION. CONTINUED USE OF ANY PART OF THIS APP CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [http://tediferous.com/eula].
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this App;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this App;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this App or any networks connected to this App;
(xvii) violates any applicable law or regulation;
(xviii) contains hyperlinks to other sites that contain content that falls within the scope of this Section; or
(xiv) uses any robot, spider, scraper or other automated means to access or bypass the App for any purpose without the express written permission of CultureCloud.
You acknowledge that any Submissions uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither CultureCloud nor any third party that provides Content to CultureCloud will assume or have any liability for any action made by CultureCloud or such third party with respect to any Submission.
You acknowledge that Content uploaded to the App by other users may be inaccurate, offensive, or objectionable, and, with respect to such Content, you hereby waive any legal or equitable rights or remedies you have against CultureCloud with respect to such Content, and you agree to indemnify and hold harmless CultureCloud, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
You understand that you are responsible for all data charges you incur by using the Services. Furthermore, your use of the Services will not: (a) compromise the security of the Services; (b) reverse engineer any aspects of the Services or otherwise circumvent restrictions you’re your access to any area, content or code used within the Services; (c) use another user’s account without authorization; (d) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (e) capture data, images, video or sound recordings of another with the Services without the party’s consent, or; (f) develop any third-party applications that interact with the Services without prior written consent from CultureCloud.
This App utilizes location-based services for individual use and it should not be relied on as an emergency locator system, used while driving or operating vehicles or used in any other circumstance other than those intended by the App.
CultureCloud does not control the content of Submissions between users. CultureCloud reserves the right, but has no obligation, to monitor such Submissions for any purpose. You acknowledge that you are solely responsible for all content and materials you provide using the App.
While CultureCloud makes reasonable efforts to present accurate and reliable information on the App, CultureCloud does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon Content or other information displayed or distributed through the App, including but not limited to the Submissions made by other users, is at your sole risk.
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CultureCloud DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CultureCloud DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY CultureCloud APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CultureCloud DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CultureCloud MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS APP OR ITS CONTENT. CultureCloud MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
CULTURECLOUD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION THOSE THAT MAY ARISE FROM: (A) LOSS OF REVENUE OR INCOME; (B) PAIN AND SUFFERING; (C) EMOTIONAL DISTRESS; (D) THE CONDUCT OF OTHER USERS OF THE SERVICES, YOUR ABILITY OR INABILITY TO USE THE SERVICES; (E) THE PROVISIONS OF THE SERVICES OR ANY CONTENT AVAILABLE THEREIN, OR; (F) SIMILAR DAMAGES, EVEN IF CULTURECLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CultureCloud AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 ORTHE AMOUNT YOU HAVE PAID TO CultureCloud FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “Intellectual Property”) appearing in this App are the property of CultureCloud or the party that provided the Intellectual Property to CultureCloud. CultureCloud and any party that provides Intellectual Property to CultureCloud retain all rights with respect to any of their respective Intellectual Property appearing in this App. All contents of CultureCloud’s App are: Copyright © 2016 CultureCloud, Inc. All rights reserved.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
CultureCloud’ Copyright Agent for notice of claims of copyright infringement on its App can be reached as follows:
913 Wood Street Apt. 3
Philadelphia PA, 19107
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD CultureCloud HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CultureCloud DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONSTAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CultureCloud OR LAWENFORCEMENT AUTHORITIES.
If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CultureCloud as a result of this agreement or use of CultureCloud’ App. This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CultureCloud with respect to CultureCloud’s App. Notwithstanding the foregoing, any additional terms and conditions on this App will govern the items to which they pertain. CultureCloud may revise this Agreement at any time by updating this posting.
At Tediferous, LLC, a Delaware limited liability company (referred to as “Company,” “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy practices for the Company’s family downloadable software applications (collectively, the “App”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this App.
If you have any questions about this Policy, please feel free to contact us at:
Address: 913 Wood Street Apt. 3, Philadelphia, PA 19107
IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE APPLICATION.
In order to better provide you with the services provided at this App, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information. We also collect certain information from other sources. Primarily, the mobile software application we offer through this App is intended to permit you to upload information about yourself in the form of a user profile to our servers (which may include personally identifiable information, photos and other information you choose to share, along with message content you exchange with other users of the App (collectively, the “Content”).
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this App, such as registering for an account, downloading or purchasing a product or service, submitting Content, or sending us feedback, we may ask you to provide certain information about yourself.
Examples of PII may include your first and last name, email address, mailing address (including zip code), mobile telephone number, textual information, interests, languages you speak, photographs you choose to share with us, and other identifying information. Additionally, we permit you to log into our App using your Facebook account. Your login with Facebook permits us to obtain personal information which may include e-mail, age, sex, birthday, first and last name, Facebook identifier, work history, education history, hometown, current city/state/country of residence, a list of your Facebook friends and places you may have been tagged in. We may collect information about your device, including the hardware model, operating system and version, unique device identifiers, browser type and language, mobile device phone number, GPS location, and mobile network information. We also collect certain device information that will help us diagnose problems with the Services we offer.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our App. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our App, what browser you are using, and your Internet Protocol (“IP”) address.
We do not collect any PII about you unless you voluntarily provide it to us, either directly or by permitting us to indirectly access such information from your mobile device or Facebook account. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the App.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our App and to gather demographic information.
By way of example, our App and our mobile software application (collectively, our “Platform”) uses your PII in order to:
We will not sell, trade, or rent your PII to others other than in aggregate forms that protect your identity. Occasionally, we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this App. You may also access and correct your personal information and privacy preferences by contacting us at:
Address: 913 Wood Street Apt. 3, Philadelphia, PA 19107
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
We may, from time to time, send you email or in-app notifications regarding new products and services that we feel may interest you. Only the Company and its subsidiaries and affiliates (or agents working on behalf of Company and under confidentiality agreements) will send you these solicitations. There is currently no way to “opt-out” of solicitations while CultureCloud is on your device.
You can be assured that your PII is secured in a manner reasonably consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this App cannot be guaranteed (c) CultureCloud uses a number of third party software and platforms; using CultureCloud you also accept and comply with their privacy policies and understand their security policies
CultureCloud currently does not have an age limitation, except the one that is carried over from Facebook’s policies. Our app has 12+ age rating in most counties, and Teen ESRB rating in the US. See the below screenshot.