Where possible we are looking for ways to empower our members, so if there is a financial value to knowledge you share, you can be sure we will try to extend any benefits to the member first by helping you track those values with Ven.
Hub Culture supports the principles of creative commons and collaborative work, so you may feel free to link to or repost blog information appearing at Hub Culture as long as it is properly cited and linked. As a member posting blog content, images, video or other items, by posting that content, you should be aware that it is in the semi-public domain and may be reposted by other users at other locations.
If you are posting content you, the individual user, are responsible for the integrity and copyright concerning that content. Hub Culture will not be held responsible for content posted by users or members, including statements on forums, in blogs, or comment areas of the site.
If it's not yours, please don't post it. If you do, and we are informed of it, we will delete the information and your account. Please respect the integrity and value of the community, and remember that connections in Hub Culture are real-life connections.
"HUB CULTURE" is the interactive on-line service, physical location network and "VEN" interactive on-line commerce, accounting and exchange service operated by Hub Culture Ltd. and Hub Culture Pavilions Ltd. ("HUB CULTURE") on the World Wide Web of the Internet, multimedia and mobile platforms consisting of information services and content provided by HUB CULTURE, members of HUB CULTURE, and other third parties, and member club locations, projects and events on a worldwide basis.
"Member" means each person or organization who establishes or accesses a connection ("Account") for access to and use of HUB CULTURE content, products, networks, destinations, information and services.
(A) This Agreement, which incorporates by reference other provisions applicable to use of HUB CULTURE, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of specific material contained in HUB CULTURE, sets forth the terms and conditions that apply to use of HUB CULTURE by Member. By using HUB CULTURE (other than to read this Agreement for the first time), Member agrees to comply with all of the terms and conditions hereof.
The right to use HUB CULTURE is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account (under any screen name or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's password(s), if any.
(B) HUB CULTURE shall have the right at any time to change or discontinue any aspect or feature of HUB CULTURE, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
HUB CULTURE shall have the right at any time to change or modify the terms and conditions applicable to Member's use of HUB CULTURE, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on HUB CULTURE, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of HUB CULTURE by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of HUB CULTURE and all charges related thereto.
5. Member Conduct
(A) Member shall use HUB CULTURE for lawful purposes only. Member shall not post or transmit through HUB CULTURE any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HUB CULTURE's express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a Member that in HUB CULTURE's discretion restricts or inhibits any other Member from using or enjoying HUB CULTURE will not be permitted. Member shall not use HUB CULTURE to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with HUB CULTURE.
(B) HUB CULTURE contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of HUB CULTURE are copyrighted as a collective work under the United States copyright laws.
HUB CULTURE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HUB CULTURE and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Members and Subscribers shall not upload, post or otherwise make available on HUB CULTURE any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member.
Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of HUB CULTURE, Member automatically grants, or warrants that the owner of such material has expressly granted HUB CULTURE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Member hereby grants HUB CULTURE the right to edit, copy, publish and distribute any material made available on HUB CULTURE by Member.
(D) The foregoing provisions of Section 5 are for the benefit of HUB CULTURE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) MEMBER EXPRESSLY AGREES THAT USE OF HUB CULTURE IS AT MEMBER'S SOLE RISK. NEITHER HUB CULTURE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT HUB CULTURE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HUB CULTURE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, LOCATION OR MERCHANDISE PROVIDED THROUGH HUB CULTURE.
(B) HUB CULTURE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT HUB CULTURE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER/MEMBER.
(D) IN NO EVENT WILL HUB CULTURE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING HUB CULTURE OR THE HUB CULTURE PRODUCTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HUB CULTURE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON HUB CULTURE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HUB CULTURE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN HUB CULTURE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. HUB CULTURE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, HUB CULTURE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
HUB CULTURE shall have the right, but not the obligation, to monitor the content of HUB CULTURE, including chat rooms, discussions, mail and forums, to determine compliance with this Agreement and any operating rules established by HUB CULTURE and to satisfy any law, regulation or authorized government request. HUB CULTURE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on HUB CULTURE. Without limiting the foregoing, HUB CULTURE shall have the right to remove any material that HUB CULTURE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Member agrees to defend, indemnify and hold harmless HUB CULTURE, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of HUB CULTURE by Member or Member's Account.
Either HUB CULTURE or Member may terminate this Agreement at any time. Without limiting the foregoing, HUB CULTURE shall have the right to immediately terminate Member's Account in the event of any conduct by Member which HUB CULTURE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
HUB CULTURE and the HUB HULTURE SYMBOL, VEN the VEN SYMBOL and each of its associated logos are trademarks of HUB CULTURE Ltd. All rights reserved. All other trademarks appearing on HUB CULTURE are the property of their respective owners.
11. Third Party Content
HUB CULTURE is a distributor (and not a publisher) of content supplied by third parties and Members. Accordingly, HUB CULTURE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other user of HUB CULTURE, are those of the respective author(s) or distributor(s) and not of HUB CULTURE. Neither HUB CULTURE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through HUB CULTURE represents the opinions and judgments of the respective information provider, Member, or other user not under contract with HUB CULTURE. HUB CULTURE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on HUB CULTURE by anyone other than authorized HUB CULTURE employee spokespersons while acting in their official capacities. Under no circumstances will HUB CULTURE be liable for any loss or damage caused by a Member's reliance on information obtained through HUB CULTURE. It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through HUB CULTURE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for HUB CULTURE established by HUB CULTURE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Bermuda, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Supplemental Terms
Hub Culture Salons, Hub Culture Pavilions, the Hub Culture NooRepublic, Beach House, Cabanas, Crystal, Beach Shack, Bonfire, Boom Shake the Room, Poolapalooza, One Night One Wish, Ski Haus, Ven, Vbanks, Knowledge Brokerage, Hub Groups and all other titles associated to Hub Culture within are copyrighted properties of HUB CULTURE, subject to all terms and conditions outlined in Sections 1 through 12.