Last updated on: 5/11/2023
PART I: TERMS & CONDITIONS
In this section:
- Acceptance of policies and registration conditions
- How we will use your information
- Nondiscrimination policy
- Event conduct and safety
- Liability waiver & release
- Service as an invited speaker
- Credential/badge scanning during the event
- Usage of photographic and video material taken at CultureCon events
- Event ticket substitutions, cancellations, and refunds
- Learning Center course enrollment and refunds
- General and Other Terms
1. Acceptance of policies and registration conditions
These CultureCon Terms & Conditions apply to all CultureCon events, conferences and services. Prior to your registration for an event, conference or service you must acknowledge and accept the Terms & Conditions contained herein. Should you not wish to accept the Terms & Conditions you should not register.
Submission of a registration is regarded as affirmation of your acceptance of these Terms & Conditions.
2. How we will use your information
CultureCon uses the personal data you provide in this registration for administering your participation in this event. This may include information about the event’s content, event logistics, payment, updates, and additional information related to the event.
CultureCon may disclose your personal data to third party service providers engaged by CultureCon to assist in the conduct of the event (e.g. live video stream hosting provider, course instructors, event planners, mobile application provider, etc.). Information you provide when registering for or participating in an event managed or co-sponsored by parties other than or in addition to CultureCon may be shared with those parties, and the treatment of such information is further subject to the privacy policies of those parties. Except as described herein, CultureCon will not disclose your personal data to any other third party without your consent except where required to do so by law.
3. Nondiscrimination policy
CultureCon prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law.
4. Event conduct and safety
CultureCon is committed to providing a safe, inclusive, productive, and welcoming environment to all participants, including staff and vendors, at CultureCon-related events. CultureCon has no tolerance for discrimination, harassment, or bullying in any form at CultureCon-related events. Participants are expected to adhere to these principles and respect the rights of others.
What To Do If You Witness or are Subjected to Unacceptable Behavior: Participants should report any behavior inconsistent with these principles to onsite event staff. Event staff will be happy to help participants contact venue management, security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the event. We value your attendance.
You may also contact CultureCon directly to report a concern at [email protected].
5. Liability waiver & release
In consideration of being allowed to register for, and participate in the event, I hereby warrant and represent that I am age 18 or above and freely waive, release from liability, assume all risks, and covenant not to sue CultureCon or its members, employees, board members, agents, or volunteers for any expense, loss, damage, personal injury, including loss of life, disability, property damage, or property theft or actions of any kind that I may hereafter suffer or sustain before, during, or after the event, unless said expense, loss, damage, personal injury, including loss of life, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of CultureCon. This Liability Waiver and Release is specifically binding upon my heirs and assigns and is knowingly given.
6. Service as an invited speaker
If you agree to speak at a CultureCon sponsored event or service offering, we may share your contact, company and biographical information with event attendees. Sometimes we may also request a photograph. In other cases, we post on the respective event website information such as your name, employer, physical work address, work email address, as well as a link to your company website and/or social media sites (e.g. LinkedIn profile) available to the public. This is so that visitors to the event website, including event attendees and speakers, can contact you with questions and requests for more information, and to provide feedback if needed. Additionally, speakers may be asked to complete a release agreement or copyright form prior to their presentation.
7. Credential/badge scanning during the event
CultureCon event co-sponsors, exhibitors, and other third parties may directly request your personal information at their exhibit booths or presentations. Providing your information to them is optional, and you should review their privacy policies to address your particular needs and concerns about how they will treat your personal information.
If during the event you attend a session or program hosted by an exhibitor other than CultureCon, you understand and agree that when you present your badge for scanning or when you provide personal data, that information will go to a non-CultureCon entity and CultureCon takes no responsibility for how that company uses your personal information.
8. Usage of photographic and video material taken at CultureCon events
To comply with global data privacy laws, CultureCon imposes certain restrictions on the use of multimedia at its events (e.g. photography, video, audio, online streaming, and all future mediums). An attendee is permitted to use hand-held cameras and/or smart phones to take photographs and capture digital images for personal, non-commercial use, provided the photography is not disruptive. Photographs may not be published, sold, reproduced, transmitted, distributed or otherwise commercially exploited in any manner whatsoever.
CultureCon may hire professional service providers (photo/video/streaming/audio) to document and display the event experience. CultureCon may also use social media (e.g. Twitter) to: (i) post real-time photos and videos to its social media feeds; and (ii) display select submissions from those feeds on monitors throughout the event venue. Attendees and sponsors are encouraged to capture their event experiences and post their own social content from the event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any attendee, sponsor, third party, or CultureCon. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event an attendee requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the attendee.
By attending the event, you acknowledge and agree as follows: (a) CultureCon may edit and use attendee footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of its business; and (b) due to the prevalence of mobile recording devices in today’s world, CultureCon disclaims all liability for the capture of your image in any multimedia format by other attendees at the event.
9. Event ticket substitutions, cancellations, and refunds
Registrant substitutions may be made at any time with no penalty if received in writing prior to seven (7) days of the event. Cancellations received in writing prior to 21 days before the event will receive a refund minus an administrative fee. Cancellations received within 21 days of the event will not be refunded. No-show registrations will not be refunded.
If you need help determining how to transfer tickets, please email [email protected].
10. Learning Center course enrollment and refunds
A “Student” is any User who enrolls in a Course or obtains related services from the Learning Center. Whether it’s free or paid content, you are getting a license from CultureCon to view the Course and/or to obtain related services via the Learning Center platform, and CultureCon is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to copy or resell any Learning Center content or services in any manner (including by sharing account information with a purchaser or illegally downloading content and sharing it on torrent sites). For more details regarding CultureCon’s rights to license uploaded content, please carefully read our Appearance Release and Copyright License Agreement and Author Terms.
CultureCon grants you, as a Student, a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the services, in accordance with these Terms & Conditions and any conditions or restrictions associated with the particular content or feature of the Learning Center. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content, service, or aspect of the Learning Center unless we give you explicit permission to do so in a written agreement signed by a CultureCon authorized representative. This also applies to content you can access via any of our APIs.
Unless otherwise noted, we give a lifetime access license to our students when they enroll in a Course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Author Terms.
Authors may not grant licenses to their content to users directly, and any such direct license shall be null and void and a violation of these Terms & Conditions.
When you make a payment, you agree to use a valid, authorized payment method. If you aren’t happy with your content, CultureCon offers a 30-day refund or credit for most content purchases.
You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. CultureCon works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using the information provided by our payment service providers.
If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.
If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that CultureCon apply a refund to your account. We reserve the right to apply your refund as a refund credit to be applied to future CultureCon purchases or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. CultureCon also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
To request a refund, send us an email to [email protected]. If we issue refund credits to your account, they will be automatically applied towards your next content purchase on our Learning Center website. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the services. If we ban your account or disable your access to the content due to your violation of these Terms & Conditions, you will not be eligible to receive a refund at our sole discretion.
PART II: AUTHOR TERMS
In this section:
- Author Obligations
- Author Revenue Share
- License to CultureCon
- Trust & Safety
- Trust & Safety Policies
- Relationship to Other Users
- Anti-Piracy Efforts
- Price Setting
- Transactional Taxes
- Revenue Share
- Receiving payments
These Author Terms create a contract between you and CultureCon, regardless of whether another CultureCon subsidiary or third party facilitates payments to you.
1. Author Obligations
You are responsible for all Courses you upload to the Learning Center, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, announcements, and any other supplemental learning exercises you submit.
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Course will not infringe or misappropriate any third party's intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Course; and
- you will ensure a quality of content and/or service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will NOT:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Learning Center or to any or to any User;
- use the Learning Center for any purpose other than providing teaching and instructional services to Students;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed any part of the Learning Center (such as to embed a free version of a Course) or otherwise circumvent the Learning Center or CultureCon;
- impersonate another person or gain unauthorized access to another person's account;
- interfere with or otherwise prevent other Authors from providing Courses; or
- abuse CultureCon resources, including support services.
2. Author Revenue Share
CultureCon seeks to create a sustainable partnership with Authors, where Authors are rewarded for creating amazing content and bringing students to the Learning Center, and CultureCon is rewarded for driving sales of licenses and content provided by Authors. Please note these are revenue shares on the Net Amount, which is the amount a Student paid less any applicable taxes or fees. A full definition of the Net Amount is available elsewhere in the Author Terms.
- Authors receive 40% of the revenue for any CultureCon sales.
- Sales might occur after a user clicks on a CultureCon advertisement or browses the CultureCon marketplace for courses.
- The summary above outlines the revenue share between CultureCon and each Author for a given sale. It does not factor in any additional revenue sharing that an Author may have allocated for co-Authors, if any.
3. License to CultureCon
The Appearance Release and Copyright License contains detailed information regarding the Author’s license to CultureCon regarding all Courses. However, a summary of the general rights you agree to grant CultureCon is below.
You grant CultureCon the rights detailed in the Terms & Conditions and Appearance Release and Copyright License to offer, market, and otherwise exploit your Courses. This includes the right to add captions or otherwise modify the Course for delivery in alternative forms, such as but not limited to lectures, quizzes, practice exercises, practice tests, assignments, resources, answers, course landing page content, labs, and assessments, to ensure accessibility. You also authorize CultureCon to sublicense these rights to your Course to third parties, including to Students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.
We may record and use all or any part of your Course for quality control and for delivering, marketing, promoting, demonstrating, or operating the services. You grant CultureCon permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the services, your Course, or CultureCon's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
4. Trust & Safety
4.1 Trust & Safety Policies
You agree to abide by CultureCon's content quality standards or policies prescribed by CultureCon from time to time and sent to you via email or posted to the Learning Center. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Learning Center is subject to CultureCon's approval, which we may grant or deny at our sole discretion.
We reserve the right to remove content, suspend payouts, and/or ban Authors for any reason at any time, without prior notice, including in cases where:
- content falls below our quality standards or has a negative impact on the Students’ experience;
- an Author engages in behavior that might reflect unfavorably on CultureCon or bring CultureCon into public disrepute, contempt, scandal, or ridicule;
- an Author engages the services of a marketer or other business partner who violates CultureCon's policies;
- an Author uses the Learning Center in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates CultureCon's policies; or
- as determined by CultureCon in its sole discretion.
4.2 Relationship to Other Users
Authors do not have a direct contractual relationship with Students, so the only information you'll receive about Students is what is provided to you through the Learning CenterYou agree that you will not use the data you receive for any purpose other than providing the Course to those Students on the Learning Center, and that you will not solicit additional personal data or store Students' personal data outside the Learning Center. You agree to indemnify CultureCon against any claims arising from your use of Students' personal data.
4.3 Anti-Piracy Efforts
We may partner with anti-piracy vendors to help protect Learning Center content, including Courses, from unauthorized use. To enable this protection, you hereby appoint CultureCon and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your Courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. CultureCon has no affirmative obligation to police or protect the Courses.
You agree that CultureCon and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to [email protected] with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
5.1 Price Setting
When uploading a Course available for purchase at the Learning Center, we will list your Course for the Base Price, as agreed prior to the upload.
When a Student purchases a Course using a foreign currency, we will convert the relevant Base Price into the Student's applicable currency using a system-wide foreign currency conversion rate.
You give us permission to share your Courses for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased a Course. You understand that you will not receive compensation in these cases.
5.2 Transaction Taxes
If a Student purchases a product or service in a country that requires CultureCon to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
6.1 Revenue Share
When a Student purchases your Course, we calculate the gross amount of the sale as the amount actually received by CultureCon from the student ("Gross Amount"). From this, we subtract any Transaction Taxes and any other fees at checkout sales to calculate the net amount of the sale ("Net Amount").
Your revenue share will be 40% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice on the Learning Center.
CultureCon makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. CultureCon is not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
6.2 Receiving Payments
For us to pay you in a timely manner, you must own at least one of the following accounts and you must keep it in good standing:
2. Payoneer, or
3. U.S. bank account (for U.S. residents only)
You must also keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due. In addition, you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.
As an Author, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
You acknowledge and agree that Students have the right to receive a refund, as detailed in the Terms & Conditions. Authors will not receive any revenue from transactions for which a refund has been granted under the Terms & Conditions.
If a Student requests a refund for your Course after we have paid you, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to Students for the instructor's Course.
While you are an Author and subject to the requirements below, you may use our trademarks where and how we authorize you to do so.
- only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
- only use our trademarks in connection with the promotion and sale of your Course available at the Learning Center or your participation in the Learning Center; and
- immediately comply if we request that you discontinue use.
You must not:
- use our trademarks in a misleading or disparaging way;
- use our trademarks in a way that implies that we endorse, sponsor, or approve of your Course or services; or
- use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
PART III: APPEARANCE RELEASE AND COPYRIGHT LICENSE
This is an Appearance Release and Copyright License Agreement (“License Agreement”) between CultureCon and each User, regarding the filming, recording, photographing, and use of the User’s appearance and voice (“Recording”) in connection with the Learning Center, Website, or any CultureCon event. You grant CultureCon the right to use the Recording in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created. CultureCon has no obligation to use the Recording and CultureCon will be the sole and exclusive owner of all right, title, and interest in and to the Recording. You represent that you have the right, power, and authority to enter into this Agreement and grant the rights granted hereunder. The License Agreement constitutes the sole and entire agreement of the parties regarding your appearance release and copyright license.
1. You irrevocably grant to CultureCon the right, to film, record, and photograph you, and to film, record, photograph, display and depict the Recording on the Learning Center and anywhere else CultureCon deems fit.
2. You irrevocably grant and license to CultureCon and its affiliates, successors, licensees, agents, and assigns ("Authorized Persons") the right to use your name, likeness and voice and all information, materials, and elements contained in your Course(s), as they appear in the Recording, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, without further consent from or any royalty, payment, or other compensation to you.
3. You irrevocably permit, authorize, and license CultureCon and the Authorized Persons to identify you, use your name, likeness, appearance, voice, professional and personal biographical information, and to use all information, materials, and elements contained in the Course, and all materials created by or on behalf of CultureCon that incorporate any of the Recording and/or the Course, in connection with the Learning Center and advertising and promotion of the Learning Center without further consent from you or any royalty, payment, or other compensation.
4. You represent that you have not given any money or anything else of value to CultureCon or any of its employees, agents, or representatives, or anyone else associated with CultureCon, in exchange for appearing in the Recording or on the Learning Center.
5. You agree that CultureCon is and will be the sole and exclusive owner of all right, title, and interests in and to the Learning Center, the Recording (including all film, photographs, and other recordings, including outtakes and behind-the-scenes footage), and the Course.
6. You waive your moral rights with respect to the use of the Recording and Course pursuant to this License Agreement. To the extent this waiver is not permitted by applicable law, you hereby agree that you will not enforce such Moral Rights against CultureCon and the Authorized Persons.
7. CultureCon has no obligation to use the Recording or any Course, or create, produce, advertise, or promote the Learning Center or the Course, or include the Recording in the Learning Center, or to exercise any rights granted under this License Agreement.
8. You acknowledge and agree that you have no right to review or approve the Recording before it is used by CultureCon or at any other time. Any acknowledgment or credit of me in connection with the Recording, Learning Center or the Course, if any, shall be determined by CultureCon in its sole discretion.
9. You represent and warrant that you are at least eighteen (18) years of age, and you have full right, power, and authority to enter into this License Agreement and grant the rights granted hereunder.
This release provides CultureCon with your absolute and unconditional consent, waiver, and release of liability, allowing the CultureCon to publicize and commercially exploit your name, likeness, and other personal characteristics, as well as the art subject to the conditions set out above. By signing, you acknowledge that you have read and understood all of the terms of this release and that you are giving up substantial legal rights, including the right to sue CultureCon to enforce your moral rights.
PART IV: OTHER AND GENERAL TERMS
Your continued use of the Website or Learning Center or your attendance at an event after changes become effective means that you accept those changes. Any revised terms supersede all previous terms.
Any version of these Term of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
3. Relationship Between Us
No joint venture, partnership, employment, or agency relationship exists between us.
5. How to Contact Us
The best way to get in touch with us is to contact us via [email protected]. We'd love to hear your questions, concerns, and feedback.
6. Independent Views
The views expressed by any User, including any Author, are not necessarily those of CultureCon. All Users are responsible for their own participation, presentations, marketing collateral, advertising, and/or Courses.
7. Entire Agreement
CultureCon may assign this Agreement and CultureCon’s rights and obligations hereunder, in whole or in part, to any party at any time in its sole discretion.
9. Governing Law & Venue