Welcome to the CultivAsian website terms and conditions. Please read these terms and conditions carefully. These apply whenever you use the website, and through whatever device or platform you choose to access our content through. By using our website, you are deemed to have accepted these conditions.
1. User obligation
Use of this site constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use the site. By accessing, using and/or downloading materials from this site, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by the terms and conditions set forth below. CultivAsian reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this site and therefore should cease using this site immediately.
2. Registration
Access to registration areas on the CultivAsian website is via your username and password. You are allowed to post information using your registration information on the following basis:
(i) Your email address, username and password are personal to you and may not be used by anyone else to access the CultivAsian website.
(ii) You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the CultivAsian website.
(iii) You will not do anything which will act as an abuse of the site, its functionality or its users; nor do you seek to pass yourself off as another user.
(iv) You comply with these terms and conditions.
If, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of the CultivAsian website with immediate effect and without giving you any advance notice.
If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered stating that the agreement has terminated. The agreement will terminate and your username and password will become invalid on the CultivAsian website immediately.
3. Copyright and Other Intellectual Property
The names, images and logos identifying CultivAsian, and their products and services are proprietary marks of CultivAsian. Nothing contained herein shall be construed as conferring by implication, or otherwise any licence or right under any trade mark or patent of CultivAsian.
All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of CultivAsian. In accessing the CultivAsian site, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without CultivAsian' s prior written permission.
4. Use of material appearing on the CultivAsian website.
"Material" is defined as including, without limitation, text, video, graphics and sound material, published on the CultivAsian website, whether copyright of CultivAsian or a third party.
You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in any manner which could constitute the creation of a database in electronic or paper form comprising any of the material appearing on the CultivAsian website.
You must not reproduce any part of the CultivAsian website or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless you have received prior permission from us.
If you wish to replicate or distribute any parts of the CultivAsian website or its constituent material then please contact us for permission to do so.
5. Data posting
Any information or data you transmit or post on this site will be non-confidential and shall belong absolutely to CultivAsian. The information may be used by CultivAsian for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, posting or otherwise at CultivAsian 's absolute discretion (according to and subject to The Data Protection Act, see Privacy Statement). You hereby assign to CultivAsian (by way of permanent assignment of present and future copyright) all rights of any nature in and to such material throughout the world including all renewals and reversions thereof.
6. Terms of use
The use of this site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.
7. Third Party Sites / Links
CultivAsian is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CultivAsian does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). CultivAsian is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this site must be direct to any complete content page (and not any part of a page) within CultivAsian and must not be viewed within the pages of any other site. CultivAsian disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.
Links do not imply that CultivAsian endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of CultivAsian or any of its affiliates or subsidiaries.
Individual advertisers are solely responsible for the content of advertising material which they submit to CultivAsian, including ensuring that it complies with the relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
8. Disclaimer/Limitation of Liability
CultivAsian does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software). The information and other materials included on the CultivAsian site may contain inaccuracies and typographical errors. You should not rely on the content.
You acknowledge that any reliance on any such statement or information shall be at your sole risk. CultivAsian reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice. In no event will CultivAsian and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the site. These exclusions do not apply to death or personal injury caused by CultivAsian’s negligence and only apply to the extent permitted by law.
CultivAsian does not warrant that the functions contained in this site will be uninterrupted or error free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. CultivAsian may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
9. Indemnity
You agree to indemnify and keep indemnified CultivAsian from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the site other than in accordance with these terms and conditions.
10. Submission of text based material for publication on the CultivAsian website
Users of our site may submit material for publication in various areas of the site, including classified advertisements and posting comments, reviews and analysis on various parts of the site. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy.
If you want to submit material to us for publication on any part of the site or as a classified advertisement, you may do so on the following terms and conditions, where relevant:
(i) Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
(ii) You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format.
(iii) You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights.
(iv) You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal.
(v) You agree not to post material which is deliberately intended to upset other users (
vi) You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
11. Submitting graphical material and photography for publication on the CultivAsian website
When you send a photograph or other graphical material to us you do so in accordance with these Terms of service.
This means that you hereby agree that you have taken the photograph(s) you have submitted to us or / and you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time we want on the CultivAsian website.
Selected photographs and graphical material will be published at the discretion of the editor and you will not be paid, even if your photograph(s) is (are) published.
At our discretion we may alter your photograph(s) or graphic(s) as we think fit to appear on the CultivAsian website, and we may also remove your photograph(s) or graphics at any time.
Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments which you submit along with your photograph(s) or graphic.
You or the owner of the photograph(s) still own the copyright in the photograph(s) sent to us and are free to republish the photograph(s) wherever you or the owner wish and in whatever medium you or the owner want.
12. Data protection
If you have indicated that you wish to receive email updates only from CultivAsian, your personal details will be included on a database compiled for this specific purpose.
If you have indicated that you wish to receive direct marketing material or email updates from CultivAsian but subsequently change your mind, you should notify us by email. As soon after this as is reasonably practicable, we will remove your name details from the relevant database.
There is currently no provision on the registration form for third-party direct marketing material, and therefore the personal details collected will not be passed to anyone without explicitly asking for your consent. Please see our privacy policy for more on this.
13. Law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
Legal information under the Data Protection Act
For the purposes of the Data Protection Act of 1998, the Data Controller for this website is CultivAsian, PO Box 181, Bexleyheath, Kent, DA6 8WE. Any queries regarding CultivAsian’s use of data and data policies should be addressed to the editor.
