Terms of Service

1.1 Contract

You agree that by clicking “Join Now”, “Join CultureBrew.Art”, “Sign Up” or similar registering, accessing, or using our services (described below), you are agreeing to enter into a legally binding contract with Visceral Visions Society (even if you are using our Services on behalf of a company). If you do not agree to this contract (the “Contract” or “Terms of Service”), do not click “Join Now” (or similar), and do not access or otherwise use any of our Services. If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using our Services.

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

1.2 Members

To register and join CultureBrew.Art as a Member, you must be an Artist who self-identifies as Indigenous and/or racialized, defined as a person who belongs to one or more of the following marginalized groups:

• Indigenous of Turtle Island (North America), including First Nations, Inuit, and Métis peoples
• Indigenous from beyond North America 
• African diaspora
• East/Southeast Asian diaspora
• Latin American (Latinx) diaspora
• South Asian diaspora
• West Asian/Southwest Asian/North African (Middle Eastern/Arab) diaspora
• Mixed Ethnicity (of which you are at least one of the above racialized or ethnic groups)

1.3 Subscribers

If you are a person or company who wishes to find a Member for employment purposes, you may register in CultureBrew.Art as a Subscriber. 

1.4 Change

We may modify this Contract, our Services, and our Privacy Policy from time to time. If we make material changes, we will provide you notice through our Services or by other means including email – even if you have opted out of our marketing and promotions emails – to provide you the opportunity to review changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2.1 Service Eligibility

The Services are not for use by anyone under the age of majority without parental or legal guardian consent. If you are under the age of majority, whether 18 or 19, you must have a parent or legal guardian register on your behalf. Go to Section 2.2 (below) for details about this process.

To use the Services, you agree that: (1) you are the legal age of majority as prescribed by the Canadian province or territory in which you reside; (2) you will only have one CultureBrew.Art account, which must be in your legal name; and (3) you are not already restricted by CultureBrew.Art from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others, or persons under the age of majority who register without parental or legal guardian consent.

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least the legal age of majority.

2.2 Parent/Legal Guardian

If you are a parent or legal guardian of a Minor as prescribed by the Canadian province or territory in which you reside, and wish to register a Minor for whom you are legally responsible, you agree that (1) you are the legal age of majority as prescribed by the Canadian province or territory in which you reside; (2) you will provide your email address as the primary means of contact for the Minor’s account and profile; and (3) you accept legal responsibility for the Minor.
 
In Canada, the legal age of majority in each province and territory is as follows:

• 18 years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan
• 19 years old in British Columbia, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon

2.3 Your Account

Members and Subscribers are account holders. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account; and (4) follow the law, our Code of Conduct, and our Do’s and Don’ts (see Section 8 below). You are responsible for anything that happens through your account unless you close it or report misuse.

You will keep your password a secret.

You will not share an account with anyone else, and will follow our rules as well as the law.
 

When you register as a Member or Subscriber, you must provide a unique email address for your account, which will be your unique system identification.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.4 Payment

You agree to pay us the applicable fees and taxes specific to the Services. Failure to pay these fees will result in the termination of your Services. Also, you agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• Our processing payment provider, Stripe, will securely store your payment processing information, and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services, and to pay for other Services you may buy.
• If you purchase a subscription, your payment method will be automatically charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you must cancel before the renewal date.
• We will calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice(s) through your CultureBrew.Art account settings under “Billing” for Subscribers, and “My Account” for Members.

You’ll honor your payment obligations, and you are okay with our payment processor, Stripe, securely storing your payment information. You understand that there may be fees and taxes that are added to our prices.

We don't guarantee refunds.
 

2.5 Notices and Messages 

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, and/or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

You further agree that legal notices and messages regarding your account and/or changes to our Services, Code of Conduct, Privacy Policy, and this Contract may be sent to you, even if you have opted out of our marketing and promotions emails. Please review your settings to control and limit messages you receive from us.

3.1 Your License to Visceral Visions Society

As between you and Visceral Visions Society, you own the content and information that you submit or post to the Services, and you are only granting Visceral Visions Society and our affiliates the following non-exclusive license:

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it; and (b) for the reasonable time it takes to remove from backup and other systems.
2. While we may edit and make format changes to your content (such as translating it, modifying the size, layout, or file type or removing metadata), we will not make other modifications.
3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

3.2 Service Availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

CultureBrew.Art is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

We may change, suspend, or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under the law, these changes may be effective upon notice provided to you.

3.3 Other Content, Sites, and Apps

We do not review content provided by our Members or Subscribers. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful.

You agree that we are not responsible for others’ (including other Members’ and Subscribers’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. 

3.4 Limits

We reserve the right to limit your use of the Services, including your ability to contact other Members. We also reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Services (e.g., violating our Do’s and Don’ts (see Section 8 below) or Code of Conduct).

3.5 Intellectual Property Rights

Visceral Visions Society reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in or to the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. CultureBrew.Art and other CultureBrew.Art trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Visceral Visions Society.

4.1 No Employment Services

VISCERAL VISIONS SOCIETY AND CULTUREBREW.ART DO NOT PROVIDE ANY EMPLOYMENT SERVICES. ANY ARRANGEMENT FOR EMPLOYMENT IS STRICTLY BETWEEN A MEMBER AND SUBSCRIBER, AND/OR BETWEEN A MEMBER AND ANOTHER MEMBER.

4.2 No Warranty

TO THE EXTENT ALLOWED UNDER LAW, VISCERAL VISIONS SOCIETY AND ITS AFFILIATES (AND THOSE THAT VISCERAL VISIONS WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.3 Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS VISCERAL VISIONS SOCIETY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), VISCERAL VISIONS SOCIETY AND ITS AFFILIATES (AND THOSE THAT VISCERAL VISIONS WORK WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS, OR REVENUES RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF VISCERAL VISIONS SOCIETY AND ITS AFFILIATES (AND THOSE THAT VISCERAL VISIONS WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY; OR (B) CDN $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VISCERAL VISIONS SOCIETY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW), EVEN IF VISCERAL VISIONS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Both you and we may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

• Our rights to use and disclose your feedback;
• Members’ and/or Subscribers’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
• Sections 4, 6, 7, and 8.2 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.
• To terminate your account and remove your profile, please contact us.

To the extent allowed by law, the English language version of this Contract is binding and any other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8.1 Do's

You agree that you will:

1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your legal name or professional stage name on your Profile; and
4. Use the Services in a professional manner.

8.2 Don'ts

You agree that you will not:

1. Create a false identity on CultureBrew.Art, misrepresent your identity, create a Member profile for anyone other than yourself (a real person) unless you are the parent or legal guardian listing a minor in your care, or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines and artificial intelligence programming), without our consent;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others);
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
7. Violate the intellectual property or other rights of CultureBrew.Art, including, without limitation, (i) copying or distributing our learning videos or other materials; or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “CultureBrew.Art” or our logos in any business name, email, or URL;
8. Post anything that contains software viruses, worms, or any other harmful code;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by CultureBrew.Art without our express consent;
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
12. Deep-link to our Services for any purpose other than to promote your profile or a group on our Services, without our consent;
13. Use bots, artificial intelligence, or other automated methods to access the Services, add or download contacts, send or redirect messages;
14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
18. Violate the Code of Conduct or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

If you want to send us notices or service of process, please contact us:

ONLINE OR BY MAIL

• Email us with complaints or to request technical support
• Email us with privacy concerns
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• Visceral Visions Society
• 125A - 1030 Denman Street
• Unit 178
• Vancouver, BC V6G 2M6