MyCulpability by Culpability, Inc. Terms of Service


Effective Date: 02/01/2020

Last Updated: 05/11/2020

This Agreement is made between Culpability, Inc. (“Culpability” “we”, or “us”) and you (each a “Party” and collectively “Parties”) and sets forth the legally binding terms and conditions governing your access to and use of the Service. Culpability provides the MyCulpability website (“Site”), computing application (“App”), the storage functionality associated with the Site and/or App, and the associated data, services, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”). All MyCulpability users are subject to the following terms and conditions (“Terms of Service” or “Agreement”). 

BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING OR USING ANY PART OF OUR SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE TO BE BOUND BY OUR PRIVACY POLICY , WHICH IS HEREBY INCORPORATED INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT ACCESS, USE, OR INSTALL ANY PART OF OUR APP OR SERVICE.

We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your continued access to or use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. Please refer to the “Effective Date” above to see when this Agreement was last updated.

DEFINITIONS

Affiliates – affiliates of Culpability include parent companies, subsidiaries, assigns, licensors, suppliers, and service providers.

Culpability – any reference to Culpability shall include its officers, directors, shareholders, managers, and employees where applicable.

Intellectual Property – Intellectual Property shall include, but is not limited to, all copyrights, patents, trademarks, trade secrets, proprietary information, and materials that may qualify for such protection.

Payment Method – Payment Methods are any services, accounts, or cards through which Culpability accepts payments.

Payment Processor – Payment Processor refers to third party providers such as PayPal, Stripe, etc. that provide payment processing services.

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights other than those explicitly listed are granted.

Eligibility

You must be at least thirteen (13) years old to use the Service. By using the Service, you represent that you meet the applicable minimum age requirement.

Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.

By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions in this Agreement.The Service is intended for use solely within the United States. You may be unable to access the Service, and Culpability, Inc. may elect to not receive, store, or process your data if you are outside the United States.

Important Notices

We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

The materials appearing on or through the Service, including, but not limited to summaries, descriptions, publications, and any other such materials, are not intended to and do not constitute medical or legal advice. These materials are general in nature, and may not apply to particular medical or legal circumstances. Those accessing the materials appearing on the Service should not act upon them without first seeking medical, legal, or other counsel. Neither the use of the Service or communications through the Service constitute legal or medical advice and do not create privileged relationships of any type.

Subscription and Fees

The Service may require fees (a “Subscription”) for access to your account associated with the Service (“Account”). When you sign-up for a Subscription, you will be granted access to your Account for the length of time and level of service identified when you sign-up. Your Subscription automatically renews at the end of your Subscription term, unless you opt out of auto-renewal or cancel the subscription prior to the renewal date. You will be charged in the amounts and at the times identified in the Subscription you select. We reserve the right to change the applicable Subscription fees or charges and to institute new subscription fees and charges applicable at any time.

Your Subscription may also be extended by an individual that you designate on the Service, as further defined on the Service (the “Journal Designee”) upon:

  1. their request for renewal; 
  2. their submission and our verification of proof of your incapacity or death; and
  3. their provision of requisite information for a new Payment Method.

For any Subscriptions, you agree that your license to the Service is not a service, repair, or maintenance to real or personal property.

The current range of Subscription rates and tiers are available for review on the Service.

All transactions are final and no refunds are available from Culpability.

Culpability reserves the right to suspend your access to the Services and assess any costs of collection against you in the event of non-payment.

Payment Processor

We may use a third-party Payment Processor to bill and collect payments for your access to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any errors made by the Payment Processor. You agree to provide accurate and complete information about you and your chosen Payment Method, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. Verification of information may be required prior to the acknowledgment or completion of any transaction. You authorize us to share such information as well as transaction information with the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for access to your Account. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, to charge your Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s), bank accounts, or other payment means used to initiate any transaction.

Third-party Content & Services

We may make third-party services and/or content available through the Service. Once you authorize a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. You are solely responsible for reviewing and approving each such third party before sharing or otherwise allowing access to any data or information through the Service. If you elect to use any such third-party service(s) within the Service, such election constitutes your authorization and consent to sharing your data and/or information with authorized third parties. We do not endorse any third-party content or services and do not make any representations or warranties regarding their quality, content, or accuracy. We further do not endorse any third-party content, products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. CULPABILITY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

Rules of Conduct

Your access to the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any applicable law or regulation, including any laws regarding the export of data or software, in connection with your use of the Service.

We are not responsible for any unauthorized access to your account or profile by others. You must keep your username, password, and any other information needed to login to the Service or access uploads to your digital diary, if applicable, confidential and secure. 

Prohibited Content. You agree not to distribute, upload, make available, or otherwise publish through the Service any data, suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or similar materials (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

  • is unlawful or encourages another to engage in unlawful conduct;
  • contains a virus or any other similar program(s) or software which may damage the operation of our or another’s computer;
  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity, or other intellectual property right of any party; or
  • is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

For purposes of clarity, Culpability understands that uploading Content that in other circumstances may be considered lewd, obscene, indecent, inappropriate, or otherwise violative of this provision may be part of the core purpose of the Service. Culpability, Inc. will evaluate any potential violations of this provision with this core purpose in mind on a case-by-case basis.

Restrictions on Use

You further represent and agree that you will not do any of the following:

  • breach, through the Service, any agreements that you enter into with any third parties;
  • stalk, harass, injure, or harm another individual through the Service;
  • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
  • interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
  • transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
  • attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
  • take any actions that impose, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • harvest or collect the email address, contact information, or any other personal information of other users of the Service;
  • use any means to crawl, scrape or collect content from the Service via automated or large group means;
  • submit, post, or make available false, incomplete, or misleading information to the Service, or otherwise provide such information to us;
  • register for more than one user account;
  • impersonate any other person or business;
  • interfere or attempt to interfere with the proper working of the Service;
  • access or attempt to access any portion of the Service that is not public;
  • override or attempt to override any security measures in place on the Service; or
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Company, may harm Company or users of the Service or expose them to liability.

Notwithstanding anything herein to the contrary, we reserve the sole right to protect our users from violators and violations of these rules of conduct by restricting your access to the Service, restricting your ability to upload Submissions or Content, immediately terminating your access to the Service, or terminating your access to the Service by blocking certain IP addresses from accessing the Service. This is not an exhaustive list of potential actions. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Content Submitted or Made Available to Us

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, and otherwise use content you make available to us.

Therefore, if you choose to submit, or otherwise make available, any Content to and/or through the Service, you hereby grant to Culpability and its Affiliates a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate, and create derivative works from any such Content for purposes of providing the Service.

You further grant us the rights to  including without limitation (i) distribute part or all of the Content in any media format through any media channels; and(ii) exploit the right of publicity and use the name, image, likeness, and persona of the any individuals depicted in such Content in accordance with your instructions or the instructions of your Journal Designee.

By submitting any Content or Submissions to us you hereby agree, warrant and represent that:

  1. the Content and Submissions do not contain proprietary or confidential information;
  2. the provision of the Content and Submissions is not a violation of any applicable law or any third-party’s rights;
  3. all such Submissions and Content are complete, accurate and true;
  4. we are not under any confidentiality obligation relating to the Content or Submissions;
  5. we shall be entitled to use or disclose the Content or Submissions in any way, in accordance with this Agreement and our Privacy Policy; and
  6. you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content, or other matter you submit, post, or make available to or on the Service. We reserve the right to withhold, remove, and/or discard any such material at any time.

All-Party Consent States

If you plan to record telephone calls or in-person conversations (including by recording video that captures sound), you should be aware that there are federal and state laws that may limit your ability to do so. These laws not only expose you to the risk of criminal prosecution, but also potentially give an injured party a civil claim for money damages against you. If you have questions, we recommend that you consult with an attorney. Culpability shall not be liable for any violation of applicable laws.

Special considerations apply when recording police officers or other public officials. You may have a constitutional right to openly record the activities of police and other officials in public, so long as you do not interfere with those activities or violate generally applicable laws.

Not an Emergency Service  

The Service is not an emergency service and should not be relied upon for assistance in urgent or emergency situations. The Service does not provide any police or security services. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING AN EMERGENCY OR IF YOU NEED URGENT CARE.

Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names, and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrighted materials for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, trademarks, or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections, or modifications) and any and all related documentation, are, and shall remain, the sole and exclusive property of Culpability and/or its Affiliates. Culpability grants you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with this Agreement. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of Company’ or its licensors’ proprietary material in the Service without the prior written consent of Company.

Except as expressly set forth herein, you have no right, title or license to any of Company’ or its licensors’ intellectual property and agree that you may not use our information or Intellectual Property to create something that performs, replicates, or utilizes the same or substantially similar functions as the Service.

Data Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your access to and use of the Service.

Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense, and indemnification obligations survive any termination of this Agreement.

EXCLUSION OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY EXPRESS WARRANTIES, AND EACH DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, APPLICABILITY, PERFORMANCE, NON-INFRINGEMENT, OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (IN ANY FORM) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. WHILE WE STRIVE TO PROVIDE HIGH QUALITY SERVICES, WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE; OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES, OR OTHER HARMFUL INFORMATION OR COMPONENTS.

LIMITATION OF LIABILITY

OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS AND SHOULD NOT BE RELIED UPON. WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF SUCH CONTENT AND MAKE NO REPRESENTATIONS ABOUT SUCH CONTENT OR THEIR RESPECTIVE AUTHORS. THE RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE BASED UPON SUCH CONTENT.

THE SERVICE IS INTENDED TO BE USED FOR ITS LIMITED FUNCTIONS ONLY. INFORMATION ON THE SERVICE DOES NOT CONSTITUTE LEGAL, MEDICAL OR OTHER ADVICE.

NEITHER WE NOR ANY OF OUR AFFILIATES MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

Notwithstanding the foregoing, in the event that a court should find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our Affiliates shall be liable for:

  • any damages in excess of the greater of (a) $500.00 or (b) the amounts paid to, or by, you through the Service within the last six months; or
  • any indirect, incidental, punitive, exemplary, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your access to or use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees, and agents harmless from all allegations, judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (i) Submissions or Content you submit, post or upload to, or transmit through the Service, (ii) your access to or use of the Service, (iii) your violation of this Agreement, (iv) the acts or omissions of your Journal Designee, if any, and (v) any conduct, activity or action which is unlawful or illegal under any state, federal, or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the access to or use of the Service.

Governing Law. This Agreement shall be governed by the laws of the State of Georgia and the Federal Arbitration Act (“FAA”) exclusively and without reference to principles of conflict of laws. The FAA shall supersede state law to the extent inconsistent.

Statute of Limitations. Neither party may assert or raise a cause of action, claim, defense, or counterclaim against the other party arising under this Agreement, more than one (1) year from the date that it accrued, except that a claim by Culpability for amounts due under these Terms may not be asserted or raised more than two (2) years from the date that it accrued.

Alternative Dispute Resolution. The Parties agree that any controversy or claim arising out of or relating to the Service or this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. except that you may assert claims in small claims court if your claims qualify. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address:

Legal Department

Culpability, Inc., dba MyCulpability

1984 Howell Mill Rd NW

Atlanta GA 30325

Costs. The initial filing fee shall be borne by the claimant, and the cost of arbitration shall be shared by both parties, unless the Arbitrator determines that any claim(s) brought by you was/were wholly frivolous or fraudulent. If the case is determined to be frivolous or fraudulent, the claimant shall bear the full cost of the arbitration proceedings.

The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Culpability agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Location. All claims must be submitted to the American Arbitration Association’s Southeast Case Management Center in Atlanta, Georgia, and all arbitration proceedings shall be conducted in Atlanta, Georgia.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Fulton County, Georgia. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN GEORGIA.

Policies for Children

The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

General

Severability. If any provision of this Agreement is found to be unenforceable in any jurisdiction, with respect to that jurisdiction, the remainder of the Agreement shall continue to be valid and enforceable and shall be construed in a manner consistent with the intent of the Agreement. Such prohibition or unenforceability shall not invalidate or render unenforceable the provision(s) in any other jurisdiction.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void; except that your rights under this Agreement shall be assigned to Journal Designee upon your death or incapacity, to the extent described herein.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement, unless such waiver expressly provides to the contrary.

Notice. Notice must be in writing and delivered to the persons and addresses listed below and shall be effective upon receipt. Delivery may be accomplished through the following:

  • Personal delivery with written confirmation; or
  • Registered or certified mail, return receipt requested, with postage prepaid and addressed.

Copies may be faxed or emailed but will not constitute proper Notice.

Legal Department

Culpability, Inc. dba MyCulpability

1984 Howell Mill Rd. NW, Atlanta GA 30325

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Force Majeure. In no event shall we or our Affiliates be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from a force majeure event. These events include, but are not limited to, war, natural disasters, pandemics, “Acts of God,” riots, crime, and any other event that prevents one or both parties from fulfilling their obligations under the contract. 

Entire Agreement. This Agreement, along with any and all other agreements incorporated or into which this Agreement is incorporated by reference, represents the entire understanding between you and us and supersedes any prior agreement or understanding.

You represent that you have carefully read this Agreement in its entirety and fully understand the meaning, intent, and consequences of this Agreement. You represent that you are competent to execute this Agreement, that your decision to execute this Agreement has not been obtained by any duress and that you freely and voluntarily enter into this Agreement. You acknowledge that you have not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set out in this Agreement, made by or on behalf of Culpability prior to the execution of this Agreement.

Copyright Policy

If you believe in good faith that any material posted on our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • Your complete contact information (full name, email, mailing address, and phone number);
  • The complete contact information of the copyright owner (if different);
  • Identification and description of the copyrighted work claimed to have been infringed;
  • information reasonably sufficient to allow us to determine the location of the allegedly infringing material on our Service;
  • A statement that:
    • you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
    • the information in the notification is accurate; and
    • under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid, and we will not be required to take action on it. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent
Culpability, Inc. dba MyCulpability
1984 Howell Mill Rd NW
Atlanta, GA 30325
admin@myculpability.com

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to admin@myculpability.com containing the following information:

  • Your full name, mailing address, email, and phone number;
  • A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
  • Identification of the location of the material on the Site;
  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

Culpability Privacy Policy Statement: Privacy Policy, Terms of Service

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