License Terms Privacy

TERMS OF USE POLICY

Please Read Before Using Our Website

This website is operated by Culturally Delicious Magazine. Throughout the website, the terms “we”, “us” and “our” refer to Culturally Delicious Magazine. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms of use (“Terms of Service,” “License Agreement,” “Returns Policy”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service apply to all users of this website, including without limitation, users who are robots, browsers, vendors, customers, merchants, and/or contributors of content.

Please read the Terms of Use policy carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If the Terms of Use policy is considered an offer, acceptance is expressly limited to this agreement.

Any new features or tools which are added to the current website shall also be subject to the Terms of Use policy. You can review the most current version of this agreement at any time on this page. We reserve the right to update, change or replace any part of the Terms of Use policy by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Who owns the contents of the CulturallyDelicious.com website?

  • Paul Baidoa

Prohibited / Restricted Uses

You do not have permission to use Culturally Delicious files:

  • for logos or trademarks
  • for pornographic, obscene or libelous works
  • for anything unlawful or defamatory
  • in anything unflattering or unduly controversial
  • in any way that allows others to download, extract or redistribute
  • you are prohibited from removing any watermark, artist signature, copyright or metadata notices contained in any Culturally Delicious file
  • you are prohibited from stockpiling downloads; you must use your downloaded file in a project within 30 days of the download
  • you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit; this includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
  • you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates)
  • you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license or reverse engineer our website or any Culturally Delicious content
  • you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with our website or any Culturally Delicious content

 

LICENSE AGREEMENTS

Culturally Delicious provides two License Agreements for our customers:

  • Standard License
  • Resale License

Standard License for Single Use

 
When you download a file on Culturally Delicious –

  • you are allowed to use our downloaded files for personal single use only (e-cards, wallpaper for personal desktop/cellphone; see “Prohibited / Restricted Uses”)

 

Resale License for Multi-Use

 

For the Resale License, please use our “Contact Us” form. Fill-in all boxes and in the “Message” box state the name of your company and how you will use our image files. We will contact you within 24 hours.

When you download a file on Culturally Delicious –

  • you are allowed to use our files for advertising, marketing, websites and presentations
  • you do not have exclusive rights to use our files; Culturally Delicious can license the same content to other customers
  • if you are a subcontractor purchasing on behalf of your employer or client for a project, then your employer or client can use our files; and you represent/warrant that you have full legal authority to bind your employer or client to our Terms of Use and License Agreement. If you do not have that authority, then your employer or client may not use our files. In addition, subcontractors may not use our files for any other purpose/project
  • you agree to use our files in accordance with our Terms of Use policy outlined on this page

Do I need to include a photo/image credit for use of Culturally Delicious images?

  • Yes

For example:

  • Advertising, marketing, social media and presentations, the buyer/user of our files must include the following credit adjacent to the content or in visual production credits: “Photo Credit: Culturally Delicious Magazine”
  • On websites, the buyer/user of our files must include the following credit in their “Terms of Service/Use,” agreement: “Photo Credit: Culturally Delicious Magazine”

 

Assignment
This agreement is personal to you and is not assignable by you without Culturally Delicious Magazine’s prior written consent. Culturally Delicious Magazine may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

Audit/Certificate of Compliance
Upon reasonable notice, you agree to provide to Culturally Delicious Magazine sample copies of projects or end uses that contain licensed content, including by providing Culturally Delicious Magazine with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Culturally Delicious Magazine may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to Culturally Delicious Magazine of five percent (5%) or more of the amount you should have paid, then in addition to paying Culturally Delicious Magazine the amount of the underpayment, you also agree to reimburse Culturally Delicious Magazine for the costs of conducting the audit. Where Culturally Delicious Magazine reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at Culturally Delicious Magazine’s request, to provide a Certificate of Compliance signed by an officer of your company, in a form to be approved by Culturally Delicious Magazine.

Electronic Storage
You agree to retain the copyright symbol, the name of Culturally Delicious Magazine, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.

User Accounts
You will be responsible for tracking all activity for your user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Culturally Delicious Magazine immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under your user account.

SECTION 1 – ONLINE STORE TERMS

By agreeing to our Terms of Use policy, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms of Use policy.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Statement.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use policy, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Culturally Delicious Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Culturally Delicious Magazine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms of Use policy or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of the Terms of Use policy is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Use policy, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
This Terms of Use policy is effective unless and until terminated by either you or us. You may terminate our Terms of Use policy at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of our Terms of Use policy, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of our Terms of Use policy shall not constitute a waiver of such right or provision.
The Terms of Use policy or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use policy).
Any ambiguities in the interpretation of the Terms of Use policy shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

The Terms of Use policy and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Marin County, California.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Use policy at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of this agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to the Terms of Use policy constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Use policy should be addressed to us by using our “Contact Us” form.

All rights not expressly granted in this agreement are reserved by Culturally Delicious Magazine.

 

RETURNS POLICY

Our digital downloaded files cannot be returned or exchanged. We do not provide refunds for digital downloaded files. If you believe that the image that you purchased was not delivered to you, please notify us within 24 hours by using our “Contact Us” form. Fill-in all the boxes and in the “Message” box describe what happened when you placed your order and include your name, what you purchased, the amount of your order, the last four numbers of your credit card and your email address.

Our wall art, posters, clothing, handbags and coffee mugs, if damaged or not received, please notify us within 24 hours by using our “Contact Us” form. Fill-in all the boxes and in the “Message” box describe what damaged occurred during delivery and include your name, what you purchased, the amount of your order, the last four numbers of your credit card and your email address.

 

PRIVACY STATEMENT

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
We may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order and arrange for delivery, we imply that you consent to our collecting it and using it to keep you updated about our store and new products.
WE DO NOT SHARE YOUR INFORMATION WITH ANY THIRD PARTY ENTITIES.

How do I withdraw my consent?
You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by notifying us through our “Contact Us” form.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Use policy.

 

SECTION 4 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by our Privacy Statement or our website’s Terms of Use policy.

Links
When you click on links on our store, they may direct you away from our website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.

SECTION 5 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

SECTION 6 – AGE OF CONSENT

By using this website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

SECTION 7 – CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to modify this privacy statement at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this statement, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information about our policies, please use our “Contact Us” form. Fill-in all boxes and in the “Message” box state your request.