Curiously, Inc. Terms and Conditions of Use
Updated 10/30/2014
When it comes to love, it's good to be curious... but you don't have to be curious about our terms and conditions. You'll find everything below.
Curiously, Inc. ("Curiously") provides this Internet site and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site evidences your agreement to them, as well as to our Privacy Policy. Please read the following information carefully. If you (hereinafter sometimes the "User") have any questions related to this information, please contact us at [email protected].
By visiting the Curiously Site you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. In order to participate in certain Curiously Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Curiously in which you choose to participate, those additional terms are herby incorporated into this agreement. This website is not intended for users under the age of 18. You must be 18 years or older to use the Services.
Intellectual Property
All text, graphics and multimedia content available from the entry point URL http://www.curiously.com and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of Curiously and/or its affiliates, with the exception of certain URL and content (i.e., widgets) that has been provided by third parties and is labeled as such. All material on this Site is protected by copyrights that are owned or controlled by Curiously or by other parties that have licensed their material to Curiously (or posted to the Site pursuant to a user agreement with Curiously). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"Curiously" and the "Curiously" logo are trademarks and service marks of Curiously, Inc. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Links / Use of Materials
Links to Other Sites: This site may contain links to web sites operated by third parties. Curiously provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. Curiously's inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.
Links to Curiously: Curiously welcomes links to www.Curiously.com. You may not, however, state or imply any sponsorship or endorsement of your site by Curiously, unless you have received our written approval to do so. You may use Curiously logo in order to create a link to Curiously from your web site. This is a limited license to use the Curiously logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that Curiously determines is not an appropriate display or use of Curiously marks. You may not use on your site any Curiously trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the Curiously site into another web site.
Use of Other Curiously Materials: In addition to the limited license to use the Curiously logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without Curiously's express written consent, use them for commercial purposes or public display. (Please see "Commercial Purposes Use" below). You are not permitted to download any other Curiously material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the Curiously materials in any way.
Commercial Purposes Use: Before you use any of the Curiously materials for commercial purposes, you must receive Curiously's express written consent. In order to obtain that consent, please send an e-mail to [email protected] with the following information: (a) your name, position, organization, address and telephone number; (b) the Curiously content, text or graphics you want to use; (c) where, how and when you will be using the materials; (d) to whom the materials will be distributed, in what amount and for what purpose; and (e) other information that will be included with the Curiously material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at Curiously's sole discretion.
If you do use Curiously materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.
Termination of Service
We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON CURIOUSLY'S SYSTEMS MAY NOT BE RETRIEVED LATER.
Content
You alone are responsible for any content or information you enter on your profile and any communication with other users of the Site. Curiously is not the publisher and only provides the channel for Users to publish and/or distribute their personal information.
No responsibility is assumed by Curiously for the publication of any User's information, including pictures published by Users. While it is incumbent on the User to decide on what information the User wishes to make available to other Users or other Internet users, Curiously reserves the right to exercise editorial control over profile and picture content.
Curiously does not verify the accuracy or truth of any information published by Users. Be aware when dealing with other Users.
You may not publish offensive content, including any content that contains offensive language, overtly sexually explicit content (including photographs), or unlawful, threatening, libelous, abusive, harmful, bigoted, racially offensive, obscene or harassing language. Additionally, you may not publish content that encourages criminal behavior, behavior that could result in civil liability or behavior that would otherwise violate any applicable local, state, national or international law or regulation.
The content of your private photos may not contain illegal, inflammatory or grossly obscene material. It will be at Curiously's sole discretion to delete such content. You may not publish content (including photographs) that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18. While Curiously reserves the right to delete or remove content deemed offensive by Curiously, Curiously does not guarantee that offensive material will be removed or deleted. Failure by Curiously to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.
Curiously does not guarantee that user profiles on the web site are of real people. While Curiously encourages all users to enter real and truthful data, and may verify some data, Curiously cannot guarantee that user profiles are completely correct or that they represent real people. Accordingly, you are encouraged to exercise discretion when using the site.
You may not publish content that contains advertising or commercial messages. You may not send messages of a commercial nature to other Users via the site. You may not impersonate any other person or entity.
You may not publish in your profile any personal contact information. This includes but is not restricted to, email addresses, physical addresses, telephone numbers, instant messaging contact details, web site URLs, etc. Personal contact information may be removed by Curiously. If you release private information via a personal message to another user sent through the site, you do so at your own risk. You are encouraged to use discretion when sharing your private information with other users.
By creating a profile you grant Curiously, Inc. permission to publish your profile (including picture) whether accessed by the Internet, digital television, PDA, mobile phone or otherwise.
Curiously reserves the right to be able to use screenshots or similar images of pages featured throughout the service, including the User screen name and photo(s) and use these for general promotional purposes, for example, but not limited to, a corporate brochure, or presentation or screenshot / image. By creating a profile you grant Curiously permission to publish your profile in such a fashion.
Advertising
Curiously reserves the right to use information provided by you and collect information about your activities on the web site in order to deliver tailored and targeted advertisements to you during your use of the web site. Curiously has no control over, nor does it bear any of the responsibility for the privacy policies and/or content of any sites or advertisers linked to or on Curiously's web site, or the cookies these sites might set in your browser.
Submissions / User of Site Communication Tools
By inputting data on the site, you grant (or represent and warrant that the owner of such information grants) Curiously a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information. This site may contain user comments, blogs, polls, pictures, videos, bulletin boards, email, chat rooms, forums or other public posting areas (referred to hereafter collectively as the Site "Communication Tools"). While Curiously may not monitor the message, information, files or data posted on the site or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in Curiously's sole discretion are objectionable, in violation of these Terms of Use, or for any other reason are not acceptable to Curiously.
You agree not to use the Site or the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person's publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person's use and enjoyment of the Site Communication Tools or the Site or another entity's use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that Curiously reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify Curiously and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.
Modifications to Terms and Conditions
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. What constitutes a "material change" shall be at the sole and exclusive discretion of Curiously. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Curiously Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: [email protected].
No Warranties / Limitation of Liability
Curiously intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, Curiously may make changes and improvements to the information provided herein at any time.
CURIOUSLY PROVIDES ITS SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURIOUSLY, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "CURIOUSLY PARTY," AND COLLECTIVELY, THE "CURIOUSLY PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CURIOUSLY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CURIOUSLY MAY PROVIDE TECHNICAL SUPPORT TO ITS USERS TO ASSIST THEM IN USING THE WEB SITE. HOWEVER, SUCH SUPPORT IS PROVIDED AS A COURTESY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTEE OR CHANGE THE "AS IS" NATURE OF THE SITE AS DESCRIBED HEREIN.
IN NO EVENT WILL ANY CURIOUSLY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH CURIOUSLY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CURIOUSLY PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. CURIOUSLY MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE CURIOUSLY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, CURIOUSLY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless, Curiously, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you. Curiously reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Curiously in asserting any available defenses.
Applicable Law / Jurisdiction
This site is created and controlled by Curiously, Inc., a Delaware corporation in the State of New York, United States of America. Curiously makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this site, you and Curiously both agree the laws of the State of New York will govern all matters relating to this site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York and the laws of the United States of America in all disputes arising out of or relating to the use of this site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.
Miscellaneous
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
While use of the Curiously web site is currently free of charge, we do not guarantee that the site will always remain free.
Curiously may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of Curiously to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.
