CURIOUS COMPLEX Terms of Service
Welcome to Curious Complex. The following terms and conditions (the
"Agreement") form a binding agreement between You and us.
Please review the following terms carefully. By using the Site, you
are agreeing to these terms, and these terms will govern your use of
the Site. If you do not agree to these terms, you must cease use of
the Site. The terms "Curious Complex" or "us" or
"we" or "our" refers to Curious Complex Corp.
(also known as Curious and CuriousComplex.com), the owner and
operator of the Site. The term "You" refers to the person
accessing or using the Site, or the company or organization on behalf
of which that person accesses the Site.
Our
Services
Curious Complex is a collection of online marketplaces where you can connect
with people in similar hyper-defined communities who are looking for
and/or selling products or services related to a very specific
interest. In addition, Curious Complex site enables you to have a
profile on multiple Curious Complex category marketplaces using a
single user name and password, to discover new things, sell items you
own, and buy the products and services you are seeking (collectively,
the “Servicesâ€), through our website located at
www.curiouscomplex.com (the “Site†or “Curiousâ€). Please
read the following terms and conditions ("Terms of Service")
carefully. These Terms of Service govern your access to and use of
the Site, including any content, information, products or Services
therein. This is a legal agreement between you and Curious Complex
and applies to you whether you are a registered user of the Site
("Member") or a non-registered user just browsing
(collectively "Curious Complex Users").
By using or even just visiting Curious Complex, you acknowledge your
acceptance of both the Terms of Service as well as the terms and
conditions of our Privacy Policy and Terms of Service by reference.
If you do not agree to all of these terms or conditions then you may
not use Curious Complex.
Curious
Complex may contain links to other websites. Please be aware that we
are not responsible for the practices, privacy policies or the
content of such third-party websites. We encourage our users to read
the terms of service and privacy statements of each and every website
they visit. The ability to access information of third-parties from
Curious Complex, or links to other websites or locations, is for your
convenience and does not signify our endorsement of such
third-parties, their products, their services, other websites,
locations or their content. By using Curious Complex you expressly
relieve us from any and all liability arising from your use of any
third party website.
You
are permitted to use Curious Complex, only if You: (1) Represent that
you are able to form a binding contract in your jurisdiction; (2)
Comply with our Terms of Service; (3) Will not copy or distribute any
part of any part of Curious Complex in any medium without Curious
Complex's prior written authorization except as permitted through
Curious Complex's functionality and under these Terms of Service; (4)
Do not change any part of Curious Complex other than in ways that may
be reasonably necessary for you to use Curious Complex for its
intended purposes; (5) Provide accurate and complete information when
creating an account; (6) Acknowledge you are solely responsible for
the activity that occurs while signed in to or while using Curious
Complex; (7) Don't collect any personally identifiable information,
including full names, physical addresses or e-mail addresses, for
commercial purposes; (8) Acknowledge your sole responsibility for
your content listings, including discussion posts, profile
information and links, pictures, and other such content; (9) Affirm
that you own or have the necessary licenses, rights, permissions, and
consent to use and authorize Curious Complex to use all patent,
trademark, trade secret, copyright or other proprietary rights in and
to any and all listings to enable inclusion and use of the listings
across Curious Complex; (10) Grant each Curious Complex user, whether
using Curious Complex or an application developed via a third-party
developer, a non-exclusive license to access your listings through
Curious Complex and to use, reproduce, distribute, prepare derivative
works of, display and perform such listings as permitted through
Curious Complex's functionality and under these Terms of Service;
(11) Will not submit material that is copyrighted or subject to third
party proprietary rights, including privacy, publicity, trade secret,
etc., unless you are the owner of such rights or have the appropriate
permission from their rightful owner to specifically submit such
materials to Curious Complex; and (12) Affirm we have the right to
determine whether any of your listings are appropriate and complies
with these Terms of Service, remove any and/or all of your listings,
and terminate your account with or without prior notice.
Terms Of Service
Your Account and Curious Complex Profile
You
will need to register by creating an account with us in order to
publish Content on the Site or obtain access to certain services,
including post listings, and buying and selling. If you choose to
create an account or Curious Complex profile with us, you agree to
provide only accurate, complete registration information, and that
you will keep that information up-to-date if it changes. Access to
the Site is not authorized by any other person or entity using your
registration information and you are responsible for preventing such
unauthorized use.
When
you register, you will obtain unique log-in credentials (a "User
ID"). Your access to the Curious Complex Website and services
must be made using your User ID and the issuance of the User ID to
you by CURIOUS COMPLEX does not authorize anyone else to use your
User ID and you are responsible for preventing such unauthorized use.
Individuals and entities who have had their access to the Website or
any of the services previously terminated by CURIOUS COMPLEX may not
register for an account, nor may you designate any of those
individuals to use
You
must understand that Curious Complex relies on User IDs to know
whether users accessing the Site and using our Services are
authorized to do so. If someone accesses our Site using a User ID
that we’ve issued to you, we will rely on that User ID and will
assume that it is really you or your representative who is accessing
the Site. You are solely responsible for any and all access to the
Site or use of the Service by persons using your User ID. Please
notify us immediately if you become aware that your User ID is being
used without authorization.
Rules
Regarding Information and other Content
When
you use the Site, you can publish and obtain access to various kinds
of information and materials, all of which we call “Content.â€
Content also includes information and materials posted to the Site by
you. You agree not to revise Content posted by others, and you agree
not to post or use any Content in any manner that violates our Terms
& Conditions and Privacy Policy including, but not limited to
Content which:
- infringes
the copyright, trademark, trade secret, or other intellectual
property or proprietary right of others,
- violates
the privacy, publicity, or other rights of third parties,
- is
unlawful, defamatory, discriminatory, libelous, pornographic,
obscene, abusive, threatening, harassing, pornographic, hateful, or
encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise
inappropriate, as determined by Curious Complex in its sole
discretion; or
- is
false or inaccurate; or
- could
damage our company, parent company, sister companies, affiliates,
advertisers, or other parties;
You
acknowledge that any information disclosed by you in any Message or
Screen Name (e.g., your name or address) may be used by any third
party, and CURIOUS COMPLEX assumes no liability for such disclosures.
License.
By transmitting any Message or Screen Name, you are granting CURIOUS
COMPLEX a perpetual, royalty-free, non-exclusive, and irrevocable
right and license to reproduce, prepare derivative works based upon,
distribute, perform and display such Message or Screen Name, in whole
or in part, in any form, media or technology known or hereafter
developed.
Message
and Screen Name Review. CURIOUS COMPLEX has the right, but not the
obligation, in its sole discretion, to review, edit or delete any
Message or Screen Name transmitted in any Message Feature that: (i)
violates any term of this Agreement; or (ii) is otherwise illegal,
offensive or inappropriate. Display of any Message or Screen Name in
any Message Feature does not constitute its approval or endorsement
by CURIOUS COMPLEX.
You
acknowledge that transmissions to and from the Website are not
confidential and your Messages may be read or intercepted by others.
You acknowledge that by submitting Messages to the Website, no
confidential, fiduciary, or contractually implied or other
relationship is created between you and CURIOUS COMPLEX other than
pursuant to this Agreement.
Though
we strive to enforce these rules with all of our users, you may be
exposed through the Site or Services to Content that violates our
policies or is otherwise offensive. You use the Site and Services at
your own risk. We may, but are not obligated to, terminate user
accounts and/or remove Content from the Site if we determine or
suspect that those accounts or Content violate the terms of this
Agreement or the applicable agreement with the offending user(s). We
take no responsibility for your exposure to Content on the Site
whether it violates our content policies or not.
If
you provide feedback to us, we may use and disclose such feedback for
any purpose, in accordance with these Terms of Service and our
Privacy Policy. You agree that any such comments and any email we
receive becomes our property. We may use feedback for marketing
purposes or to add to or modify our services without paying any
royalties or other compensation to you.
General
Rules of User Conduct
It
is our goal to make the use of our Site and Services a good
experience for all of our users. You also agree not to do any of the
following:
- Conduct
or promote any illegal activities while using the Site or Services;
- Upload,
distribute or print anything that may be harmful to minors;
- Attempt
to reverse engineer or jeopardize the correct functioning of the
Site, or otherwise attempt to derive the source code of the software
(including the tools, methods, processes, and infrastructure) that
enables or underlies the Site;
- Attempt
to gain access to secured portions of the Site to which You do not
possess access rights;
- Upload
or transmit any form of virus, worm, Trojan horse, or other
malicious code;
- Use
the Site or Services to generate unsolicited email advertisements or
spam;
- Use
any automatic or manual process to search or harvest information
from the Site or Services, or to interfere in any way with the
proper functioning of the Site and Services; or
- Impersonate
another user.
Seller Responsibility
Curious
Complex markets listings and serves as a host and facilitator between
buyers and sellers. The seller is the issuer of the item for sale. As
issuer of the item for sale, the seller shall be fully responsible
for any and all injuries, illnesses, damages, claims, liabilities and
costs suffered by or in respect of a customer, caused in whole or in
part by the seller or its products and services, as well as for any
unclaimed property liability arising from unredeemed or partially
redeemed items for sale.
Promotions
offered by Curious Complex
From
time to time we may offer special promotions, contests and/or
sweepstakes intended to provide you an incentive to register, post a
listing, purchase items or to encourage you to get others to do so.
The applicable rules will be posted on the Website with each such
promotion. The rules will be subject to our interpretation, and you
hereby agree to our interpretation.
Products Available For Sale
The
Website can be accessed from countries around the world. You
understand that some or all items offered on the Website may not be
available for purchase to persons residing in every jurisdiction
throughout the world. Curious Complex reserves the right, in its sole
discretion, to exclude or otherwise limit the provision of a listing
for any product or service to a person residing in certain
jurisdictions. Curious Complex does not represent or warrant that any
product or service promoted on the Website will be available for
purchase by every person.
Prohibited Products
- any good, service, or content that violates the law or legal rights of others
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- spam; miscategorized, overposted, cross-posted, or nonlocal content
- weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
- ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
- US military items not demilitarized in accord with Defense Department policy
- child pornography; bestiality; offers or solicitation of illegal prostitution
- pet sales (re-homing with small adoption fee ok), animal parts, stud service
- food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
- alcohol or tobacco; unpackaged or adulterated food or cosmetics
- prescription drugs, medical devices; controlled substances and related items
- recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
- stolen property, property with serial number removed/altered, burglary tools, etc
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
- postings or email offering, promoting, or linking to unsolicited products or services
Linking
The
Website may contain links to other websites, resources, and sponsors
of the Website. Links to and from the Website to other websites
maintained by third parties, do not constitute an endorsement by
CURIOUS COMPLEX or any affiliate of any third party Web site or
content. CURIOUS COMPLEX is not responsible for the availability of
these third party resources, or their contents. Third-party websites
are subject to their own terms and conditions.
You
may also link listings from Curious Complex to other third-party
websites, including, but not limited to a social networking Website.
CURIOUS COMPLEX is not responsible for your actions in linking
listings from the Curious Complex Website to third-party websites
which do not permit the use of third-party linking. Third-party
websites are subject to their own terms and conditions.
Rights
Ownership
Unless
otherwise indicated, the Website and its design, text, Content,
selection and arrangement of elements, organization, graphics,
design, compilation, magnetic translation, digital conversion and
other matters related to the Website are protected under applicable
copyrights, trademarks and other proprietary (including, but not
limited to, intellectual property) laws, including without limitation
those of the United
States,
and all rights therein are the property of CURIOUS COMPLEX or the
material is included with the permission of the rights owner and is
protected pursuant to applicable copyright and trademark laws.
Neither
the Website, nor any portions thereof, may be used, copied,
reproduced, distributed, republished, downloaded, modified,
displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without our express prior written
permission.
Permission
is hereby granted to the extent necessary to lawfully access and use
the Website and/ or information, materials, products and/or services
available on it to display, download, archive and print in hard copy,
portions of the Website on a temporary basis and for your individual
use only, provided you do not modify the materials and that you
retain any and all copyright and other proprietary notices contained
in the materials.
CURIOUS
COMPLEX neither warrants nor represents that use of Content displayed
on the Website will not infringe rights of third parties not owned by
or affiliated with CURIOUS COMPLEX.
For
Parents Concerning Privacy
CURIOUS COMPLEX does not consider the Website to be of interest to anyone under the age of 14. No person, under the age of 14 may create a valid Account on the Curious Complex Website. If such an account is found to belong to a child under the age of 14, the Account will be suspended.
Transactions Policy
Curious Marketplaces provides a technology platform to facilitate the buying and selling of items. Curious Marketplaces facilitates the actual transactions between a Seller and Buyer, but does not engage in any transfer of money between parties. All transactions on Curious Marketplaces are facilitated by Paypal or Escrow.com between buyer and seller. Because transactions are handled by a third-party, they are eligible for buyer and seller protection policies. For more information about Paypal buyer and seller protection policies, learn more here. For more information about Escrow.com buyer and seller protection policies, learn more here.
FEES
We charge fees for using some services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may and reserve our right to change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for paying all fees in a timely manner with a valid payment method.
You
agree to indemnify and hold Curious Complex harmless from and against
any claim arising out of your failure to do so. If your payment
method fails or your account is past due, we may collect fees owed
using other collection mechanisms. This includes charging other
payment methods on file with us, retaining collection agencies and
legal counsel, and for accounts over 180 days past due, deducting any
amounts owed from your PayPal account balance. In the event we must
initiate and use any collection agency or other agent to collect
amounts owed to Curious Complex, you also agree by using the Site or
the Service that these fees may be deducted by Curious Complex
without notice to you from your PayPal account balance. In the event
legal action must be taken in order to collect any amounts owed by
you for your use of the Site or the Service, you agree to pay any
attorney's fees or costs incurred by Curious Complex in said
collection effort.
Taxes
You
are responsible for applicable sales and other taxes associated with
all orders. Applicable taxes may be charged to you by or on behalf of
a Seller, in which case they may be added to the listed price of the
product or service at the time of purchase, but a Merchant's failure
to levy and collect required taxes does not relieve you of the
responsibility to pay those taxes, if applicable. COMPANY IS IN NO
WAY RESPONSIBLE OR LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ALL
RESPONSIBILITY AND LIABILITY WITH RESPECT TO, ANY APPLICABLE TAXES.
User-Submitted
Content
Content
means anything submitted by any User or Merchant on the Website.
By
submitting Content to be used on the Website, you agree that CURIOUS
COMPLEX may use any such Content attributable to you. You grant the
rights hereunder whether or not your name, voice, or image, or any
quotes attributable to you are used in any manner by CURIOUS COMPLEX
and CURIOUS COMPLEX reserves the right in CURIOUS COMPLEX's sole
discretion NOT to use any submitted content. You grant these rights to CURIOUS COMPLEX worldwide,
irrevocably, royalty-free, with the perpetual right and license to
copy, reproduce, modify, edit, make derivative works, distribute,
publish (publicly or otherwise), display, link to, and otherwise use
the Content in any media for any purpose including but not limited to
publication on the Website, advertising, and other commercial uses in
connection with the Website. You waive all rights related to CURIOUS
COMPLEX's use and release, discharge and hold harmless CURIOUS
COMPLEX, its officers, directors, employees, agents, contractors,
successors and assigns from any claims, causes of action, damages,
costs or expenses of any sort arising out of or connected with the
use of your name, voice, or image, or any quotes attributable to you.
You further understand and agree that online visitors to the Website
may view the Content and may comment on the Content as they see fit
such as in (but not limited to) Deals, contests, or polls.
In
addition and by submitting Content:
- you
certify that you are the original author (or have a written
assignment of all rights from the author) of the submitted Content;
and you are the sole copyright owner of the Content; that you are
the only person depicted in the Content; and you have complete
authority to grant to CURIOUS COMPLEX the rights stated herein.
- you
understand and agree that all Content is subject to review and
editing by CURIOUS COMPLEX prior to any posting or use by CURIOUS
COMPLEX. You further understand and agree that the Content may be
cropped, edited, electronically manipulated or otherwise altered
for use in the Website, without further consent or approval, and
that whether or how the Content is used on the Website is entirely
within CURIOUS COMPLEX's sole discretion. You acknowledge that
CURIOUS COMPLEX reserves the right to remove any Content from the
Website at any time and for any reason at CURIOUS COMPLEX's sole
discretion.
Content
Posted on the Website
All
Content is the sole responsibility of the person from whom such
Content originated. CURIOUS COMPLEX does not control, and is not
responsible for user-submitted Content and that by using the Website,
you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
Website may contain links to other websites, which are completely
independent of CURIOUS COMPLEX. CURIOUS COMPLEX makes no
representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any linked site.
Likewise, CURIOUS COMPLEX makes no representation or warranty as to
the accuracy, completeness or authenticity of the information
contained in any such Content posted on, transmitted through, and
available through the Website. Users of CURIOUS COMPLEX bear all
risks associated with, the use and/or reliance upon any Content,
and/or the representations made therein, and under no circumstances
will CURIOUS COMPLEX be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Website.
You acknowledge that CURIOUS COMPLEX does not pre-screen or approve
Content prior to posting. CURIOUS COMPLEX makes no representations
and/or warranties to any of the claims made in any posting on reviews
and comments, personal profile, listings, postings, descriptions,
messages, group discussions, guides, and message boards or otherwise
of any Content, by any user. And further, as to Content:
- You
understand and agree that CURIOUS COMPLEX may review and delete any
Content that in the sole judgment of CURIOUS COMPLEX violates this
Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of others.
You
are solely responsible for the Content that you publish or display.
- By
posting Content to any public area of CURIOUS COMPLEX, you
automatically grant, and you represent and warrant that you have
the right to grant, to CURIOUS COMPLEX an irrevocable, perpetual,
non- exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute such information and content and
to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize
sublicenses of the foregoing.
- The
following is a partial list of the kind of Content that is illegal
or prohibited on the Website. CURIOUS COMPLEX reserves the right to
investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
Website and terminating the membership of such violators. Any such
Content will be removed by Curious Complex when Curious Complex
becomes aware of such illegal or prohibited Content. Users may flag
potentially violating
content
to aid Curious Complex in removal of illegal or prohibited Content.
It includes Content that:
(1)
is patently offensive to the online community; harasses or advocates
harassment of another person; (2) involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing or
"spamming;" (3) promotes information that you know is
false, misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous; (4) contains
Content that infringes upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or
proprietary right; (5) promotes an illegal or unauthorized copy of
another person's copyrighted work; (6) contains restricted or
password only access pages, or hidden pages or images (those not
linked to or from another accessible page); (7) displays pornographic
or sexually explicit material of any kind; (8) provides material that
exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18; (9) provides
instructional information about illegal activities; (10) solicits
passwords or personal identifying information for commercial or
unlawful purposes from other users; (11) engages in commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes; or
(12) post irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately
large load on our infrastructure.
Even
though all of this is strictly prohibited, there is a small chance
that you might become exposed to such items and you further waive
your right to any damages (from any party) related to such exposure.
- You
must use the Website in a manner consistent with any and all
applicable laws and regulations.
- If
you believe that your Content was improperly removed from the
website, you may prove the legality or validity of the content to
Curious Complex. If the content is proven to be legal and not
otherwise prohibited, the Content may be reinstated.
Intellectual
Property
You
acknowledge and agree that we and our licensors retain ownership of
all intellectual property rights of any kind related to the Website,
including applicable copyrights, trademarks and other proprietary
rights. We are not granting any license to you under any of those
intellectual property rights by virtue of this Agreement, except for
the limited right to use the Website and services in accordance with
this Agreement. Other product and company names that are mentioned on
the Website or provided as part of a Deal offered on the Website may
be trademarks of their respective owners. We reserve all rights that
are not expressly granted to you in this Agreement.
The
Content on Curious Complex, excluding intellectual property owned by
others, is owned or licensed by Curious Complex. This includes,
without limitation, the text, software, scripts, graphics, photos,
sounds, interactive features and the trademarks, service marks and
logos contained therein ("Marks"). The Marks are owned or
licensed
to Curious Complex, subject to copyright and other intellectual
property rights under United States law, the law of the jurisdiction
where you reside, and international conventions. Content provided by
Curious Complex is provided to you "AS IS" for your
information and personal use only and may not be used, copied,
reproduced, modified, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. We reserve all rights not expressly granted in and to the
Website and services.
Copyright
Policy
All
materials and information on the Website, including, without
limitation, the CURIOUS COMPLEX logo, design, text, graphics,
software, other files, and the selection and arrangement thereof are
protected by copyrights that are owned or licensed by CURIOUS
COMPLEX, or otherwise used with permission by CURIOUS COMPLEX.
As
between you and us, you retain any intellectual property rights in
any copyrighted materials and trademarks that are contained in
Content that you post to the Website. You grant us an irrevocable,
perpetual, non-exclusive, royalty-free, fully paid, worldwide
license, with rights to sublicense through multiple levels of
sublicensees, to reproduce, make derivative works of, translate,
distribute, publicly perform and publicly display in any form or
medium, whether now known or later developed, make, use, sell,
import, offer for sale, otherwise commercially exploit and exercise
any and all such rights, under any and all of your intellectual
property rights related to the Content in any manner we choose. If
you have any rights to the Content that cannot be licensed to us
(such as moral rights in some countries), you unconditionally and
irrevocably waive the enforcement of such rights, and all claims and
causes of action of any kind against us or related to our customers
and partners anywhere in the world, with respect to such rights. With
respect to other users, you Grant each Curious Complex user, whether
using Curious Complex or an application developed via a third-party
developer, a non-exclusive license to access your listings through
Curious Complex and to use, reproduce, distribute, prepare derivative
works of, display and perform such listings as permitted through
Curious Complex's functionality and under these Terms of Service.
Copyrights
Notice
You
may not reproduce, perform, create derivative works from, republish,
upload, post, transmit, or distribute in any way whatsoever any
Content from the Website or any other site owned or operated by
CURIOUS COMPLEX without the prior written permission of CURIOUS
COMPLEX. Any modification of the Content, or any portion thereof, or
use of the Content for any other purpose constitutes an infringement
of CURIOUS COMPLEX's copyrights and other proprietary rights. Use of
the Content on any other site or other networked computer environment
is prohibited without prior written permission from CURIOUS COMPLEX.
Without
limiting the foregoing, if you believe that your work has been copied
and posted on the Website in a way that constitutes copyright
infringement, please provide us with the following information:
(1)
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed; (2) Identification of the copyright work claimed to have
been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of
such works at that site; (3) Identification of the material that is
claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material; (4) Information reasonably sufficient to permit us to
contact the complaining party; (5) A notarized statement that the
complaining party has 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 (6) A notarized statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. Please
send any such requests to CURIOUS COMPLEX at: info@Curious
Complex.com
Trademarks
CURIOUS
COMPLEX's trademarks are protected by federal and state law in the
United States and throughout the world, and may not be copied or
imitated.
Third-Party
Disclaimer
The
Website may contain links and/or advertisements to other websites
maintained by us in addition to links to websites maintained by
unrelated companies and persons. An advertisement of, or link to, a
non-CURIOUS COMPLEX website does not mean that we approve, endorse or
accept any responsibility for that website, its content or use, or
the use of products and services made available through such website.
We
are not responsible for the actions, content, accuracy, opinions
expressed, privacy policies, products or services provided through
these links or made available through these resources or appearing in
such websites, nor for any damages or losses, directly or indirectly,
caused or alleged to have been caused as a result of your use or
reliance on such websites.
Such
websites are not investigated, monitored or checked for accuracy,
completeness or conformance with applicable laws and regulations by
us. We do not make any representations whatsoever, or give any
warranties of any kind, expressed, implied, or otherwise about other
websites which you may access through the Website, the content
thereof, or the products and/or services made available through such
websites. If you access these other websites, you do so at your own
risk.
Changes
to Website
The
term "Content" means any and all postings, messages, text,
files, images, photos, video, sounds, or other materials posted on,
transmitted through, and available through the Website. CURIOUS
COMPLEX may change, suspend or discontinue any aspect of the Website
at any time, including the availability of any features, databases,
or Content. CURIOUS COMPLEX also may impose limits on certain
features and services or restrict your access to parts or each of the
Website without notice or liability.
Security
Curious
Complex will use reasonable efforts to maintain the security and
integrity of information you provide to us. However, You acknowledge
and agree that Curious Complex cannot fully eliminate security risks
and cannot guarantee that unauthorized access to your information
will never occur. You agree that you will keep your password for your
Curious Complex account confidential and secure, and that you will
not share it with others.
Termination
We
may change or discontinue the Site or any of the Services at any time
without prior notice. We reserve the right to terminate this
Agreement at our election and for any reason, without prior notice,
and this Agreement will automatically terminate in the event that you
violate any of the terms and conditions set forth below. In the event
of any termination, you will immediately cease access to the Site and
Services.
Data
Protection Consent
By
agreeing to these Terms, you are also agreeing to the terms of our
Privacy Policy. Before using the Website please review these Terms
and the Privacy Policy carefully. Any personal data provided to us as
a result of your use of the Website will be handled in accordance
with our Privacy Policy.
We
reserve the right to monitor your communications with us whether by
mail, voice, fax, e-mail or any other form of transmission for the
purposes of quality control, security and other business needs.
Disclaimers
of Warranty
You
agree that your use of Curious Complex shall be at your sole risk. TO
THE FULLEST EXTENT PERMITTED BY LAW, CURIOUS COMPLEX, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND
ACCESS IS PROVIDED ON AN “AS IS†BASIS. CURIOUS COMPLEX MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CURIOUS COMPLEX. CURIOUS
COMPLEX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH CURIOUS COMPLEX OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CURIOUS COMPLEX WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
Limitations
of Liability
YOU
ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO
THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN
LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT
SHALL CURIOUS COMPLEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF CURIOUS COMPLEX, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH CURIOUS COMPLEX BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CURIOUS COMPLEX, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT CURIOUS COMPLEX SHALL NOT BE LIABLE FOR
USER LISTINGS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. Curious Complex is controlled and offered by
Curious Complex from its facilities in the United States of America
and we make no representations that Curious Complex is appropriate or
available for use in other locations. Those who access or use Curious
Complex from other jurisdictions do so at their own volition and are
responsible for compliance with local law. WE WILL NOT BE LIABLE FOR
ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY
PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY
OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL CURIOUS COMPLEX BE
LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR
OMISSION OF ANY CANDIDATE.
You
indemnify Curious Complex. You agree to defend, indemnify and hold
harmless Curious Complex, its officers, directors, employees and
agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) your use of and access
to Curious Complex; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Listings caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of Curious Complex.
Curious
Complex reserves the right, but has no obligation, to monitor, or
take any action Curious Complex deems appropriate regarding disputes
that you may have with other customers of ours. To the extent the law
permits, you release us from any claims or liability related to any
Content posted on the Site and from claims related to the conduct of
any other customers of ours.
You
hereby waive California Civil Code Section 1542 (and any similar
provision in any other jurisdiction) which states: “A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement
with the debtor.â€
THESE
LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, AND WHETHER OR NOT CURIOUS COMPLEX IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
YOU
AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH
THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE
EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS
UNENFORCEABLE, THE AGGREGATE LIABILITY OF CURIOUS COMPLEX TO YOU FOR
ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED
THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT
WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S.
$100.00).
Indemnity
You
agree to defend, indemnify and hold harmless Curious Complex, its
parent company, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to reasonable attorney's fees) arising from: (i) your use of and
access to Curious Complex; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; or (iv) any claim that any Content submitted by you causes
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of Curious Complex.
Reservation
of Rights and Release
Curious
Complex reserves the right, but has no obligation, to monitor, or
take any action Curious Complex deems appropriate regarding disputes
that you may have with other customers of ours or any Merchants. To
the extent the law permits, you release us from any claims or
liability related to any Content posted on the Website and from any
claims related to the conduct of any other customers of ours or any
Merchants. You hereby waive California Civil Code Section 1542 (if
you are a California resident), and any similar provision in any
other jurisdiction (if you are a resident of such jurisdiction),
which states: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the
time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
Your
Obligations
You
are responsible for providing and maintaining all personal computer
and communications equipment and Internet access accounts necessary
to gain access to the Website.
Electronic
Communications
The
communications between you and Curious Complex use electronic means,
whether you visit the Site or send us emails, or whether Curious
Complex posts notices on the Service or communicates with you via
email. For contractual purposes, you (a) consent to receive
communications from Curious Complex in an electronic form; and (b)
agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Curious Complex provides
to you electronically satisfy any legal requirement that such
communications would satisfy if it were in writing. The foregoing
does not affect your non-waivable rights.
Entire
Understanding
These
Terms (together with our Privacy Policy, which is expressly
incorporated herein) contain the entire understanding between you and
us with respect to use of the Website and no representation,
statement, inducement oral or written, not contained herein shall
bind any party to this agreement.
Severability
And Non-Waiver
Our
failure to enforce any provision of these Terms shall not be deemed a
waiver of such provision nor of the right to enforce such provision,
and a waiver by us of any right under these Terms on any occasion
will not in any way constitute a waiver of such right or any other
right on any other occasion. In the event any provision of these
Terms is determined to be invalid, such invalidity will not affect
the validity of the remaining portions of these Terms, and the
parties will substitute for the invalid provision a provision which
most closely approximates the intent and economic effect of the
invalid provision. These Terms will apply in lieu of and
notwithstanding any specific legend or statement associated with any
particular document or information exchanged.
Changes
to this Agreement
We
may change the terms of this Agreement from time to time on a
going-forward basis, and any such modifications become effective
immediately upon being posted to the Site. It is your sole
responsibility to check the Site from time to time to view any such
changes in the Agreement. If you do not agree to all of the changes,
if and when such changes may be made to the Agreement, you must cease
use of the Site. Your use of the Site after any modifications to the
Agreement indicates that you agree to such modified Agreement.
Contact
Information
If
you have any comments or questions, you may send an e-mail to
info@Curious Complex.com or write to us at: Curious Complex
Corporation, 610 Elm St, McKinney, TX 75069.
Arbitration
For
any claim (excluding claims for injunctive or other equitable relief)
where the total relief sought is less than $10,000, the party seeking
relief may choose binding non-appearance-based arbitration to be
conducted in accordance with the Commercial Arbitration Rules then
prevailing at the American Arbitration Association. The arbitration
shall be conducted before one or more neutral arbitrators mutually
agreed upon by you and Curious Complex in Texas in the United States
of America, in accordance with the Commercial Arbitration Rules of
the American Arbitration Association then in effect. The prevailing
party shall be entitled to all reasonable attorney's fees and costs
resulting from arbitration that is brought by any party. The
arbitration must be conducted via only a combination of phone, the
Internet and written submissions (the party initiating arbitration
may select the specific manner); the arbitration shall not involve
personal appearance by the parties or witnesses unless otherwise
mutually agreed; and the arbitrator's judgment may be entered in any
court of competent jurisdiction.
Law
& Jurisdiction
These
Terms shall be subject to, governed by and construed under the laws
of the State of Texas in the United States of America. Your access
to, or use of, the Website or information, materials, products and/or
services on the Website may be prohibited by law in certain countries
or jurisdictions. You are responsible for compliance with any
applicable laws of the country from which you are accessing the
Website.
You
hereby consent and waive all objection to the exclusive jurisdiction
of the federal and state courts in the State of Texas and venue
therein to resolve any controversy or claim of whatever nature
arising out of or relating to use of the Website. However, we retain
the right to bring legal proceedings in any jurisdiction where we
believe that infringement of this agreement is taking place or
originating.
General
Terms
You
and we are independent contractors, and nothing in this Agreement
creates a partnership, employment relationship or agency. There are
no third-party beneficiaries of this Agreement. You may not assign
this Agreement, in whole or in part, to any third party without our
prior, written consent, and any attempt by you to do so will be
invalid. Should any part of this Agreement be held invalid or
unenforceable, that portion will be construed consistent with
applicable law and the remaining portions will remain in full force
and effect. Our failure to enforce any provision of this Agreement
will not be considered a waiver of the right to enforce such
provision. Our rights under this Agreement will survive any
termination of this Agreement.
These
Terms of Service, together with the Privacy Notice at and any other
legal notices published by Curious Complex on Curious Complex, shall
constitute the entire agreement between you and Curious Complex
concerning Curious Complex.
YOU
AND CURIOUS COMPLEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO CURIOUS COMPLEX MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
You
are legally able to accept these Terms of Service. You affirm that
you are either more than 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of
Service. And as stated in the first point of Section 3, you affirm
that you are able to form a binding contract in your jurisdiction. If
you aren't, you must please leave Curious Complex.