You own and control what you share on Curately – and we want your experience to be perfect.
We do ask that you to treat our service and Curately community with respect. Spam, viruses, and abusive content don’t belong on the web, and certainly not on Curately. If you come across anything on Curately that may violate our policies, please report it to us.
The purpose of this website, curate.ly (the “Site”), owned and operated by Piccing, Inc. (“Piccing”), a California corporation, is to provide a web publishing service. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions.
Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
Curately reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting revisions to the Site. Your continued use of the Site after such time will constitute your acceptance of such changes or modifications. We recommend reviewing the Terms and any policies and documents incorporated in them in order to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please contact us. The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
Basically, if you don’t agree to the terms and conditions below, don’t use Curately.
- Registration Data; Account Security
If you register for a profile on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site profile.
Your Curately profile is an extension of you, keep the details accurate and honest, and protect your password.
- Fees; Charges; Taxes
We do not charge any fees for the private use of the Site.
Curately is free for your own private use.
- Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, videos, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. User Content is that User’s property. Curately’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 15 of these Terms.
Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of Curately or its licensors, and is protected by Californian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by Curately.
Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
The content and photos you upload are yours, keep it clean, or we will remove it. Trademarks, logos and the rest are property of Curately.
- Your Limited License of Your User Content to Curately
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. For example, if you post or tag photos, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Site, you (a) grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site, as described in Section 5 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site.
The images and content you upload are yours, but will available for view to others on Curately and its partners. Keep your content clean or it will be removed.
- Our Limited License of Content to You
Curately grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Curately at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Curately at the address set out at the bottom of these Terms.
View, copy and print portions of the content for your own use, but don’t mess with our website, logos or hack anything on the site.
- Use of the Site
The Site contains areas accessible to the public or registered Users in which you or third parties may post images or other content, messages, materials or other items (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any area of the Site accessible to other Users will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Curately, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Curately or its affiliates or its users to any harm or liability of any type.
You also may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Don’t spam, hack or do anything else unsavoury on Curately. Keep your Curately record like your life: clean.
- Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Curately does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Curately provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Curately’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Curately accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Curately links you to other sites so that there’s more to explore. Many of the links will be generated by other users, whose every action we cannot track, so browse with caution. We will try to keep everything as clean as we can, but if we’ve missed something, please report it to us.
- Advertisements and Promotions
Curately may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Curately, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Curately is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
We want to create the best user experience for you, but we also need to make money, so there will be advertisements. If you click on the ads you see, that is your prerogative and your responsibility.
- Warranty Disclaimer
The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from Curately of any kind, either express or implied. Curately expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Curately does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.
While Curately attempts to make your access to and use of the Site safe, Curately does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
We are keeping Curately as cool and clean as possible, but forgive us if there are errors sometimes. We are human too.
- Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Curately, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk. Without limitation of the foregoing, neither Curately nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Curately or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Curately or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Curately, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Curately and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
Use the site at your own risk. Again, we will make sure to keep it as wonderful as possible, but Curately cannot be held responsible for any problems that arise from your content sharing.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
You signed up, this means we are allowed to contact you but no, we won’t spam you.
- Applicable Law and Venue
The Site is controlled by Curately and operated by it from it’s offices in San Francisco, California. You and Curately both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Curately explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Curately related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Curately. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your E-mail address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the State of California.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in San Francisco, California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than San Francisco, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Curately and the other Released Parties for your failure to comply with any such laws.
Curately was founded in California, so any legal disputes fall within jurisdiction of the state of California. Simple as that.
- Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Curately reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
If you break the rules, you won’t be allowed to use Curately.
- Termination of Agreement
You and Curately may terminate these Terms and your use of the Site at any time. When your Curately account is terminated, any images you have uploaded to the Site may remain on the Site. The license you grant to us in Section 5 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our business purposes.
If these Terms expire or terminate for any reason, Sections 4, 10, 11, 13, 15 and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.
If you close or delete your Curately account, your images and former account details may remain on Curately for our business records.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Curately may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Curately, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Curately regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Curately regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
All paragraphs above are our terms and they’re written in English.
- Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us by E-Mail or post:
Curately by Piccing Inc.
149 Commonwealth Drive
Not quite sure about something? Feel free to contact us.