Terms of Use

Last updated: January 2019

1  IMPORTANT INTRODUCTION

These are the terms and conditions of use (“Terms”) that apply to the use of the Curationist website (“Website”), found at [insert URL] by end users (each referred to as a “User,” “you” or “your”). The Website is controlled and offered by MHz Foundation, Inc. (referred to as “Curationist,” “we,” “us,” or “our”) from its facilities in the United States of America. By accessing the Website you agree to be bound by: (i) these Terms; and (ii) Curationist’s Privacy Policy, found [here] and incorporated herein by reference. If you do not agree to these Terms and/or the Privacy Policy then you are not entitled to enter or use this Website. We may change these Terms from time to time in our sole discretion, and you agree to be bound by such changes. You should periodically review this site for such changes. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.

You may only use the Website for your personal and non-commercial use.

The Website is intended primarily for a US-based audience; Curationist does not offer services to any person in the European Union. By using the Website, each User warrants and represents that he or she is not located within the European Union or any jurisdiction outside of the United States whose privacy laws would purport to govern the services offered through the Website.

2  GRANT OF LICENSE

User acknowledges that all materials available on the Website are owned by third parties and are used by Curationist on the basis of a Creative Commons license or other type of license, as applicable. These Terms provide the User, with a personal, revocable, nonexclusive, nontransferable license to use this Website and materials located thereon, solely for personal, noncommercial use (the “User License”), solely to the extent that Curationist has the right to grant such User License. You acknowledge that: a) the User License is subject to your continued compliance with these Terms and to the terms of any Creative Commons or other license that forms the basis for Curationist’s use of the relevant materials. You acknowledge and agree that it is your sole responsibility to determine the nature of and to comply with the applicable license before using any materials under this User License. (More information about Creative Commons licensing is available at creativecommons.org.)

Except as otherwise expressly permitted by the applicable license, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website.

Curationist may permit you to use certain applications for limited purposes such as using the embeddable media player to show videos on your blog or web site for noncommercial purposes. You may not modify, build upon, or block any portion of the embeddable media player in any way. As a further condition of use of this Website, all Users warrant to Curationist that they will not use this Website for any purpose that is unlawful; prohibited by any applicable regulation; or otherwise inconsistent with these Terms.

3  USER ACCOUNTS

In order to use some parts of the Website, you may need to create an account, which you can do via a number of social network accounts or with an email address and secure password. Each User must use only his or her own account and must never use another User’s account. We shall be entitled to rely on the accuracy of all information that you provide when you create your account with us. You are solely responsible for the security of your login credentials and for all activity that occurs on your account regardless of whether you know about such activity and agree not to allow any third-party use of your account. You must notify us immediately if you are aware of any unauthorized use of your account.

The Website is not directed to children, and Curationist does not knowingly collect personal information from any child. By creating an account un Curationist, the User represents and warrants that he or she is at least 13 years of age.

4  USER SUBMISSIONS

We may now or in the future allow Users to submit through the Website videos and/or other communications such as ideas, suggestions, information, know-how, materials or any other content generated by Users (collectively “User Submissions” and each a “User Submission”).

User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.

One type of User Submission is a review, which is your description of the experience you had at a restaurant, event, bar, venue, attraction or exhibition (“Review”). We encourage Reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.

By submitting a Review to the Website you represent and warrant that the Review is based on your own independent experience as an individual; is not written on behalf of any institution, entity or organization; is your genuine opinion; you have no personal or business relationship with the person(s) or organization(s) that is the subject of your Review; and that you have not been offered any incentive or payment to write your Review.

You acknowledge and agree that Curationist has a zero-tolerance policy on fake Reviews, which will be removed immediately upon being identified as such.

Helpful reviews should:

  1. a) Be User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that may not meet community standards
  2. b) Detail first-hand experiences.
  3. c) Be unique – You should write one Review on any given event, restaurant, or attraction.
  4. d) Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
  5. e) Non-commercial – No promotional material of any kind, including self-promotional URLs.
  6. f) Submitted by persons over the age of 13
  7. g) Submitted with a valid e-mail address
  8. h) Submitted with no HTML tags and no excessive ALL CAPS, slang, or typographic symbols.

By submitting User Submissions to the Website you hereby grant:

(a) to Curationist a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display any such User Submission alone or as part of other works in any form, media, or technology now known or hereafter developed, without additional approval or consideration, and to sublicense such rights through multiple tiers of sub-licensees; and

(b) to each User of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Website.

By submitting User Submissions to the Website you warrant and represent that you have full power and authority to grant the rights and licenses set out in these Terms and relating to the User Submissions, and that the User Submissions you submit:

(i) are original and do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademark rights), other proprietary rights, or rights of publicity or privacy; and

(ii) do not violate any law, statute, ordinance or regulation; and

(iii) are not defamatory, libelous, unlawfully threatening or unlawfully harassing; and

(iv) are not obscene or pornographic; and

(v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising; and

(vi) do not include e-mail addresses, urls, phone numbers or any other personally identifiable information; and

(vii) are not a report of someone else’s experience.

We do not endorse any User Submission, including any Review, or any opinion, recommendation, or advice expressed therein, and we do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to reject or  remove any User Submission, including any Review, without notice for any reason at any time, in our sole and absolute discretion, including without limitation, for breach of these Terms or infringement of any intellectual property rights.

If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.

We expressly disclaim any and all liability in connection with User Submissions, including all warranties, whether express or implied, to the fullest extent of the law. You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

We encourage you to share your opinion about a feature we’ve written or a Review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive – whether or not you agree with that opinion—provided your comments comply with the guidelines herein.

5  NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to accept all communications from Curationist regarding use of the Website at the addresses you provide to Curationist. Curationist is entitled to rely on the e-mail address and mailing address that you last provided to us. You hereby waive all claims resulting from failure to receive communications because of changes in your e-mail address or mailing address not communicated to Curationist. You agree to be bound by any affirmance, assent or agreement you transmit through the Website. You agree that, when in the future you visit the Website, your agreement or consent to these Terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.

6  INTELLECTUAL PROPERTY RIGHTS

All material contained on this Website, unless otherwise indicated, may be protected by applicable law, including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided for in this Agreement, nothing contained on this Website shall be construed as granting a license or other rights to you in any intellectual property of Curationist or any third party. The software and other technology components of this Website are all proprietary Curationist technology. All other trademarks, names, logos, and icons identifying Curationist or Curationist’s goods or services are proprietary marks of Curationist or its affiliates. Removing or altering the copyright notice and any other proprietary notice on any material on this Website is strictly prohibited.

7  PRIVACY POLICY

Please see Curationist’s Privacy Policy for a summary of Curationist’s practices regarding the collection and use of personal information. The Privacy Policy is expressly incorporated into these Terms by reference as if fully set forth herein.

8  COMPLIANCE WITH APPLICABLE LAWS

Your access to and use of this Website is governed by all applicable federal, state and local laws.

9  CODE OF CONDUCT

You may not, nor may you allow others to, directly or indirectly, do any of the following:

(a) Attempt to or actually disrupt, impair or interfere with the operation of, alter or modify the Website or any content. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Website, or attempting to do so.

(b) Collect or attempt to collect any information about other Users, including, but not limited to passwords, account or other information.

(c) Restrict or inhibit any other authorized user from using and enjoying the Website. This includes, without limitation (i) using, or attempting to use, any other User’s account or (ii) obtaining or soliciting another user’s password or other personal information under false pretenses.

(d) Post, store, or transmit any knowingly inaccurate or misleading personal information.

(e) Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Curationist in its sole and absolute discretion) information or material.

(f) Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

(g) Post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.

(h) Except as expressly permitted herein or on the Website, modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Website.

(i) Post, store, or transmit materials in violation of a third party’s copyright or other intellectual property contractual or proprietary rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party’s rights.

(j) Use the Website for any unlawful purpose.

10  ASSUMPTION OF RISK

Use of this Website is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Curationist has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly, you release Curationist and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns and agree not to hold those parties responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Website and must make his or her own determination as to these matters.

11  LAW ENFORCEMENT

Curationist reserves the right to view, monitor, and record activity on the Website without further notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Curationist will also comply with all court orders involving requests for such information.

12  LINKS TO OTHER WEBSITES

Curationist may offer links to third-party web sites that may offer various products, services, and/or information, which Users may access at their sole risk. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Curationist cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. Curationist does not endorse any of the products or services offered in any third-party web sites. Further, Curationist has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.

13  EVENTS BEYOND CURATIONIST’S CONTROL

Users expressly absolve and release Curationist from any claim of harm resulting from a cause beyond Curationist’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, governmental restrictions, or acts of God.

14  DISCLAIMERS

WHILE CURATIONIST ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, CURATIONIST MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF USING, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE. CURATIONIST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

15  LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, CURATIONIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAY OR INABILITY TO USE THIS WEBSITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CURATIONIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CURATIONIST’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS WEBSITE SHALL NOT EXCEED $100.

16  INDEMNITY

You agree to defend, indemnify, and hold harmless Curationist and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of and access to the Website; (ii) any breach by you of these Terms; (iii) your violation of any law, regulation or third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content and User Submissions caused damage to a thirty-party. This defense and indemnification obligation will survive these Terms and your use of the Website. You shall not in any event settle any matter without the prior written consent of Curationist to be withheld at Curationist’s sole discretion.

17  WEBSITE ACCESS AND TERMINATION

This Website is controlled and operated by Curationist from its offices within the United States. Curationist makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited. Those who choose to access this Website from other locations do so of their own volition and are responsible for compliance with applicable local laws. Curationist reserves the right at any time and for any reason to deny you access to the Website and to terminate this Agreement.

18  DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Curationist reserves the right to remove any material on the Website which allegedly infringes a third party’s copyright.  It is Curationist’s policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on our Website and associated services.  You can send a DMCA take down notice, including all elements required by law, to the Curationist Copyright Agent (designated as such pursuant to the DMCA) named below.

COPYRIGHT AGENT FOR COPYRIGHT NOTICES ONLY SHOULD BE DIRECTED BY EMAIL:

Curationist Legal Department
Email: legal@curationist.org

Non-copyright matters will not be addressed by the copyright agent.

19  GOVERNING LAW & VENUE

These Terms will be construed and enforced in accordance with the laws of the Commonwealth of Virginia without respect to its conflict of laws principles. You hereby consent to the jurisdiction of and venue in any federal or state court of competent jurisdiction located within the city of Richmond, Virginia, for adjudication of any and all disputes or actions arising out of or related to these Terms.

20  WAIVER

No waiver by Curationist of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

21  SEVERABILITY

If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

22  RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between a User and Curationist as a result of these Terms or User’s use of this Website.

23  ENTIRE AGREEMENT

These Terms, together with the Curationist Privacy Policy, which is hereby incorporated as if set forth fully herein, represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and Curationist with respect to this Website. In accepting these terms, you acknowledge that you are not entitled to rely on any representation that is not expressly included herein. Any rights not expressly granted herein are expressly reserved.

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