Last Revised: November 17, 2022
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
ACCOUNT CREATION AND PASSWORDS
To access certain portions of the Services, you may need to create an account. You agree to provide truthful and accurate information when submitting information to Curacity. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Services. You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT
Some features of our Services, either now or in the future, may allow you to post or submit communications and content (“Your Content”). You own any intellectual property rights to Your Content, but you automatically grant, or warrant that you and/or the owner of such content has expressly granted Company a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.
Notwithstanding the foregoing paragraph, if you are an influencer that has contracted with Curacity to render services in connection with the Curacity Hotel Affiliate Social Media Amplification Program (the “Program”), the intellectual property in and to content that you create in connection with the Program shall be governed by the relevant provisions of the Curacity Social Terms & Conditions, found here [hyperlink].
Your Content shall not be deemed confidential and Company shall not have any obligation to keep any such material confidential. Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
GENERAL USER CONDUCT
You understand that the Services are available for your personal use only. You further agree not to use the Services in any manner that:
You agree that Curacity shall have the right—but not the obligation—to monitor, evaluate, and analyze any use of and access to the Services and/or and to remove any of Your Content from the Services, for any reason, including to determine and/or address non-compliance with these Terms.
Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving the Services.
Without the prior written permission of Company, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Services, or incorporate any intellectual property of the Services, Company or any of its licensors into another website or other service.
CLAIMS OF COPYRIGHT INFRINGEMENT
We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Site, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: [insert physical address] (mail); [insert phone number] (telephone); [insert email] (email).
To be effective, the notification must be a written communication that includes the following:
When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Site, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.
TERMINATION AND MODIFICATION OF THESE TERMS AND THE SERVICES
More generally, we reserve the right, at our sole discretion and at any time, to immediately modify or discontinue the Services (or any part thereof), on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that Company will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services.
PROPRIETARY RIGHTS IN THE SERVICES
You acknowledge and agree that the Services and all of their features, including without limitation designs, text, graphics, pictures, video, information, logos, button icons, data compilations and the design, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Curacity Content”), is the exclusive property of Company, its providers, users or its licensors with all rights reserved. Curacity Content is protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without prior written consent. Except as otherwise expressly stated herein, no Curacity Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, licensed, or sold in any form or by any means, in whole or in part, without Company’s or any applicable third party suppliers’ prior written permission. Any unauthorized use of Curacity Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
THIRD PARTY SITES
This Services may contain links to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Site or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and Company assumes no responsibility for any Third Party Sites or Content. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on Third Party Sites or Content. Please review the polices applicable to Third Party Sites or Content to better understand the terms applicable to your use of such sites or content.
DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICES AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING TO THE CURRENCY, COMPLETENESS, CONTENT, OR ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or Services or a combination thereof, including injury or damage to your or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Services, content posted on or through the Services or transmitted to Users, or any interactions between users of the Services, whether online or offline.
FURTHER, COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY THAT THE SERVICES OR ANY ASPECT THEREOF ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTIES REGARDING THE RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, NEITHER COMPANY, NOR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, AND PUNITIVE OR OTHERWISE, OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IN ADDITION, WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF COMPANY, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICES, ITS SERVERS, OR THE CURACITY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES AND THE CURACITY CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR PROPERTY, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Notwithstanding the foregoing, in lieu of arbitration either you or Company may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
CHOICE OF LAW AND FORUM
Except for Disputes or claims properly lodged in a small claims court in the United States, You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any Dispute not subject to the arbitration provision discussed above. You agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
NOTICE TO CALIFORNIA RESIDENTS. You may reach Company at the contact information provided below in the “CONTACTING US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
594 Broadway, Suite 1202
New York, NY 10012
© Curacity 2022