Curve Wire Terms of Use Agreement
CurveWire.com is an Internet website owned and operated by Cure Wire, Inc., a California corporation (CurveWire.com and Curve Wire, Inc. are collectively referred to herein as “Curve Wire”). The following are the terms and conditions for the use, access and visitation of the Curve Wire website by third party users who are oftentimes referred to herein as “you”, and the terms and conditions stated herein are referred to as the Terms of Use Agreement and such Terms of Use Agreement is referred to herein as the “Agreement”.
1. Consent to Terms of Use. By using, accessing and visiting Curve Wire website, you are acknowledging, accepting and agreeing that you have reviewed and understand this Agreement and agree and consent to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you are not permitted to use the Curve Wire website.
2. Agreement. This Agreement may be amended and/or modified at any time by Curve Wire upon posting of the amended and/or modified agreement on Curve Wire website. Any such amendments or modifications shall be effective immediately. You can view the most recent version of the Agreement at any time on Curve Wire website. Each use by you of the Curve Wire website shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Privacy. Your use, access and visit to the Curve Wire website and the information you provide to us in connection with your use of the Curve Wire website is, in addition to this Agreement, also governed by our Privacy Policy and such Privacy Policy is considered a part hereof and incorporated herein. Please review our Privacy Policy by clicking on the Privacy Policy link on the Curve Wire website’s home page.
4. Website Use. Curve Wire grants you a limited, revocable, nonexclusive license to use the Curve Wire website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the Curve Wire Property on the Curve Wire website, reverse engineer or break into the Curve Wire website, or use the Curve Wire Property, materials, products or services in violation of any law. The use of the Curve Wire website is at the discretion of Curve Wire and Curve Wire may terminate your use of the Curve Wire website at any time for any reason or no reason whatsoever.
5. Use of Content and Information. Curve Wire has the right, and you authorize, consent and agree to, Curve Wire’s unlimited use of any and all information, content, data, photos, videos, podcasts, audio, all other media, property, materials and/or any other items posted or published by you (whether pertaining to you personally or some other third party) on the Curve Wire website and/or provided by you to Curve Wire in connection with your use of the Curve Wire website (collectively, “User Content”). You hereby grant Curve Wire a payment free, irrevocable, perpetual, non-exclusive, transferrable, sub-licensable, worldwide license to use, copy, modify, exploit and sell such User Content in any and all manner or media whatsoever for the sole benefit of Curve Wire. Curve Wire has the right to remove and/or delete any User Content from the Curve Wire website, with or without cause, for any reason or no reason whatsoever.
6. Removal of Content. If you remove and/or delete the User Content from the Curve Wire website, you acknowledge and understand that such deleted and/or removed User Content may continue to be located on the Curve Wire website and/or its servers and/or related search engines and/or other similarly related devices and software for a period of time beyond the time and date of your removal and/or deletion of the User Content.
7. User Content Posted on Curve Wire.
(a) You represent, acknowledge and agree that in connection with the User Content that you post and/or provide on the Curve Wire website you shall have the legal right and/or legal consent from the appropriate party to post or publish such User Content on Curve Wire and such User Content shall not infringe on the rights of any third party and shall not be in breach of or be in conflict with any other agreement entered into by you with any other third party, either orally or in writing.
(b) You represent, acknowledge and agree that the User Content that you post or publish on the Curve Wire website is permitted to be copied and published on Curve Wire and viewed by Curve Wire, as well as to be viewed by all third party users visiting the Curve Wire website. Additionally, Curve Wire has no obligation or duty whatsoever to protect or preserve your User Content on the Curve Wire website from the use and/or infringement by third parties.
(c) You represent, acknowledge and agree that the User Content that you publish or post on Curve Wire will be truthful and will not be libelous or defamatory towards any third parties. You and acknowledge and agree that Curve Wire will not be held legally responsible to you and/or any third parties for any User Content that you post on the Curve Wire website and you agree to hold harmless and indemnify Curve Wire from any such third party claims related to your publishing or posting of User Content on Curve Wire.
(d) You acknowledge and agree that you will not post advertisements or general commercial solicitations, including but not limited to “spam”, on the Curve Wire website, nor engage in unlawful marketing schemes. You agree that you will not send unauthorized, unsolicited or unlawful e-mail invitations or messages to other users on Curve Wire.
(e) You acknowledge and agree that you will not collect either Curve Wire’s or other Curve Wire users' content or information using automated devices or software, including but not limited to spiders, robots, harvesting bots, scrapers, spyware or cookies, or even without such devices or software, for commercial purposes.
(f) You acknowledge and agree that you will not upload any viruses or any other harmful software or devices to the Curve Wire website, and agree that you will not do anything that will damage, disable or impair the operation of the Curve Wire website.
(g) You acknowledge and agree that you will not harass any other users of the Curve Wire website and will not engage in any unlawful activity on or in connection with the Curve Wire website.
(h) You acknowledge and agree that you will not post or publish on Curve any content or information on Curve Wire that includes any nudity, pornography, graphic, hateful, threatening or discriminatory content or information or content or information that contains gratuitous violence and/or incites violence. Furthermore, you will not post any alcohol-related information or other related mature content on Curve Wire.
(i) You acknowledge and agree that if your account is terminated by Curve Wire, you will not create a new account.
(j) You agree that you will keep your User Content truthful, accurate and current.
8. Feedback, Comments and Suggestions. Any comments, feedback and/or suggestions provided or submitted by you to Curve Wire may be used by Curve Wire in any and all manner whatsoever without any compensation to you or reference or credit to you.
9. Ownership; Proprietary Rights, Copyrights. All content (including but not limited to, text, graphics, logos, icons, audio clips or digital downloads), software and other related items provided by Curve Wire and included on or in the Curve Wire website (collectively, “Curve Wire Property”) is and shall continue to be the sole and exclusive property of Curve Wire and is protected for Curve Wire’s benefit pursuant to the applicable copyright, patent, trademark and other proprietary rights and laws. Any copying, redistribution, use or publication by you of any such Curve Wire Property or any part of the Curve Wire website is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any of the Curve Wire Property by or through your use of the Curve Wire website.
10. Trademarks. Curve Wire, the slogan “Define Your City” and other marks used on or in connection with the Curve Wire website are trademarks of Curve Wire and may not be used without the express written consent of Curve Wire. Other product and company names mentioned on the Curve Wire website may be trademarks of other respective owners and may not be used without the express written consent of such other owners.
11. Intended Audience. The Curve Wire website is designed and intended to provide information to persons of the age 18 or older. If you are under 18, you may not use this website without the assistance and supervision of a parent and/or legal guardian. We have the right to refuse service to anyone and the right not to permit a certain user or users from using the Curve Wire website with or without cause for any reason or no reason whatsoever. Curve Wire shall have the right to restrict access to your user profile by other third parties to comply with any applicable law and/or for any other reason.
12. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Curve Wire website.
13. Indemnification. You agree to indemnify, defend and hold Curve Wire and our directors, shareholders, officers, employees, agents, contractors, representatives and affiliates, harmless from any and all liability, loss, claim and/or expense of any kind, including but not limited to reasonable attorneys’ fees, resulting from any claims that you or any third parties assert, or may assert, based on or relating to your breach and/or violation of this Agreement, your use of the Curve Wire website and/or the use and/or publication of the User Content provided by you to or on the Curve Wire website
14. Disclaimer. CURVE WIRE PROVIDES ITS WEBSITE AND SERVICES THEREON AND RELATED THERETO ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS AND CURVE WIRE MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER AS TO ITS SERVICES OR AS TO YOUR USE OF THE CURVE WIRE WEBSITE. YOU AGREE THAT YOUR USE OF THE CURVE WIRE WEBSITE IS AT YOUR OWN AND SOLE RISK. WITH RESPECT TO OUR SERVICES AND THE CURVE WIRE WEBSITE, CURVE WIRE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTES OF: MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. Limitation of Liability. CURVE WIRE DOES NOT GUARANTEE NOR REPRESENT THAT CURVE WIRE IS A SAFE OR SECURE WEBSITE AND CURVE WIRE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, INACTIONS, CONTENT OR INFORMATION OF THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL CURVE WIRE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE CURVE WIRE WEBSITE, YOUR USE OF THE CURVE WIRE WEBSITE OR THE CONTENT ON THE CURVE WIRE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY LIABILITY IS DETERMINED BY A COURT OF LAW OR AN ARBITRATOR ON THE PART OF CURVE WIRE FOR ANY CLAIMS WHATSOEVER IN CONNECTION WITH THE CURVE WIRE WEBSITE, THE SERVICES RELATED THERETO OR THE CONTENT ON THE CURVE WIRE WEBSITE, YOUR EXCLUSIVE REMEDIES FOR ANY SUCH CLAIMS ARE TO CEASE ALL OF YOUR USE OF THE CURVE WIRE WEBSITE AND/OR THE TOTAL MONETARY AMOUNT OF ONE THOUSAND U.S. DOLLARS ($1,000.00).
16. Termination. Curve Wire may terminate this Agreement at any time, with or without notice, for any reason or no reason whatsoever. Curve Wire may also terminate the provision of its services to you or any other person or user and/or disable your Curve Wire website account and/or your use of the Curve Wire website at any time in its sole discretion for any reason or no reason whatsoever.
17. Governing Law and Venue. This Agreement and the use of Curve Wire website shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws, and not the laws pertaining to conflicts or choice of laws, of the State of California applicable to agreements and transactions made and to be performed wholly within the State of California. The venue for any legal disputes or matters arising out of this Agreement and/or the use of the Curve Wire website shall be in Los Angeles County, California.
18. Assignment. Curve Wire shall have the right to assign this Agreement to any third parties, and the rights and obligations of Curve Wire under this Agreement shall inure to the benefit of Curve Wire, its successors and assigns, and shall be binding upon the successors and assigns of Curve Wire. This Agreement, being personal to you, cannot be assigned by you without the prior written consent of Curve Wire. Any purported transfer or assignment of any of the rights or obligations hereunder by you in violation of this Section shall be void and of no force or effect.
19. Foreign Users. If you are a user outside of the United States of America, you acknowledge and agree that your User Content will be processed and handled in the United States, and you represent and warrant that you are not located in a country that is embargoed by the United States or is on the U.S. Treasury Department’s list of Specially Designated Nationals.
20. Recovery of Litigation Costs. If any legal proceeding is brought arising out of the meaning, effect, performance, enforcement or any other issue arising out of this Agreement or the use of the Curve Wire website, the successful or prevailing party shall be entitled to recover his, her or its reasonable attorneys' fees and other costs incurred in such proceeding(s), in addition to any other relief to which he, she or it may be entitled.
21. Section Headings. The Section headings in this Agreement are included for convenience only, are not a part of this Agreement and shall not be used in construing it.
22. Severability and Enforceability. In the event that any provision or any part of any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of any other provision or part of this Agreement. If any restriction or provision contained in this Agreement is deemed by a judge or arbitrator to be an unenforceable restriction or provision on either party hereto under the law, then such restriction or provision shall not be rendered void but rather shall be deemed amended to apply to the maximum extent as such judge or arbitrator may determine is legally enforceable.
23. Surviving Provisions. In the event this Agreement is terminated, the applicable provisions herein regarding ownership and proprietary rights and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and shall continue to be binding on the parties hereto in accordance with their terms and periods of duration.
24. Force Majeure. Curve Wire will not be responsible or held liable for any delay or failure in performance of any part of this Agreement or the use of the Curve Wire website from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
25. Entire Agreement; Amendment. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof superseding any and all prior agreements, understandings, discussions, negotiations and commitments of any kind. This Agreement may not be amended or supplemented by you the user except as specifically agreed to in writing by Curve Wire.
