Curationist Terms of Use

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.

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.

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.

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

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.

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.

Curationist may offer links to third-party websites offering products, services, and/or information that you may access at your sole risk. You should be aware that the use of these third-party websites may be subject to separate terms and conditions, information collection practices, privacy policies, and other provisions. Curationist cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party websites. Curationist does not endorse any of the products or services offered by any third-party websites. Further, Curationist has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party websites. Before proceeding with any transaction with any third-party website, it shall be the User’s sole responsibility to conduct whatever investigation such User deems necessary and appropriate.

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.

While curationist endeavors to provide accurate and timely information, the information available on this website may include inaccuracies or typographical errors. moreover, curationist may modify or change the website or the information available on the 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, or accuracy of the information available on or through the 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, or non-infringement.

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 or the jurisdictional limit, whichever is greater.

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.

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.

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 takedown notice, including all elements required by law, to the Curationist Copyright Agent (designated as such pursuant to the DMCA) named below.

These Terms will be construed and enforced exclusively 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 the federal or state courts, as applicable located within the city of Richmond, Virginia, for adjudication of any and all disputes or actions arising out of or related to these Terms, even if you are located outside of the United States.

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.

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.

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.

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.