Last updated: 12th January, 2019
In case you are located in the United States this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
1. Accessing the website
Access to the Website and any part thereof is permitted on a temporary basis, and we reserve the right, in our sole discretion, to withdraw or amend any or all of the services we provide on the Website without notice or liability to you. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent including posting or transmitting any communication designed or intended to obtain private information such as password and account details for any Member.
- To upload to or post any Content on the Website that breaches the intellectual property or other rights of any third party, is defamatory of any person or is obscene, offensive, hateful, inflammatory or illegal under any relevant applicable law.
- To upload any content if you are not the owner of all rights including the copyright.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any Member or URL.
- To upload or transmit any virus or any other form of harmful program.
- To create multiple accounts for the purpose of voting for or against Content on the site;
- To artificially inﬂate or alter vote counts, comments, or any other service for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of services;
- To promote or sell Content of another person and posting copyrighted material which does not belong to you.
- To sell or otherwise transfer your profile.
All Content posted or submitted to the Website is the sole responsibility of the Member Account from where the Content originates and you agree and warrant that you are entirely responsible for anything submitted to the site through your account.
Curation Zone offers, as part of it’s services, a by invitation policy to Members. For it to be able to effectively manage this process it may from time to time access Content associated with or belonging to the Member, from third party sites that relates to a Member account. At no time does Curation Zone make claim to any of this content, it is shown on Curation Zone by link for the benefit of the Member, to enable us to be able offer the services of that Member.
All Copyright at all times remains with the rightsholder.
If at any time a Member finds a link on their Member account that does not related to them, or has misinformation associated with it, the Member should report this to Curation Zone at the earliest opportunity, so that it can be removed or information relating to it corrected. THis can be done by clicking on the “Report an Error” link on your Member account.
To report any suspected abuse of the Website or breach of the Terms (excluding copyright infringement which is addressed separately below), contact us at: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. Curation Zone reserves the right, but has no obligation, to monitor disputes between you and other Members.
2. Registration as a Member
Curation Zone is a curated Website for Content Providers, we have an invite only policy for Content Providers, we do however accept Content Providers on a registration basis from time to time, or subject to certain conditions.
When you register to become a Member of the Website you may be asked to choose an available username and a corresponding password as part of our security procedures. Your username must be your REAL NAME, COMPANY NAME or TRADING NAME, we DO NOT accept PSEUDONYMS, fake or fictitious names. Usernames must also not be a name that is subject to the rights of another person or entity without authorization, nor must it be otherwise offensive.
You must treat these details as confidential, and you must not disclose them to any third party.
Your Membership Account, Membership Name and Membership Password are personal to you. You are responsible for any use of them and you are not allowed to share them, or transfer them to any person or entity.
A Member shall only upload Works to or download Content from the Website through his or her Membership Account and only in accordance with the relevant applicable Curation Zone End User Purchase Agreement. All uploads or posting by you of Content or any other material to the Website will also be subject to Curation Zone’s Contributor Guides, as amended from time to time.
If you are uploading or downloading Content from and to the Website using any Curation Zone computer applications from time to time (“Apps”) you shall only do so in accordance with all relevant application End User Purchase Agreements including the Curation Zone Application (App) End User Licence.
We will not be responsible, or liable to any third party, for any Content uploaded to or posted on the Website by you, whether through or using your Membership Account or otherwise and whether in terms of Content, accuracy or for any other reason.
We reserve the right, in our sole discretion, to accept, deny, move, edit, modify, adopt, delete or remove Content uploaded to or posted on the Website by you without prior notice.
All Content posted or otherwise submitted to the Website is your sole responsibility and you acknowledge and agree that you, and not Curation Zone are entirely responsible for all Content that you post, or otherwise submit to the Website.
Curation does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website you may be also exposed to Content that you may find offensive, indecent or objectionable.
By submitting Content to the site you acknowledge that:
- You always retain full rights, ownership and copyright to your Content in addition to any intellectual property rights or other proprietary rights associated with your Content.
- You automatically grant Curation Zone the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits supplied, if any.
- Curation Zone makes no representation and warranty that Content posted on the Site will not be unlawfully copied without our or your consent.
4. Suspension and termination of membership accounts
In the event of the termination of your Membership Account by us, we will notify you by email to the last email address provided by you as part of your Membership Account.
You may at any time terminate your Membership Account by logging into your Membership Account and following the termination instructions accessible from the dashboard of your Membership Account.
Upon termination of your Membership Account your Membership Name and Membership Password will no longer give you access to the Website;
We are the owner or the licencee of all intellectual property in the Website and in the Content. These are protected by intellectual property laws and treaties around the world, including but not limited to laws relating to copyrights, trade-marks, trade-names, internet domain names around the world. All such rights are expressly reserved.
You may in particular not use, reproduce, display, create derivative works from or otherwise exploit any Works that are published on the Website.
6. Reliance on information posted on the Website
Commentary and other materials on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed in such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
7. Model and Property Releases
Curation Zone prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Content. Recognizing that many of Curation Zone's contributing users desire to submit property and/or model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Curation Zone has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors.
If Content is designated as property and/or model released, it means the contributing member posting such Content has represented to Curation Zone that the depicted locations(s) and/or individual(s) has/have signed a release permitting reproduction of the Content, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Curation Zone is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed property and/or model release for all location(s) and/or individuals depicted in a particular Image. If Curation Zone incorrectly indicates that an Image is property and/or model released when it is not, Curation Zone's liability shall be limited to the amount you paid Curation for the use of the Content.
If the Content depicts an individual and you use such Content in a manner that implies the use or endorsement of a product or service by depicting an individual, you must indicate wherever the Content is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Content depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive in any way that we (in our reasonable discretion) consider or that may under applicable law be considered illegal, inflammatory, obscene, immoral, defamatory or pornographic in nature or would reasonably likely bring any person or property reflected in the Content into disrepute, unless otherwise agreed in writing with Curation Zone prior to use.
8. Disclaimer and limitation of Our liability
The Website and the Content shown are provided without any guarantees, representations, conditions or warranties whatsoever. We in particular do not represent or warrant that the Website or the Content is complete or accurate nor that it will meet your requirements or be uninterrupted or error free.
To the extent permitted by applicable law, Curation Zone hereby expressly excludes:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user or Member in connection with the Website or in connection with the use, inability to use, or results of the use or exploitation of the Website, any websites linked to it and any Materials (including for the avoidance of doubt any Works published on the Website), including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- pure economic loss;
- wasted management or office time; and
- for any other expenses, charges, costs, loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
9. Information about you and your visits to the Website
You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer equipment this may have adverse effects on or prevent your use of the Website. Cookies are small data files that are placed on the hard drive or browser of your computer equipment. They help us to provide you with a good service when you browse the Website and also allow us to improve the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer equipment this may have adverse effects on your use of the Website.
10. Viruses, hacking and other offences
You must not misuse the Website by knowingly transmitting any data, send or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by denial-of-service attacks, viruses or other technologically harmful material that may infect or otherwise impact your computer equipment, computer programs, data or other proprietary material or property due to your use of the Website or to your uploading any material to the Website or to your downloading of any material posted on it, or on any website linked to it. We recommend that you install appropriate anti-virus or other protective software on your computer equipment.
Curation Zone is not responsible for any external links since we have no control over such resources and websites. You acknowledge that we do not endorse such sites and that we are not in any way liable for any content, advertising, products or other materials which may be available.
In addition, you also acknowledge and agree that RooM is not in any way responsible or liable, directly or indirectly, for any damage or loss caused (or allegedly caused) in connection with use of any such external resources or websites. Use is entirely at your own risk.
You agree to indemnify and keep indemnified Curation Zone and its affiliates and their directors, officers, employees, agents, licensors and licencees of Published Content (each an “Indemnified Party”) harmless from all claims, liability, losses, damages, cost and expenses (including allowed costs, reasonable legal fee and disbursements) arising out of or incurred by such Indemnified Party as a result of or in connection with:
- any access to or use of the Website or the Materials (including but not limited to the submission, download or upload of any Content or other material to or from the Website) by you or any person using your Membership Account or Membership Name (irrespective of whether such use takes place with or without your authorization or permission);
including but not limited to all and any claims or actions by any persons against an Indemnified Party for the infringement of any intellectual property, right to privacy or defamation whether intentional or not.
If we believe, in our discretion, that any situation or matter has arisen which could result in a claim by a third party or any such claim is brought against RooM or any other Indemnified Party we are entitled (but not obliged), by written notice to you, to assume the exclusive conduct and defence of such matter including the right to settle this upon any terms. You will in this case, at your expense, fully cooperate with us in relation to the conduct of such a matter.
12. Notification of infringements
If you are a copyright owner or an agent thereof and believe that any Content published on the Website infringes your copyright, please notify us by email to email@example.com providing your full contact details and clearly identifying (i) yourself, (ii) the copyrighted work owned by you the copyright of which you believe to be infringed and (iii) the Materials you claim infringe such copyrighted work and that you are seeking to be removed or access to which is you are seeking to be disabled.
The relationship between Curation Zone and you is that of independent contractors. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between you and Curation Zone.
You agree to be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
14. Applicable Law and Jurisdiction
The English courts will have exclusive jurisdiction over any Claims and Curation Zone and you irrevocably submit to the English courts’ jurisdiction. We retain the right to bring additional or further proceedings against you to enforce any judgement in your country of residence or any other relevant country.
15. Your concerns
Thank you for visiting the Curation Zone Website.