Terms of Service
Welcome to Curiator, an online service that enables you to create, organize, share and discover collections of the art you love.
The following terms and conditions ("Terms") govern your use of the Curiator website and platform, located at www.curiator.com, and your use of any and all products, computer programs, applications, widgets, services, platforms, integrations and web sites hosted or made available by Curiator, as well as any images, illustrations, photographs, graphics, logos, audio, video, music, text, user comments, messages, information, data, articles and any other content displayed on or accessed through the Curiator platform, regardless of whether accessed through the Curiator website or a third-party platform (collectively, the "Service" or "Services").
Description of Service
Curiator is an online service that enables users to create, organize, share and discover digital collections of art. Through the Service, Users may bookmark digital images and assemble collections of artwork, as well as follow and interact with other users, artists, galleries, agents, and websites that create, sell, promote, and/or distribute works of art.
Our Service is used to display, share, and otherwise make available photos, text and any other material uploaded by Users to the Curiator platform (collectively, "User Content"), and to allow Users to interact with and discover User Content across the Service. As a user of our Service, you represent and warrant to us that the underlying intellectual property rights to the material you post, display, transmit or otherwise make available on Curiator, including but not limited to copyrights, are owned by the you, the User who has posted the material.
You, the User, shall retain all rights to the Content that you post to the Service. You hereby grant us a non-exclusive, worldwide, royalty-free right and license to reproduce, distribute, publicly display, and otherwise exploit any User Content you upload to the Service and any material associated with your User Content and User profile, including but not limited to photographs, images, likenesses, names, artwork, logos/trademarks, and audio, music or audio-visual recordings for the purposes of operating and providing our Services to you and other Users. Additionally, to the extent permissible under the laws of your state, jurisdiction or country, you hereby waive any right of droit moral or any similar right with respect to the User Content and agree not to institute, support or maintain any action or lawsuit on the ground that the exercise of any of the rights conveyed by you under these Terms constitutes an infringement of any right of droit moral or any similar right is in any way a defamation or mutilation of the User Content, or any part thereof, or of the reputation of any artist, or contains unauthorized variations, alterations, modifications, changes or translations.
We take intellectual property rights seriously. Although we do not select or control the content shared through the Curiator platform, we make it our top priority to remove infringing, defamatory, offensive and/or abusive content upon request. You can visit our Copyright and DMCA Policy page to learn more about how we deal with copyrighted material and to read about Curiator’s compliance with the Digital Millennium Copyright Act.
If you notify us of content that infringes your intellectual property rights or the intellectual property rights of a third party, or content that violates our policies, we will review your request and block infringing content from Curiator within seven (7) business days.
Our Intellectual Property
We own and retain all right, title and interest in and to the Service, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front and backend systems, visual design, Internet website and accompanying databases. Notwithstanding material posted or uploaded by our Users, all of the content on the Service, including without limitation, the Curiator logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials"), are owned by or licensed to Curiator. We protect our Site Materials to the fullest extent permissible under United States and international trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. This Agreement does not transfer any ownership rights in any of the foregoing to you or any third party.
Curiator is a registered trademark owned by Readymade, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Readymade, Inc. You may not use any metatags or any other "hidden text" utilizing "Curiator" or any other name, trademark or product or service name of "Curiator" without our prior written permission. Content on the website is provided to you on an "as is" basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders. All other trademarks, registered trademarks, product names and names or logos mentioned in the Service are the property of their respective owners.
We created Curiator out of a shared love for art, and we hope that our Service will enable our users to connect with the creative community worldwide. To this end, we ask you to treat other Users with respect and consideration, keeping in mind that Curiator’s User community is, like the Internet, a global one, and to respect the rights of third party creators and content owners.
In connection with the User Content you post, you represent, warrant and agree that you own or have all licenses and rights to use and to authorize Curiator to enable, use, display, and distribute the material you have posted to the Service. We reserve the right to remove any material you post, deactivate any account, and block any users from the Service at any time and for any reason.
Curiator is offered to you on a non-exclusive basis for your sole personal, non-commercial use. You may access the Services solely to find information about, preview , comment upon, and share content posted by Users, as intended through the normal functionality of the Service. To use Curiator, you must be an individual (i.e., not a corporation) and have reached the age of majority in the state, jurisdiction, or country in which you reside, be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and be able to abide by and comply with these Terms. In no event may anyone under the age of 18 use Curiator.
You may not use the Service for any illegal or unauthorized purposes. You may not use the Service in a way that could damage its content or impair its operation in any way. You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Curiator, unless you have been specifically allowed to do so in a separate agreement by Curiator. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or bots. You also understand that by using the Service you may be exposed to content created by third parties, including but not limited to content created by advertisers, or content that is offensive, indecent or objectionable.
You hereby agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. We may remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violative of a third party’s intellectual property or other legal rights.
In order to access the features of the site, you must create and/or log into a Curiator account of your own. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs in your account. By connecting Curiator with a third-party service, you give us permission to access and use your information from that service as permitted by that service (e.g., Facebook and Twitter). You are also responsible for maintaining the security of your account password, as well as the passwords of any third-party services that you may have elected to link to your account.
You agree to notify Curiator immediately of any breach of security or unauthorized use of your account. You may be liable for the losses of Curiator or others due to such unauthorized use or any other use in violation of these Terms. Curiator reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users that may arise. Curiator will not be liable for your interactions with other Users, or for any User’s action or inaction.
Limitations of Liability
The Service provides content uploaded, transmitted or otherwise shared by our users. Because we have no control over such content, you acknowledge and agree that Curiator is not responsible for and does not assume responsibility or accept liability for any third-party websites, services, files, content, advertising, products or other materials on or made available by third parties through its platform. You further acknowledge and agree that we shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such artwork, video, content, galleries and collections or services available on or through any such site or resource.
You expressly understand and agree that Curiator and its subsidiaries, affiliates, officers, agents, employees, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses (even if we have been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service; or
- Any other matter relating to the Service
Disclaimer of Warranties
You expressly understand and agree that:
a) your use of the of the Service is at your discretion and risk. We disclaim any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from accessing information or material on the Internet using our Service. The Service is provided on an "as is" and "as available" basis. Curiator, Inc. and its subsidiaries, affiliates, officers, employees , agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) Curiator, Inc. and its subsidiaries, affiliates, officers, employees , agents, partners and licensors make no warranty that the Service will meet your requirements; the Service will be uninterrupted, timely, secure or error-free; the result that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; or that any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Curiator is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from m the download of any such material
d) We hereby disclaim all warranties, express or implied, with respect to Curiator including, without limitation, any warranty of merchantability or fitness for a particular use. No advice or information, whether oral or written, obtained by you from Curiator, Inc. or through or from the Service shall create any warranty not expressly stated in the Terms.
You agree to indemnify and hold Curiator, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including court costs and reasonable attorney’s fees, made by any third party due to or arising out of links you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another party.
In the event a dispute shall arise between the parties to these Terms, the parties agree to submit to binding arbitration in accordance with the mediation procedures of United States Arbitration & Mediation in the borough of Manhattan in the State of New York. The parties agree to share equally in the costs of the arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of New York.
Revision of Terms
We reserve the right to revise this policy at any time, including by posting a new version at this website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.