Curious Fool Terms of Service
PLEASE READ OUR TERMS OF
SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS
THAT WE MAY POST, STATE THE TERMS AND CONDITIONS UNDER WHICH CURIOUS
FOOL PROVIDES YOU WITH VARIOUS SERVICES ON CURIOUSFOOL.COM. ALL
SERVICES PROVIDED BY CURIOUSFOOL.COM
ARE COLLECTIVELY REFERRED TO AS "CURIOUS FOOL SERVICES." BY ACCESSING,
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CURIOUSFOOL.COM, YOU AGREE TO ACCEPT THE TERMS OF SERVICE AND AGREE TO
BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF CURIOUSFOOL.COM.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS,
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Ownership of CuriousFool.com and Protection of Our Intellectual Property Rights
The contents of
CuriousFool.com are intended for the personal and noncommercial use of
our users. CuriousFool.com. All right, title and interest to the
content displayed on CuriousFool.com, including but not limited to CuriousFool.com's
look and feel, data, information, text, graphics, images, sound or
video materials, photographs, designs, trademarks, service marks, trade
names, URLs and content provided by third parties, are the property
of CuriousFool.com, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by CuriousFool.com,
you agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, perform, display, license, reverse engineer or create
derivative works based on CuriousFool.com or any Content (including without limitation any software) available through CuriousFool.com.
Changes To This Agreement
CuriousFool.com may
make changes to this Agreement at any time in its sole discretion. Each
time changes are made to this Agreement, a link to this new Agreement
will be posted on the home page. Your continued use of CuriousFool.com following the posting of changes constitutes your acceptance
of any such changes. You can review the most current version of this
Agreement here. Please check this page from time to time for current
terms of use.
Our Privacy Policy
The information that we obtain through your use of CuriousFool.com, whether through the registration process or otherwise, is subject to the privacy policy posted here.
CuriousFool.com's Privacy Policy contains terms and conditions that
govern our collection and use of the information you provide to us,
including our respective rights relative to that information. Please
review our privacy policy before you use CuriousFool.com. If you are
unwilling to accept the terms and conditions of CuriousFool.com's
Privacy Policy, please do not use CuriousFool.com.
Other Policies
Your use of CuriousFool.com is also subject to the other policies, disclaimers and guidelines we post on CuriousFool.com from time to time and at our discretion.
Your License to Access Content on CuriousFool.com
You are hereby granted a
personal, nonexclusive, nontransferable, revocable, limited license to
view, reproduce, print, cache, store and distribute content retrieved
from CuriousFool.com
via a generally available consumer web browser, provided that you do
not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Curious
Fool Services or remove or obscure the copyright notice or other
notices displayed on the content. You may not reproduce, print, cache,
store or distribute content retrieved from CuriousFool.com in any way, for any commercial use without the prior written permission of CuriousFool.com or the copyright holder identified in the relevant copyright notice.
You agree not to
modify Curious Fool Services in any manner or form, or to use
modified versions of Curious Fool Services, including (without
limitation) for the purpose of obtaining unauthorized access
to Curious Fool Services or portions of Curious Fool
Services. You agree not to access Curious Fool Services by any
means other than through the interface that is provided by CuriousFool.com for use in accessing the Curious Fool Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on CuriousFool.com
shall be construed as conferring any other license or right, expressly,
by implication, by estoppel or otherwise, with respect to any of
Curious Fool's Content or under any third party's Content. Any rights
not expressly granted herein are reserved.
If you choose to forward content from CuriousFool.com
via email through our Services, you agree that you will only forward
such content to willing recipients known to you and that you will not
use such Services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to CuriousFool.com. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries
- "meta-searching"
- performing "offline" searches on CuriousFool.com
Posting Material on CuriousFool.com
Certain Sites may allow
users to post or upload information, data, text, photographs, graphics,
messages and/or other content ("Postings"). You acknowledge and agree
that Postings and any and all liability arising from Postings are the
sole responsibility of the user who posted the content ("Poster"), and
not CuriousFool.com. CuriousFool.com does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by
using Curious Fool Services, you may be exposed to Postings that
are offensive, indecent or objectionable. Under no circumstances will
Curious Fool be liable in any way for any Postings, including, but not
limited to, for any errors, omissions or misrepresentations in any
Postings, or for any loss or damage of any kind incurred as a result of
the use of, or arising from, any Postings.
If you do choose to post content on CuriousFool.com,
please do not do so unless you understand that your Postings will be
available publicly. You should not assume that you are anonymous online
and cannot be identified by your Postings. You agree that all of your
Postings will comply with the requirements of this Agreement.
You agree not to use our Sites to:
- Post any Posting that
is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a CuriousFool.com agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation
except in areas that are expressly designated by CuriousFool.com for such purpose;
- Disseminate or
transmit any Content that infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right, including,
but not limited to, using third party copyrighted materials, without
appropriate permission, using third party trademarks without
appropriate permission or attribution, or using or distributing third
party information (whether or not protected as a trade secret) in
violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that
you do not have a right to under any law or under contractual or
fiduciary relationship (which includes inside information, proprietary
or confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Interfere with or disrupt Curious Fool Services, servers, or networks connected to CuriousFool.com, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Collect or store personal data about other users;
- Engage in any
activities that would violate the personal privacy rights of others,
including but not limited to, collecting and distributing information
about Internet users without their permission, except as permitted by
applicable law; or
- Post any material that
contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment.
You acknowledge that CuriousFool.com does not pre-screen Postings, but that CuriousFool.com
has the right but not the obligation, to refuse to make available, to
modify or to remove any Postings or portions of Postings in its sole
discretion and at any time without notice to the Poster, regardless of
whether those Postings violate the terms of this Agreement or are
otherwise objectionable.
You agree that your use of
any Posting is at your own risk, including any reliance on the
accuracy, completeness, or usefulness of the Posting. You agree that if
you rely on any Posting submitted to CuriousFool.com, it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that CuriousFool.com
may copy, distribute, display, publish, modify or translate such
Postings for any purpose and in any medium worldwide (including
incorporating the Postings into CuriousFool.com databases or any other CuriousFool.com
property, product or service) without any obligation to compensate you
or any other third party in any way for any such use. CuriousFool.com may grant other parties these same rights as to the Postings.
Sites with Registration
Certain sites require users
to register to obtain certain Curious Fool Services. Registration is
initially available to anyone of requisite age and citizenship and is
limited to one registration per user. By registering for these
services, you agree to: (a) provide true, accurate, current and
complete information about yourself as requested by the Curious Fool
registration form (the "Registration Information") and (b) maintain and
update the Registration Information to keep it true, accurate, current
and complete. In addition to other grounds for suspension or
termination of your use of the Curious Fool Services, if you provide
any information that is untrue, inaccurate, not current or incomplete,
or CuriousFool.com has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, CuriousFool.com
has the right to suspend or terminate your access and refuse you any
and all use of relevant Site. Registrants have the right to terminate
their account at any time by sending an e-mail to an address provided
on the relevant Site.
Passwords and Security
Access to certain Curious
Fool Services require you to choose a user name (or nickname) and
password. If you do so, you are responsible for maintaining the
confidentiality of your password and account and for logging out of
your account at the end of each session. In selecting a user name, you
agree that you will not (i) select or use a screen name of another
person with the intent to impersonate that person; (ii) use a name
subject to the rights of any person without their authorization; or
(iii) use a screen name that is offensive to people of ordinary
sensitivities, illegal, or infringing. You are fully responsible for
all activities that occur under your password or account. You agree (a)
to notify CuriousFool.com
immediately of any unauthorized use of your password or account or any
other breach of security, and (b) to ensure that you exit from your
account at the end of each session. CuriousFool.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of Curious Fool Services includes links to other World Wide Web sites or resources. Because CuriousFool.com has no control over such sites and resources, you acknowledge and agree that CuriousFool.com
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree
that CuriousFool.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such
site or resource. Finally, you acknowledge that such external sites
usually have their own terms and conditions, including privacy
policies, over which CuriousFool.com has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Your dealings with
advertisers and third party vendors found on or through CuriousFool.com
Services, including your participation in promotions, the purchase of
goods, and any terms, conditions, warranties or representations
associated with such activities, are solely between you and the third
party. CuriousFool.com
does not make any representations or warranties with respect to any
goods or web sites that may be obtained from such third parties, and
you agree that CuriousFool.com
will have no liability for any loss or damage of any kind incurred as a
result of any activities you undertake in connection with the use of or
reliance on any content, goods, services, information or other
materials available, or through such third parties, on our Sites. You
acknowledge that such external sites usually have their own terms and
conditions, including privacy policies, over which CuriousFool.com has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of CuriousFool.com
including, without limitation, all applicable laws (as well as
associated licenses and approvals) regarding the transmission of
technical data exported from the United States or the country in which
you reside.
Modifications To CuriousFool.com Services
CuriousFool.com reserves
the right at any time and from time to time to modify, suspend,
discontinue or terminate Curious Fool Services (or any part
thereof) with or without notice. You agree that CuriousFool.com will
not be liable to you or to any third party for any modification,
suspension, discontinuation or termination of Curious Fool
Services.
Termination of Your Access to Curious Fool Services
You agree that
CuriousFool.com, in its sole discretion, may terminate your access to
Curious Fool Services, and or remove, discard or modify any Postings or
content within the Service, for any reason, including, without
limitation, for lack of use or if CuriousFool.com believes that you
have violated or acted inconsistently with the letter or spirit of this
Agreement. You agree that any termination of your access to the
CuriousFool.com Services may be effected without prior notice, and
acknowledge and agree that CuriousFool.com may immediately deactivate
or delete your account and all related information and files in your
account and or bar any further access to such files or Curious
Fool Services. Further, you agree that CuriousFool.com shall not be
liable to you or any third party for the discontinuation or termination
of your access to the Curious Fool Services, even if advised of a claim
for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING CURIOUS FOOL SERVICES YOU UNDERSTAND AND AGREE THAT:
- CURIOUSFOOL.COM
SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON
OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER
MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. CURIOUSFOOL.COM AND THOSE
POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON CURIOUSFOOL.COM ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
INFORMATION, SERVICES OR OTHER MATERIAL ON CURIOUSFOOL.COM.
- YOUR USE OF CURIOUS FOOL SERVICES IS AT YOUR SOLE RISK. CURIOUS FOOL
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CURIOUSFOOL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT.
- CURIOUSFOOL.COM MAKES
NO REPRESENTATION OR WARRANTY THAT CURIOUS FOOL SERVICES WILL MEET
YOUR REQUIREMENTS OR THAT CURIOUS FOOL SERVICES WILL BE
UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF CURIOUS FOOL SERVICE WILL BE
ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY
POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY
YOU THROUGH CURIOUS FOOL SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED
THROUGH THE USE OF CURIOUS FOOL SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR
THROUGH OR FROM CURIOUS FOOL SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THEIR TERMS.
- YOUR USE OF CURIOUS FOOL SERVICES IS ALSO SUBJECT TO THE PICTURE SEARCH
DISCLAIMERS HERE AND THE FINANCIAL DISCLAIMERS HERE.
Limitation Of Liability
YOU UNDERSTAND AND AGREE
THAT CURIOUSFOOL.COM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT
NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, CURIOUS FOOL SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON
OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR CURIOUS FOOL SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CURIOUSFOOL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL CURIOUSFOOL.COM'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of CuriousFool.com
You agree to indemnify and
hold CuriousFool.com, its subsidiaries, and affiliates, and their
officers, directors, employees and agents harmless from and against any
and all liability, losses, claims, demands, disputes, damages or costs
of any kind, including, without limitation, reasonable attorneys' fees
and costs of litigation, resulting from or in any way connected with
(a) Postings or other content you submit or that are submitted from
your account, (b) your use of or reliance on Curious Fool Services,
(c) your connection to our Sites, (d) your violation of this Agreement,
or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted here.
No Other Agreements Between Us
With the exception of our
Privacy Policy, this Agreement constitutes the entire agreement between
you and CuriousFool.com for governing your use of CuriousFool.com and
Services and supersedes any prior agreements between you and
CuriousFool.com for that purpose, including any membership agreements
or other similar agreements applying to CuriousFool.com or Curious Fool
Services.
Law Applicable to Interpretations and Disputes
This Agreement and the
relationship between you and CuriousFool.com are governed by the laws
of the State of New Mexico without regard to its conflict of law
provisions. You and CuriousFool.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Doña Ana, New Mexico USA.
Severability of This Agreement
If any provision of this
Agreement is found by a court or other binding authority to be invalid,
you agree that every attempt shall be made to give effect to the
parties' intentions as reflected in that provision, and the remaining
provisions contained in this Agreement shall continue in full force and
effect.
Limitation of Actions Brought Against CuriousFool.com
You agree that any claim or
cause of action arising out of your use of our Sites or this Agreement
must be filed within one year after such claim or cause of action arose
or it shall forever be barred, notwithstanding any statute of
limitations or other law to the contrary. Within this period, any
failure by CuriousFool.com to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right
or provision.
Contact Information
If you have any questions or
concerns with respect to this Agreement or CuriousFool.com, you may contact a
representative of CuriousFool.com by sending an email to support@curiousfool.com
or by mail at:
Curious Fool
P.O. Box 13122
Las Cruces, New Mexico 88013-3122
Effective date: April 1, 2007