Acceptance of Terms
Curlie has not been customized for use in any specific territory and, therefore, we do not ensure or assume the responsibility that Curlie complies with applicable local laws and regulations in any specific country or jurisdiction, or any territory in which you elect to use Curlie. You are solely responsible for compliance with local laws that may be applicable to your use of Curlie.
We may modify the TOU at any time without notice. If you do not agree to any changes, your sole remedy is to stop using Curlie. Your use of Curlie after the effective date of any changes will constitute your agreement to the changes.
The only personally identifiable information about you ("PII") (e.g., your name, e-mail or physical address, or telephone number) that Curlie receives is any PII you choose to include in the submission form if you submit a site for consideration for inclusion in Curlie. We use such PII only in connection with the provision of Curlie and for the purpose of evaluating volunteer editors, and do not use it for marketing purposes. We do not share your PII with any outside companies. As explained below, volunteer editors for Curlie may have access to certain PII.
When you use or access Curlie, we automatically receive and store certain information from your browser, including your IP address, your browser type, access date and time, the referring Web site address, the Curlie page you requested, and in the case of a search, the specific search terms requested. We use this information for purposes of security, to learn more about how Curlie is used, and to improve the quality and usefulness of the Directory. We do NOT link any of this information with PII, and we do not share this information with any outside companies. We reserve the right to create a retention policy for PII and browser information for our business purposes, including the prevention of fraud and abuse of the Directory.
If you have any questions regarding your privacy, please contact us at Curlie Admins.
Your Responsibilities When Using Curlie
You are responsible for your own activities when using Curlie. You will not disrupt the functioning of Curlie or otherwise act in a way that interferes with other users' use of Curlie or harms others. You will follow all applicable laws and regulations, and will follow this TOU. You will not participate in, facilitate or further illegal activities.
You are solely responsible for the content you upload, transfer, send, mail, forward, post or otherwise provide to us (collectively referred to as "post" in this TOU) and the consequences of sharing or publishing such content with others or the general public. This includes any personal information you choose to submit or share using Curlie. YOU ACKNOWLEDGE AND AGREE THAT CURLIE IS NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, AND ANY OTHER CONSEQUENCES THAT OCCUR BETWEEN YOU AND ANY OTHER USER OF CURLIE OR THE PUBLIC AND THAT THE ENTIRE RISK FALLS ON YOU.
In addition to these terms, if you submit a site for possible inclusion in the Directory, you agree to comply with and be bound by Curlie Submission Policies. In addition, if you apply and are selected to be an editor of the Directory, you agree to comply with and be bound by the Curlie Editor Guidelines.
If you serve as an editor of the Directory, you agree that (a) Curlie, its affiliates, and their licensors are the owners of valuable confidential information, including but not limited to information about users' online behavior and use of the Directory and other sites owned by Curlie or its affiliates (collectively, the "Confidential Information"), (b) in the performance of your editorial duties, you may receive or become aware of Confidential Information, and (c) unauthorized disclosure of any Confidential Information would irreparably damage Curlie, its affiliates and licensors. You agree that any Confidential Information may be used only as reasonably necessary to carry out your duties as an editor of the Directory, and that you will not at any time during or after your term of service as an editor of the Directory use Confidential Information for any other purpose or disclose any Confidential Information to any other person.
Special Attention to Children
The Kids and Teens categories link to web sites that have been selected for age-appropriate content by a team of volunteer editors. Although Curlie, including the Kids and Teens categories, does not collect personal information except as specifically stated in this TOU, it links to other companies' and organizations' web sites. It is important to check the privacy policies of these web sites to understand how they may collect or use information. In addition, although these sites were deemed age-appropriate at the time of selection, neither Curlie, nor its volunteer editors control any third party site, and the content of any site may have changed. If you believe that a site has been incorrectly categorized, please notify Curlie by using the Update Listing link (flag) at the right of the listing.
The Internet may contain some material that is inappropriate for young audiences. There are a number of ways you can control what your child can see and do online. You may want to consider utilizing filtering software to manage your child's online experience. Please remember that while software filtering tools are a great way to control your child's online experience, there is no substitute for parental involvement online.
Curlie Discretion Over Content, Use, And Operation of the Directory
We may edit, move, or delete any content in the Directory (including content that you have provided) or terminate all or part of the Directory without notice or liability for any reason at our sole discretion. You acknowledge that Curlie and the Curlie Admins, together with its editors, have unfettered editorial discretion to determine the structure and content of the Directory and that, because a site's placement in the Directory is subject to change or deletion at any time, you may not rely on any aspect of a site's inclusion in the Directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any site in the Directory or to the title or description of any site appearing in the Directory.
We are not responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content on Curlie originating with or otherwise provided by third parties.
We may preserve or disclose information about users, including those who submit sites for possible inclusion in the Directory, if required to do so by law or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Curlie, its users, or the public; or (e) administer Curlie.
Links to Third-Party Sites
We provide links to other internet sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through Curlie that is offensive, indecent, or otherwise objectionable.
Upon request by us, you will indemnify Curlie, and its subsidiaries, affiliates, officers, agents, suppliers and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from a breach of this TOU for which you are responsible or from the user of or conduct on Curlie. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for us in that matter.
Disclaimer / Limitation of Liability
WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH CURLIE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE CURLIE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND CURLIE, ITS AFFILIATES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(Note: If you are only submitting a URL(s) to be included in the directory, this copyright assignment only applies to the site description that you want included in the Directory, but doesn't extend to the actual web site or its content).
To enable us to take appropriate action in the event of infringements by third parties, and in consideration for the opportunity to use and participate in the Directory, you hereby assign to Curlie the copyright in any material (whether site descriptions, directory organization, or otherwise) that you create and submit for inclusion or use in the Directory. Curlie hereby licenses back to you a nonexclusive, royalty-free right to use any such material. You further warrant that you have all rights necessary to authorize the distribution and re-distribution of any material you submit for inclusion or use in the Directory. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party.
The content on Curlie and its design, structure, and compilation are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. All use of the Directory and its content is governed by the Curlie License. You may view, copy, download, print and publish documents from Curlie so long as you follow the license. For permission to use third-party materials appearing on or linked from Curlie, please contact the copyright owner directly.
Claims of Copyright Infringement
We respect the intellectual property rights of others and reserve the right to terminate any user's access to Curlie if we are notified that such user's activities infringe the rights of third parties. If you believe that your work has been copied and is accessible on Curlie in a way that constitutes copyright infringement, please contact us here.
This Agreement constitutes the entire agreement between you and Curlie and governs your use of Curlie, superseding any prior agreements. You represent and warrant to us that you have the legal capacity to enter into this Agreement with Curlie. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. The laws of the State of Texas except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Texas for any claim or dispute with Curlie or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to Curlie within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.