Last update: 10.01.2013
Curlyfurly.com is an online community that allows you to share interesting things you create or find on the Internet. We call the services available on www.Curlyfurly.com site (further the “Website”), whether accessed directly, or through the Mobile Software or such third party applications, the “Services”.
Please read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the Terms and Conditions of this agreement. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any the Services. These Terms and Conditions apply to all visitors, registered users, and others who access the Website, further addressed as (“Users”).
You may use the Website only if you can form a binding contract with Curlyfurly.com, and only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations.
No individual under the age of thirteen (13) may use the Services or provide any information to Curlyfurly.com or otherwise through the Website or/and the Services. You otherwise may only use the Website and/or Services if you can form a binding contract with Curlyfurly.com and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Your accounts at Curlyfurly.com
As a condition to using certain of the Services, you may be required to create an account (an “UserAccount“) and select a password and a username.
Terminating your account
An account can be terminated and deleted at any time by pressing “Delete“ button available at “Your Account” page after logging in. We may permanently or temporarily terminate or suspend your User Account and/or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of these Terms and Conditions, or for no reason. Upon termination of your User Account or upon your deletion of particular pieces of the user’s content from the Website, Curlyfurly.com shall make reasonable efforts to make such User Information inaccessible and cease use of it; however, you acknowledge and agree that: caching of, copies of, or references to the User Information may not be immediately removed; (b) such removed User Information may persist in backups (not available to others) for a reasonable period of time; For information about how your User Content will be handled after any termination of your account, please see the section below.
Your content and Responsibilities of contributors
If you operate an account, Curlyfurly.com allows you to post content on the Website, including photos, URLs, comments, and other materials. Anything that you post, or otherwise make available on the Website is referred further as “Content.” You retain all of your rights in all of the user Content you post to the Website. You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text or graphics. By posting or otherwise make the content available, you represent and warrant that:
– You will not violate any applicable law or regulation or encourage or enable any other individual to do any of the activities prohibited in these Terms and Conditions
– You will not use the Website and/or the Services for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Curlyfurly.com or in any manner not permitted by these Terms and Conditions
– You will not attempt to access or search the Services, user Content or Curlyfurly.com Content or scrape or download user Content or Curlyfurly.com Content from the Website, or otherwise use, upload content to, or create new links, reposts, or referrals on the Website through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Curlyfurly.com or other generally available third party web browsers
– You will not use Curlyfurly.com user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information
– You will not attempt to scan, probe, or test the vulnerability of any Curlyfurly.com system or network or breach any security or authentication measures;
– You will not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Curlyfurly.com or any of our providers or any other third party to protect the Website and/or the Services or Curlyfurly.com Content.
– You will not access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers
– You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website and or the Services
– You will not send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation
– The content does now and will not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal
– The content does now and will not contain any information or materials which we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable
– The content does now and will not create a risk of any other loss or damage to any person or property
– The content does now and will not contain any information or materials, which you do not have a right to make available under any law or under contractual or fiduciary relationships
– The content does now and will not infringe any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights
When you transfer any content to Curlyfurly.com through the Services, you give Curlyfurly.com a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of the Content. The rights you grant in this license are for the limited purpose of operating the Services and the Website in accordance with their functionality, improving the Services, and allowing Curlyfurly.com to develop new Services. The reference in this license to “derivative works” does enable Curlyfurly.com’s Users to share the content of a User to another in a manner that allows the Users to, for e.g., add their own text or other content before or after your content. This license to your content continues even if you terminate the account (see section below) primarily because of the social nature of the content shared through the Services – when you post something publicly, others may choose to comment on it, making your content part of a social conversation that cannot later be deleted without deleting other users posts or comments.
Upon termination of your account, or if you remove any your content from your account Curlyfurly.com may keep your content for a commercially reasonable period of time for backup, archival, or audit purposes. Moreover, Curlyfurly.com and other Users may keep and continue to display, reproduce, modify, re-arrange, and distribute any of your content
Responsibilities of unregistered users (“Visitors”)
Curlyfurly.com is a community of Users sharing different materials and Curlyfurly.com cannot review all of the materials posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, Curlyfurly.com does not claims or imply that it validates the material there posted, or that it believes such material to be accurate or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions. Curlyfurly.com will not be responsible for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Third-party websites and services
The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Curlyfurly.com. Curlyfurly.com does not endorse or take any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Website, you do so at your own risk and you agree that Curlyfurly.com will have no liability arising from your use of or access to any third-party website, service, or content.
Whenever we refer to “Intellectual Property Rights” in these Terms and Conditions, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights; trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
Reporting Instances of Copyright Infringement:
If you believe that Content accessible on the Website or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information:
– Identify the copyrighted work that you claim has been infringed.
– Identification of the material that is claimed to be infringing, including if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found
– Contact information for the notifying party including name, address, telephone number and e-mail address.
– A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
– A statement that the information provided in the notice is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.
– A full legal name and physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Send above notice, with all items completed, to copyright[at]Curlyfurly.com
Curlyfurly.com reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated copyright infringement notifications.
Submitting a Copyright Infringement Counter-Notification:
If you believe that your user content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint:
– Your name, address, telephone number, and email address
– The source address of the content that was removed
– The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
– A full legal name and physical or electronic signature
Upon receipt of a valid counter-notification, Curlyfurly.com will forward it to notifying party who submitted the original copyright infringement notification. The original notifying party will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Curlyfurly.com does not receive any such notification within ten (10) days, we may restore the material to the Services.
You agree to indemnify and hold harmless Curlyfurly.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to:
a) your access to the Website or use of the Services or Curlyfurly.com content,
b) your user content, or
c) your violation of any of these Terms and Conditions
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CURLYFURLY.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Curlyfurly.com takes no responsibility and assumes no liability for any content that you or any other User or third party posts or sends over the Website. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive platform for your and other users Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Furthermore, you understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, CURLYFURLY.COM CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER CURLYFURLY.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, CURLYFURLY.COM CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CURLYFURLY.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Curlyfurly.com will use reasonable efforts to ensure that the Website and the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Website and/or the Services will be interrupted for maintenance, upgrades, backups and repairs or due to failure of telecommunications links and equipment.
You agree that neither Curlyfurly.com will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Website, the Service, your user Content or other Content.
Curlyfurly.com retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Users shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Users shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Website with its Services are controlled and operated from its facilities in Hong Kong SAR. Curlyfurly.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Hong Kong SAR.
These Terms and conditions, as modified from time to time, constitute the entire agreement between you and Curlyfurly.com, and so you should review this page periodically. When we change the Terms and Conditions in a crucial way, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms and Conditions.
These Terms and conditions replace all prior or coexistent understandings or agreements. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Curlyfurly.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. If you do not agree to any of these Terms and Conditions or to any future Terms and Conditions, do not use or access the Website These Terms and Conditions are not assignable, transferable, or sub-licensable by you
Curlyfurly.com may provide links or references to websites operated by third parties. Once you enter another website, please be aware that Curlyfurly.com is not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies of each site that you visit through a link on Curlyfurly.com.
Types of Personal Information We Collect
Curlyfurly.com at Curlyfurly.com collects different types of Personal Information. Personal information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. You do not have to share with us any Personal Information to visit Curlyfurly.com. Curlyfurly.com collects the following types of Personal Information:
Contact Information which allows us to communicate with you, such as your name, birth date, age, gender, email addresses, social media website user account names, or other addresses at which you receive communications from or on behalf of Curlyfurly.com.
Other Information that helps us to understand who you are and what services you are interested in. This includes lifestyle information; location information related to your city, areas of interest, information collected from social media interactions (such as via Facebook Connect); your device you are using to visit Curlyfurly.com, your IP addresses, browser types, language, and other anonymous statistical data and information about friends who refer you or who you have referred.
How Curlyfurly.com collects Personal Information
To access the Services on Curlyfurly.com, you must first complete certain steps to become a Free Account subscriber. During these steps, you may be asked to provide to Curlyfurly.com Personal Information.
If you use a social media platform to interact with Curlyfurly.com, the platform may have a specific privacy statement that governs the use of Personal Information related to that platform.
We may receive additional Personal Information from third parties. We may use this Personal Information to enhance other information we have about you, to help us better understand you, and to otherwise enhance the Services provided by Curlyfurly.com.
How Curlyfurly.com Uses Personal Information
Curlyfurly.com uses Personal Information to:
– Respond to your service requests, questions and concerns;
– Administer your account;
– Send you requested service information;
– Provide customers with offers for products and services from participating merchants, including offers based on variables such as stated and anticipated customer interests, personal characteristics, or location;
– Customize your experience, including targeting our services and offerings to you;
– Operate and improve Curlyfurly.com;
– Evaluate eligibility of customers for certain offers, products or services;
– Evaluate the types of offers, products or services that may be of interest to customers;
– Provide the Services available at Curlyfurly.com;
– Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, or marketing;
– Provide advertisements to you through the Sites, email messages, applications, or other methods of communication;
– Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners; and
Cookies and Related Technologies
Like many other Web sites, www.curlyfurly.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
DoubleClick DART Cookie
.:: Google’s use of the DART cookie enables it to serve ads to users based on their visit to www.curlyfurly.com and other sites on the Internet.
www.curlyfurly.com has no access to or control over these cookies that are used by third-party advertisers.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.
When Curlyfurly.com Discloses Personal Information
We will not disclose your Personal Information to third parties except to:
· Our service providers that provide services for us, such as sending emails on our behalf and operating payment gateways. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.
· Curlyfurly.com advertisers, as part of an offer, contest, or other activity that is provided by or in connection with Curlyfurly.com and its business partners, and in which you have elected to participate.
We may also disclose information about you that is not personally identifiable. For example, we may provide our service providers, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
You can manage your preferences by logging into your account through the Curlyfurly.com, by entering the “Settings” section.
Please remember that you may manage the sharing of certain Personal Information with us when you connect with us via a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to adjust Personal Information sharing, and manage the interactivity between Curlyfurly.com and your social media account or your mobile device.
We strongly encourage you to keep Personal Information up to date, as it will help us provide you with individual and personalized services and offers. To access, update and/or delete your Personal Information you provided to Curlyfurly.com, please visit your profile by logging into your account and accessing “Settings”.
If you want to close and delete your account, please visit “Settings” and press the button “Delete account” located in bottom left corner of the page. Please keep in mind that deleting your account is irreversible process. We will store and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Privacy Practices of Third Parties
Comments and other community sections
Curlyfurly.com site contains public communities such as, but not limited to, Comment sections and other areas where you may be able to post, upload, transmit information, or otherwise communicate with others. Before posting in these areas, please familiarize yourself with our Terms and Conditions. All the information you post will be accessible to anyone with Internet access, and any Personal Information you disclose in your posting may be read and used by others. We strongly recommend avoiding posting, uploading or otherwise transmitting Personal Information in set forth above public communities.