User Agreements

Acceptance of Terms

By accessing or using the Curate Wine mobile application, or any other application, website, or services (the “Services”) offered by Curate Software Corporation (“Curate Software”), a corporation governed by the laws of the State of Delaware, you acknowledge that you have read, understand, and agree to be bound by the following terms and conditions (“Terms of Service”) and to the collection and use of your information as set forth in the Curate Wine Privacy Policy located at https://legal.curate.wine, whether or not you are a registered user of our Service (the Terms of Service and Privacy Policy constitute the “Agreement”). This Agreement applies to all visitors, users, and others who access the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CURATE SOFTWARE, THE OWNER OF CURATE WINE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Curate Wine reserves the right, in its sole discretion, to modify or update this Agreement from time to time, and you should review this document periodically. If you do not agree to the terms of this Agreement, you cannot use the Services. Your continued use of the Services constitutes binding acceptance of any such changes.

Term

This Agreement shall remain in full force and effect while you use the Services. We may terminate your membership or your use of the Services at any time, with or without warning. In the event that we terminate your use of the Services or your membership, this Agreement will remain in effect. Curate Software reserves the right to refuse access to users who violate this Agreement, including access to their account data.

Eligibility and Minors

You may use the Services only if you can form a binding contract with Curate Software, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 (eighteen) years of age or older to use the Services. The Services are not available to any users previously removed from the Services by Curate Software. You furthermore represent and warrant that you are not located in a country that is subject to a U.S. embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Consumption of Alcohol

Curate Software does not condone, endorse, or encourage the consumption of alcoholic beverages. You affirm that any alcoholic beverages consumed in conjunction with your use of the Services were done so in accordance with applicable laws and regulations in your jurisdiction, including, but not limited to, age requirements in excess of those required by Curate Software for use of the Services. You agree to indemnify and hold harmless Curate Software of any and all damages resulting from and against your actions while inebriated.

According to the United States Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may increase cancer risk or increase the likelihood of other health problems.

Accounts and Password

Your Curate Wine account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account.

When you register to become a member, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree to notify us immediately if you suspect any breach of security or an unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Curate Software will not be liable for any losses caused by any unauthorized use of your account.

By providing Curate Wine with your email address, you consent to our using the email address to send you Curate Wine-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as those regarding changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services, without notice and liability, for any reason, including, if, in our sole determination, you violate any provision of this Agreement, or for no reason. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Services. Curate Software reserves all rights not expressly granted herein in the Services and the Curate Wine Content (as defined below). Curate Software may terminate this license at any time for any reason or no reason.

Set forth below are terms setting forth prohibited user conduct and content regarding the Services. While Curate Software prohibits such conduct and content on the Services, you understand and agree that Curate Software cannot be responsible for the content posted in connection with the Services or on its web site and you nonetheless may be exposed to such materials and that you use the Curate Wine service at your own risk.

Violation of any provisions of this Agreement will result in the termination of your Curate Wine account.

Use of Services

You must not harass, abuse, threaten, impersonate, or intimidate other users. You may not post nude, partially nude, or sexually suggestive photos or videos. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You must not modify, adapt, or hack the Services or modify another website so as to falsely imply that it is associated with Curate Wine. You must not use web URLs in your name without prior written consent from Curate Wine. You must not access Curate Wine’s private API by any other means other than the Curate Wine application itself. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You are prohibited from: (i) copying, distributing, or disclosing any part of the Services or any content from the Services, including, but not limited to, user profiles, photos, and videos, in any medium, including, without limitation, by any automated or non-automated “crawling” or “scraping”; (ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” et cetera, to access the Services in a manner that sends more request messages to the Curate Wine servers than a human could reasonably produce in the same period of time using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email or comments to any Curate Wine members or any other party; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmission to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure, (vi) uploading invalid data, viruses, worms, or other malicious or nefarious software agents through the Services; (vii) collecting or harvesting any personally identification information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity, (x) interfering with the proper working of the Services, (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services, (xii) reverse engineering, disassembling, modifying, adapting, or otherwise attempting to access the computer code or other intellectual property of the Curate Software, or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

User Content

Some areas of the Services allow users to post content such as video, images, profile information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Services is “User Content”). Curate Software claims no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Curate Software has the right (but not the obligation) in its sole discretion to remove any objectionable User Content that is shared via the Services.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content which may be construed as unlawful, 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; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.

You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, Intellectual Property Rights (as defined below) or any other rights of any person, and (iii) the posting of your User Content on or through the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You acknowledge that User Content may contain representations of intellectual property of third parties for illustrative purposes only. Curate Software does not assert or imply ownership of or affiliation with such intellectual property or the rightsholders of such intellectual property. All intellectual property, including, but not limited to, those enumerated above, are property of their respective owners.

The views and opinions expressed in User Content are those of the respective authors and do not necessarily represent the views or opinions of Curate Software, its employees, its affiliates, or its licensors.

In connection with your User Content, you affirm, represent, and warrant the following:

1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
2. Your User Content and Curate Wine’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
3. Curate Wine may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
4. To the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

Curate Software takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Curate Software shall not be liable for any damages you allege to incur as a result of User Content. We may, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or this Agreement.

User Content License Grant and Agreement

By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Curate Software a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide, universal license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Services.

Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Curate Wine may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.

Curate Wine performs technical functions necessary to offer the Services, including, but not limited to, transcoding, watermarking, resizing, and/or reformatting User Content to allow its use throughout the Services.

Although the Services are normally available, there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Curate Software. Also, although Curate Software will normally only delete User Content that violates this Agreement, Curate Software reserves the right to delete any User Content for any reason, without prior notice. Deleted content may be stored by Curate Wine in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Curate Software encourages you to maintain your own backup of your User Content. Curate Wine is not a backup service. Curate Software will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

Mobile Software

We may make available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Services. Curate Software does not warrant that the Mobile Software will be compatible with your mobile device. Curate Software hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Curate Wine account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Curate Software may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Curate Software or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

Curate Software reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Curate Wine Services.

Our Proprietary Rights

Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users, and all Intellectual Property Rights related thereto, are either the exclusive property of Curate Software (the “Curate Wine Content”) or the exclusive property of its licensors (including other Users who post User Content to the Service). Curate Software hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Curate Wine Content (excluding any software code) solely for your personal use in connection with viewing and using the Services. The Curate Wine Services contain content of other Users and other Curate Wine licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Curate Wine Content. Use of the Curate Wine Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Curate Software under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Curate Software does not waive any rights to use similar or related ideas previously known to Curate Software, or developed by its employees, or obtained from sources other than you.

Copyright Policy

Curate Software respects the intellectual property of others, and we ask our users to do the same. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Curate Software to terminate the privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Curate Software by the copyright owner or the copyright owner’s legal agent. Curate Wine will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description and identification of the copyrighted work that you claim has been infringed;
3. a description and identification of where the material that you claim is infringing is located on the Services;
4. information reasonably sufficient to permit Curate Software to contact you, including your mailing address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is acrental and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent may be reached via email at [email protected] (Subject Line: “DMCA Takedown Request”).

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Curate Software and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Curate Software’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Curate Software has adopted a policy of terminating, in appropriate circumstances, access of Users who are deemed to be repeat infringers. Curate Software may also, at its sole discretion, limit access to the Services, and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Objectionable Content Policy

Curate Software does not tolerate objectionable content, including, but not limited, to pornographic or obscene content. By using the Services, you agree to the Objectionable Content Policy in this Section, and all other terms of this agreement. Curate Software has no obligation to monitor posts to Curate Wine or to exercise editorial control over such posts; however we reserve the right to review such posts and to remove any material that, in our absolute and sole discretion, is not appropriate. You agree and acknowledge that your content is subject to such moderation. Users may flag or report objectionable content by contacting Curate Software using the contact information listed at the end of this Agreement.

Third-Party Links

The Services may use external APIs and may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Curate Software. Curate Software does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that this Agreement and Curate Wine’s Privacy Policy do not apply to your use of such sites. You expressly relieve Curate Software from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Curate Software shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Third-Party Software

Curate Wine may contain third-party software that requires notice and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from Curate Software and are made a part of and incorporated by reference into this Agreement. By using the Services, you are also accepting the additional terms and conditions, if any, required by these third-party software notices and terms and conditions.

In addition, you understand and agree that Curate Software is not responsible or liable for any data breaches of third-party software providers.

Indemnity

You agree to defend, indemnify, and hold harmless Curate Software and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (v) any disputes between you and other users of Curate Wine. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURATE WINE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CURATE SOFTWARE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

CURATE SOFTWARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CURATE WINE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CURATE SOFTWARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT CURATE SOFTWARE IS NOT LIABLE FOR ANY ACTION OR INACTION OF ANY THIRD PARTIES, INCLUDING OTHER USERS OF CURATE WINE WITH WHICH YOUR ARE INTERACTING, AND THE RISK OF INJURY, PROPERTY DAMAGE, OR DEATH FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT CURATE SOFTWARE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY OTHER USER OF CURATE WINE WITH WHOM YOU ARE INTERACTING AND CURATE SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE GOODS OR SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND THAT CURATE SOFTWARE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE, OF ANY USER. AS SUCH, CURATE SOFTWARE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, AND/OR DAMAGES ARISING FORM OR IN ANY WAY RELATED TO CURATE WINE.

CURATE SOFTWARE WILL NOT BE INVOLVED IN ANY DISPUTES BETWEEN USERS OF CURATE WINE. CURATE SOFTWARE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGES OF ANY KIND THAT MIGHT ARISE DURING AND AFTER THE USE OF CURATE WINE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURATE SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL CURATE SOFTWARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURATE SOFTWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CURATE SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CURATE SOFTWARE HEREUNDER OR $100.00 USD, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CURATE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Services are controlled and operated from facilities in the United States. Curate Software makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

You understand that you are accessing and using the Services at your own risk. Curate Software may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Services, nor for your accessing or downloading of any content, material, program, or file through the Services. Curate Software may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Services. Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).

Governing Law and Arbitration

1. Governing Law. You agree that: (i) the Services shall be deemed solely based in Delware; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Curate Software, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the Kent County, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
2. Arbitration. For any dispute with Curate Wine, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Curate Software has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Curate Wine claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Kent County, Delaware, unless you and Curate Software agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CURATE SOFTWARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

General

1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Curate Software without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Notification Procedures and Changes to the Agreement. Curate Software may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Curate Software in our sole discretion. Curate Software reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Curate Software is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Curate Software may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Services.
3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Curate Software in connection with the Services, shall constitute the entire agreement between you and Curate Software concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Curate Software’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
5. Contact. If you have any questions regarding this Agreement, please contact us via email at [email protected] or by postal mail at: 18117 Biscayne Blvd #2147, Aventura, FL, 33160-2535

Information We Collect

We collect the following types of information.

1. Your name, password, and e-mail address when you register for a Curate Wine account.
2. User Content (e.g., multimedia, text, and other materials) that you post to the Services.
3. Communications between you and Curate Software. For example, we may send you Services-related emails (e.g., account verification, changes/updates to features of the Services, technical, and security notices).

1. We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, metadata about your device, add-ons, and other information that assists us in improving the Services. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to personally identify any particular individual User.
2. We internally collect telemetry data on application usage patterns to assist in improving the Services. Such data may include resources accessed, time taken to complete forms, what information has been pasted from the clipboard, and how you interact with various parts of the user interface.

1. When you visit the Services, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect and manage information about how you use Curate Wine and provide features to you.
2. We may ask advertisers or other partners to serve advertisements or services to your devices, which may use cookies or similar technologies placed by us or the third party.

1. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
2. When you use our Services, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, user agent (browser type), referring/exit pages and URLs, device identifier, number of clicks, and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked on by recipients. This information allows for ongoing improvement of the Services.

1. When you use a computer, tablet, or smartphone to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.”
2. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Curate Wine.
3. A device identifier may deliver information to us or to a third-party partner about how you browse and use the Services and may help us or others provide reports or personalized content and advertisements. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.

1. Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
2. Users can add or may have Metadata added to their User Content including geotagging (e.g., to mark your location), comments, or other data. This makes your User Content more searchable by others and more interactive.

How We Use Your Information

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

1. help you efficiently access your information after you sign in;
2. remember information so you will not have to re-enter it during your visit or the next time you utilize our Services;
3. provide personalized content and information to you and others, which could include online advertisements or other forms of marketing;
4. provide, improve, test, and monitor the effectiveness of our Services;
5. develop and test new products and features;
6. monitor metrics such as total number of visitors, traffic, and demographic patterns;
7. diagnose or fix technology problems; and
8. automatically update the Curate Wine application on your device.

Curate Wine or other Users may run contests, special offers or other events or activities (“Events”) on the Services. If you do not want to participate in an Event, do not use the particular Metadata (i.e. geotag) associated with that Event.

Sharing of Your Information

We will not rent or sell your information to third parties outside Curate Wine (or with corporate affiliates or through third-party APIs) without your consent, except as noted in this Policy.

Parties with whom we may share your information include:

1. We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, et cetera), with organizations that help us provide the Services to you (“Service Providers”), which may include, but is not limited to, datacenter operators, content delivery networks, error tracking services, and data analytics applications. Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms. These Service Providers may not use your information for any purposes other than those to which they have been entrusted and Curate Software shall use reasonable efforts to ensure these Service Providers hold your information in confidence. In addition, Curate Software will only disclose your information to third parties that Curate Software believes in good faith follow acceptable privacy and security policies.
2. We may disclose your information to investigate or enforce violations of our rights. Curate Software may also disclose your information to protect the security of our Services. In addition, Curate Software may also disclose your information if it has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.
3. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party advertising networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
4. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content:

1. Any information or content that you voluntarily disclose for posting to the Services, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. Once you have shared User Content or made it public, that User Content may be re-shared by others.
2. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users.
3. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties using the Curate Wine API have copied or saved that information.

What happens in the event of a change of control:

1. If we sell or otherwise transfer part or the whole of Curate Wine or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content, and any other information collected through the Services may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will be required to honor the commitments we set forth in this Privacy Policy.

Instances where we may be required to share your information:

1. Curate Software will disclose your information where required to do so by law or by judicial process; if we reasonably believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or subpoenas; to enforce our Terms of Service; to protect the security or integrity of our Services; and to exercise or protect the rights, property, or personal safety of our employees, Users, or others.

How We Store Your Information

Storage and Processing:

1. Your information collected through the Service may be transmitted through, processed in, and/or stored in the United States or any other country in which Curate Software, a company in the same group of companies as Curate Software, or Service Providers maintain facilities.
2. Curate Software may transfer information that we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
3. By registering for and using the Services you consent to the transfer of information to the U.S. or to any other country in which Curate Software, a company in the same group of companies as Curate Software, or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
4. We use commercially-reasonable safeguards to help keep the information collected through the Services secure (such as SSL certificates) and take reasonable steps (such as requiring an adequately strong password) to verify your identity before granting you access to your account. However, due to the nature of Internet communications, Curate Software cannot ensure the security of any information you transmit to Curate Wine or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed.
5. Please do your part to help us. You are responsible for maintaining the secrecy of your password and account information, and for controlling access to emails between you and Curate Wine, at all times. Your privacy settings may also be affected by changes the social media services you connect to Curate Wine make to their Services. We are not responsible for the functionality, privacy, or security measures of any other organization.

YOU UNDERSTAND AND AGREE THAT YOU ARE USING CURATE WINE AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF CURATE WINE AND UNDERSTAND THAT THE INFORMATION YOU SHARE THROUGH CURATE WINE IS SHARED AT YOUR OWN RISK.

How long we keep your User Content:

1. Following termination or deactivation of your account, Curate Software may retain account information (including your profile information) for a commercially-reasonable time for backup, archival, and/or audit purposes. Curate Wine reserves the right to perpetually display User Content submitted by you and made public, pusuant to your privacy settings, indefinitely.
2. If you have any questions about termination or deactivation of your account, please contact us directly (see below).

Electronic Communications Privacy Act

Curate Software abides by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2701-2711 (“ECPA”). All e-mail messages, text messages, and other electronic communications sent through Curate Wine are only viewable by those to whom they are sent and are considered as confidential and private except as required by law, including, but not limited to, the ECPA. Curate Wine is not considered a “secured communications medium” under the ECPA. We have a limited ability to intercept and/or disclose electronic messages. Some of the situations under which Curate Software is allowed to intercept and disclose electronic messages is when Curate Software receives a court order, subpoena, warrant, or other legal demand and when Curate Software receives information that appears to be related to a criminal act.

Children’s Privacy

Curate Wine does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Services. The Services and its content are not directed at minors under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us immediately (see below).

Other Websites and Services

We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them. Please remember that when you use a link to go from our Services to another website or service, our Privacy Policy does not govern your interactions with those websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own terms and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and grant them to access your User Content, you do so at your own risk.

Changes to Our Privacy Policy

Curate Software may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Curate Wine or the Services after any modification to this Privacy Policy will constitute your acceptance of such modification.

How to Contact Us

If you have any questions about this Privacy Policy or the Services, please contact us via email at [email protected] or by postal mail at: 18117 Biscayne Blvd #2147, Aventura, FL, 33160-2535