By accessing or using any part of the Services you agree to become bound by the Policies. If you use our Services for your company, you accept the Policies for your company. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by elCurator, acceptance is expressly limited to these terms.
Your elCurator organization (crew) and personal accounts
If you create an account for your organization (the crew) or yourself on elCurator, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your account or shared contents in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. elCurator’s team may change or remove any description or contents that it considers inappropriate or unlawful, or otherwise likely to cause elCurator’s liability. You must immediately notify elCurator of any unauthorized uses of content publication, your account or any other breaches of security. elCurator will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an account, comment a content published on the Service, post material to crew and world environment, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for that Content and any harm resulting from that Content. It is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- The reading and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- You have either received permission from your employer to post or make available contents of your company.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- Your crew is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your crew’s name is not the name of a person other than yourself or company other than your own.
- Your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile name is not the name of a person other than yourself.
Payment and Renewal
According to our pricing plans, payments will be charged on a postpay basis one month after the day you signed up for an account and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify elCurator before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Plan section of your crew administrator dashboard.
Responsibility of Service Visitors
elCurator has not reviewed, and cannot review, all of the material, including Contents and comments, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, elCurator does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful 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 Conditions, stated or unstated. elCurator disclaims any responsibility for any harm resulting from the use of the Service.
As elCurator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that Content located on or linked to by the Service violates your copyright, you are encouraged to notify elCurator. elCurator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. elCurator will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of elCurator or others. In the case of such termination, elCurator will have no obligation to provide a refund of any amounts previously paid to elCurator.
This Agreement does not transfer from elCurator to you any elCurator or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with elCurator. elCurator, elCurator.net, the elCurator’s logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of elCurator or elCurator’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any elCurator’s or third-party trademarks.
elCurator may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a billing account, such account can only be terminated by elCurator if you materially breach this Agreement and fail to cure such breach within thirty (30) days from elCurator’s notice to you thereof. Provided that, elCurator can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided “as is”. elCurator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither elCurator nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
Limitation of Liability
In no event will elCurator, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to elCurator under this agreement during the twelve (12) month period prior to the cause of action. elCurator shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless elCurator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between elCurator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of elCurator, or by the posting by elCurator of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of France, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Paris, France. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; elCurator may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
elCurator reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. elCurator may also, in the future, offer new services and/or features through the Website (including, the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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