Effective Date: 10/11/2012
Last updated: 11/6/12
Through the Service we offer an online inventory of beautiful and unique jewelry, home décor and gifts (“Products”). Each week, we launch a variety of short-lived pop-up shops from exceptional vendors in our product categories. These shops offer Products for about a week, during which Members can purchase the Products at a discount. The Products are then fulfilled either by us or by the vendors themselves.
You are required to pay the fees associated with Products you purchase. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any purchase, and you agree to pay all charges resulting from your purchase of Products at the prices then in effect, including any unauthorized charges incurred prior to your notifying Curio Road of such charges. You agree that Curio Road may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate Products purchased through the Service.
All Products shall be shipped F.O.B. shipping point and title and risk of loss shall pass to you upon delivery of Products to a common carrier. Some of our Products ship from our warehouse facilities, while others are shipped directly from our vendors. Arrival times may vary accordingly. We provide estimated arrival times for each Product in your shopping cart, but are not liable for any delays that may occur.
Our shops typically feature Products that are limited in supply and sold at a discount. For this reason, most orders are final sale and not eligible for returns. Your shopping cart will clearly display which Products, if any, are eligible for returns.
Your satisfaction is always our highest priority. If you have a problem with a Product you ordered that is not eligible for returns, email us at email@example.com and we will look into the matter.
You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Service, you will need to register as a member (a "Member") by creating an account. During the registration process, you will have to provide your name and email address, and create a password for your user account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. If you choose to purchase Products through the Service, you will be required to provide your billing adress,shipping address, and credit card information.
Use of Personal Data.
The Site and the Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Curio Road (collectively referred to as the “Content”). The Content is owned by us or by our third party licensors, and is protected under both United States and foreign laws. The Content includes the trademarks, service marks, and logos of Curio Road used and displayed on the Site and the Service, which are registered and unregistered trademarks or service marks of Curio Road.
Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:
- Use the Content except as permitted under this Agreement;
- Use our trademarks except with our permission for each use;
- Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
- Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose;
- Use or post the Content on any other website or in a networked computer environment
Our community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Service, you hereby agree that:
- You will not use the Service for any unlawful purpose;
- You will not spam or use the Service to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site or the Service, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Curio Road attempts to be as accurate as possible with products descriptions and prices. However, Curio Road does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Curio Road’s vendors, Curio Road shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Curio Road shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, Curio Road shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy set forth in this Agreement
Disclaimer and Limitation of Liability.
NONE OF CURIO ROAD, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CURIO ROAD PARTIES”) ENDORSE OR RECOMMEND ANY PRODUCTS SOLD THROUGH THE SITE OR THE SERVICE. NONE OF CURIO ROAD PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY PRODUCTS YOU PURCHASE OR ANY TRANSACTION YOU ENTER INTO THROUGH THE SITE OR THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF CURIO ROAD PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE SERVICE. NONE OF CURIO ROAD PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR THE SERVICE IS ASSUMED SOLELY BY YOU. NONE OF CURIO ROAD PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT, SERVICE, OR PRODUCTS INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE.
IN NO EVENT SHALL ANY OF CURIO ROAD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICE, OR THE PRODUCT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS CURIO ROAD PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Advertisements on this Site.
We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
You agree to defend, indemnify, and hold the Curio Road Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Service; (iii) any transaction entered into by you through the Service; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
Compliance with Applicable Laws.
The Site and the Service is based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Site, the Service, or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Service, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We may terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
If you believe this Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
902 Broadway, 4th Floor
New York, NY 10010
To contact our Copyright Agent by email, please write to firstname.lastname@example.org with COPYRIGHT NOTICE in the subject line.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Curio Road to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contain the entire agreement of the parties concerning this Site, the Serv