TERMS AND CONDITIONS
Welcome to CURIOUSHAT.COM, an informational, educational and entertainment-oriented website designed for youthful visitors of all ages!
Latest Update: May 15, 2012
- CONTENT OWNERSHIP. All information available on this website, including but not limited to all articles, pictures, message boards, chat rooms, tools, quizzes, products, events, courses and/or other content (“content”) is the sole property of Curious Hat. Curious Hat’s content is protected by the intellectual property laws of the United States (and otherwise throughout the world), and you may not post, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any content available on the Curious Hat website, including without limitation articles, pictures, trademarks or literary material, without the express written permission of Curious Hat. Content available on the Curious Hat website is for personal, non-commercial, private informational purposes only. You do not acquire any proprietary rights in any Curious Hat content even if you download such content.
- PUBLIC FORUMS. As a Curious Hat member, you may have access to and be able to participate in public forums such as blogs, chat rooms, message boards and various other services. You alone are responsible for the content of your messages and the consequences of any such messages, and any information you disclose in these public forums becomes public information. We ask that you use discretion and exercise appropriate caution when providing information or posting messages. Curious Hat may decide to use the content of public forums, including interaction with the experts and/or content from chat rooms and message boards throughout our website (including archives). By submitting content to any message boards, chats, expert features, question and answer forums or otherwise submitting content to Curious Hat, you: (i) expressly permit Curious Hat to identify you by your member name as the contributor of such content in any publication in any forum, media or technology now known or later developed; (ii) grant Curious Hat a royalty-free, perpetual, irrevocable non-exclusive license and right (including any rights of droit morale or so-called “moral rights”) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, exploit, perform and display the content you have submitted in perpetuity throughout the universe in all media whatsoever; and (iii) permit any member to access, display, view, store and reproduce such content for personal use.
- BE CONSIDERATE AND LAWFUL. You agree not to use Curious Hat to send or post messages or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually oriented, ethnically or racially offensive, inaccurate, or which encourages conduct that could constitute a criminal offense, gives rise to civil liability, violates the rights of third parties or any applicable local, state, national or international law. Curious Hat reserves the right to delete any material whatsoever from the Web Site in its sole discretion. Curious Hat will cooperate with any law enforcement officials and/or agencies in the investigation of any person who violates the provisions of this paragraph.
- RIGHT TO “OPT OUT”. Curious Hat reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and subsequent inquiries, but you will always have the opportunity to “opt out” of receiving any products or services that you do not wish to receive.
- CHANGES. Curious Hat may change the Terms of Service in response to changing business circumstances and legal developments and revisions will be reflected by a change in the date in the “Last Updated” line at the top of this page. All changes will appear on CuriousHat.com in these “Terms of Service.” By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. We will not reduce your rights under this Terms of Service without your explicit consent.
- OTHER USES. Curious Hat will ask for your consent before using information for a purpose other than those that are set out in the Terms of Service.
- NOTICE OF UNAUTHORIZED OR INCORRECT USES. If you believe that any content published on Curious Hat may infringe on intellectual property owned by you or a third party, or if you access your personal information on our site and if that information is wrong, please provide the details in a written notice to firstname.lastname@example.org addition. When updating your personal information, we may ask you to verify your identity before we can act on your request. Curious Hat may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes). Where Curious Hat can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from any backup systems.
- TECHNOLOGY ISSUES. Curious Hat shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Curious Hat website (inclusive of any and all software).
- YOUR REPRESENTATIONS AND WARRANTIES. You warrant, represent and agree that: (i) you are either over the age of 18 or have the permission of your parent or legal guardian to visit this website ; (ii) any information that you provide to Curious Hat will be true and accurate; (iii) that you have the right to submit any and content submitted to Curious Hat, grant the licenses granted herein and that any submitted content is original to you and does not violate the rights of third parties; (iv) that you will not post, publish, transmit, attempt to reverse engineer or otherwise dismantle any or all software and/or other intellectual property maintained or otherwise found on this website; (v) you will not attempt to gain unauthorized access to other computer systems (i.e., “hack”) or gather, harvest, mine, “collect” or store information about the users or content of this website other than “bookmarking” as that term is commonly understood; and (vi) will not post, publish, or submit any material that violates the rights of third parties.
- INDEMNIFICATION. You hereby indemnify, defend and hold Curious Hat and its respective licensees, affiliates and all its respective officers, directors, owners, agents and licensors, harmless from and against any and all liability damages and costs (including reasonable attorney fees) incurred by you as a result of your use of Curious Hat, the violation of these Terms of Service by you, or the infringement by you (or any other subscriber or user of your account), of any intellectual property or other right of any person or entity.
- DISCLAIMER OF LIABILITY. BY USE OF THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO AT YOUR SOLE RISK. CURIOUS HAT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURIOUS HAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CURIOUS HAT MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE CURIOUS HAT WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CURIOUS HAT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT, INFORMATION OR PRODUCTS AVAILABLE AT CURIOUSHAT.COM OR BY CURIOUS HAT. CURIOUS HAT WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE CURIOUS HAT WEB SITE. DOWNLOADING FROM THE CURIOUS HAT WEB SITE AND ALL MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK AND YOU UNDERSTAND AND AGREE THAT CURIOUS HAT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT, INFORMATION OR PRODUCTS PROVIDED IN CONNECTION WITH CURIOUS HAT. CURIOUS HAT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT, INFORMATION OR PRODUCTS. CURIOUS HAT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN CURIOUS HAT, ITS DIGITAL PRODUCTS OR SERVICES. CURIOUS HAT MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED, OBTAINED OR IDENTIFIED BY OR THROUGH CURIOUS HAT. CURIOUS HAT MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH CURIOUS HAT MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST CURIOUS HAT WITH RESPECT TO SUCH SITES.
- CONFIDENTIALITY. Curious Hat currently uses industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide and to prevent against its loss or misuse. In addition, Curious Hat restricts access to personal information to Curious Hat employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict confidentiality obligations. Although Curious Hat will exercise reasonable care to provide a secure transmission of data, no data transmission over the internet can be guaranteed to be 100% secure and Curious Hat cannot guarantee that the personal information you submit will be free from unauthorized intrusions.
- ENFORCEMENT. When Curious Hat receives formal written complaints, we will contact the person who made the complaint to follow up. Curious Hat works with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
- HYPERLINKS TO OTHER WEB SITES. The Website may contain links to other related internet websites, resources, affiliates and/or other unrelated third parties of Curious Hat. Curious Hat is not responsible for the availability of these third party websites or their content, and Curious Hat is not a sponsor, partner, promoter nor publisher of such websites or their content. You should direct any concerns regarding any external link to the website administrator of such site.
- APPLICABLE LAWS. You agree that the laws of the State of Delaware, excluding its conflicts-of-law rules, shall govern these Terms of Service. Please note that your use of Curious Hat may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Curious Hat or relating in any way to your use of Curious Hat, resides in the courts of San Mateo County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located therein in connection with any such dispute and including any claim involving Curious Hat or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
- REACH OF AGREEMENT. In the event that Curious Hat determines that you have breached any portion of these Terms of Service or have demonstrated conduct inappropriate for Curious Hat, Curious Hat reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Curious Hat) that you have violated these Terms of Service; (ii) delete any or all content provided by you; (iii) discontinue your use of services provided by Curious Hat; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) do any or all of the foregoing or take any other action which Curious Hat deems to be appropriate.
- MISCELLANEOUS PROVISIONS.
- No delay or failure to take action under this Agreement shall constitute any waiver by Curious Hat of any provision of this Agreement.
- If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect.
- This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
- This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. Curious Hat shall have the right to assign its rights and obligations under these Terms of Service and upon such assignment, Curious Hat may be relieved of any further obligation hereunder.
- This Terms of Service Agreement and any other additional terms and changes, as the same may be posted on Curious Hat, constitutes the complete and exclusive agreement between Curious Hat and you with respect to the subject matter hereof, and supersedes all prior understandings, communications or agreements not specifically incorporated herein.