Terms & Conditions
Last updated: October 3, 2016
These Terms of Service (“Terms”) are an agreement between you and Curio, created and operated by Startup Foundry, LLC (together, “Curio”, “Startup Foundry”, “We”, Or “Us”), an Illinois limited liability company with its principal place of business in Chicago, Illinois. By visiting usecurio.com or using Curio mobile apps, you represent that you are at least 18 years old, legally able to enter into contracts, and have read and consent to these Terms without change. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone and you agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of your use of usecurio.com. If you do not agree to all the Terms or the related policies referenced in this Agreement, please do not use Curio.
This Agreement is effective on October 3, 2016 and we may update it from time to time. All updates take effect immediately and your continued use of usecurio.com and our mobile apps after such time will signify your acceptance of this Agreement.
1. Description of Our Service. Curio uses artificial intelligence to discover, schedule, share and analyze the best content for your audience right when they want it (collectively, “Services”). To deliver our services, Curio accesses publicly available information from social networking sites and services as well as non-public data that you authorize us to access and collect.
2. Who May Use The Services. You may use the Services only if are at least 13 years old and you agree to form a binding contract with Us and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
4. Free Trials, Paid Accounts and Renewals. Curio sometimes offers free trials for new customers. You do not need to provide a valid credit card to start a free trial. When the free trial expires, you will need to choose a paid plan and provide us with a valid credit card. You are responsible to maintain current and accurate credit card information on file with our merchant payment provider, in order to ensure uninterrupted service.
By entering into a paid plan subscription, you agree to pay the recurring monthly fees associated with such plan. You can cancel or change your plan at any time. Unless you notify us before the renewal date of your auto-renewing paid plan that you wish to cancel or downgrade, your paid subscription will automatically renew for the subsequent term. Paid subscriptions are non-refundable. If we are unable to charge your credit card for any reason, we reserve the right to suspend your paid plan until we are able to successfully charge your credit card.
You are responsible (for yourself if you’re an individual and on behalf of any entity if you’re acting on behalf of a legal entity), for your use of the Services and for any Content you provide, including compliance with all applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Your use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed through any Content or via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
6. Using Curio. We constantly evolve our Services and they may change from time to time, at our sole and absolute discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain, at our sole discretion, the right to create limits on use and storage. We may also remove or refuse to distribute any Content on the Services, and suspend or terminate users, without liability to you.
You can browse some areas of our site without telling us who you are. You will need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You may end your legal agreement with Us at any time by deactivating your account(s) and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us;or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 9, 10, 12 through 19.
7. Consent to Receive Communications and Notices. When you create an account on usecurio.com, you agree that we may send you communications including but not limited to, system emails, newsletters, special offers, as well as account reminders and updates. You also understand and agree that you can remove yourself from these communications by modifying your notification preferences on your account page.
You can control most communications from Us concerning the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
8. We Grant You A Limited License. Assuming you comply with all terms in this Terms, we grant you a personal, worldwide, royalty-free, non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for the Services to be used on usecurio.com and via our mobile apps. The license term begins with your first use of usecurio.com or our mobile apps and shall continue until the earlier of termination or until your account is deactivated.
9. Intellectual Property Rights. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. We retain all right, title and interest in and to our products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not directly or indirectly through others: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services. The design, text, graphics and selection and arrangement of the site and Services, together with the documents, FAQs and all other content found on usecurio.com or via our mobile apps ("Curio Content") are copyrighted by Startup Foundry, LLC, all rights reserved. Curio, Use Curio, along with names or slogans displayed on our site, are trademarks of Startup Foundry, LLC. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of usecurio.com is the service mark, trademark and/or trade dress of Startup Foundry, LLC and you may not copy, imitate or use it, in whole or in part, without our prior written consent. All goodwill generated from the use of our trademarks is reserved for our use, exclusively. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Acceptable Use Of usecurio.com And Our Mobile Apps. You agree that you will use usecurio.com and our apps only for lawful purposes and in a lawful manner. You agree that you will not:
- register under a false name or use an invalid or unauthorized email or physical address;
- create a false identity, represent yourself as someone else, or sign, without lawful authorization, an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices;
- use another person's account without permission;
- use usecurio.com or the mobile apps if you are not able to form legally binding contracts or are under the age of 18;
- use an invalid or unauthorized payment method;
- violate any laws, third party rights, or our rights;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute viruses or any other technologies that may harm us, or the interests or property of our users;
- copy, modify, or distribute content from usecurio.com, our mobile apps and/or our copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
usecurio.com contains robot exclusion headers. Much of the information on usecurio.com is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access usecurio.com for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us or content that we suggest via the Services) from usecurio.com without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of usecurio.com or any activities conducted on usecurio.com; or (d) bypass any measures we may use to prevent or restrict access to usecurio.com. Startup Foundry, LLC grants the operators of public search engines permission to use spiders to copy public facing materials from usecurio.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
11. Copyright and DMCA. Curio respects the intellectual property rights of others and expects users of the Services to do the same. Curio reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with our Designated Copyright Agent: Startup Foundry, LLC/Curio Legal Attn: Legal Department 311 N. Aberdeen Street, Suite 200A, Chicago, IL 60607 Email: email@example.com
12. Links and Third Party Sites. You may find on usecurio.com and in our mobile apps, links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on usecurio.com or in our mobile apps does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
13. Disclaimer of Representations and Liability. The information, software, products, and services we provide through usecurio.com and our mobile apps may include inaccuracies or typographical errors. We may improve or change our services at any time. Your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, STARTUP FOUNDRY, LLC AND ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (i) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (ii) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (iii) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (iv) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STARTUP FOUNDRY LLC, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE DISCLAIMERS OF REPRESENTATION AND LIABILITY STATED IN THIS SECTION 13 APPLY WHETHER OR NOT WE WERE WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. STARTUP FOUNDRY LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF (a) $100 OR (b) THE AMOUNT PAID BY YOU TO CURIO FOR THE 3 MONTHS PRECEDING THE ACTION GIVING RISE TO YOUR CLAIM FOR LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
14. Indemnity and Release. You agree to release, indemnify and hold us and our agents and affiliates, together with our and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Services, your violation of these Terms, or your violation of any rights of another person or entity.
If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), 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.” You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.
You will not hold us liable to you or any other user for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.
This Site is controlled and offered by us from facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so as their own choice and are solely responsible to comply with local law.
15. Dispute Resolution By Binding Arbitration and Class Action Waiver. As a condition to your use of the Services, and subjects to any exceptions below, you and we mutually agree to resolve all dispute through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written entries, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice of arbitration you send to us should be addressed to Startup Foundry, LLC/Curio, 311 N. Aberdeen Street, Suite 200A, Chicago, IL 60607, Attention: Legal Department. We will send notices to you to your address as set forth in our records of your account on usecurio.com or such other legal address we are able to identify.
You understand and acknowledge that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't permitted.
Notwithstanding our agreement to arbitrate our disputes, the following exceptions will apply to the resolution of disputes between us:
We may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services without first engaging in arbitration or the informal dispute-resolution process described above.
We may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
If our agreement is found to be inapplicable or unenforceable for any reason, then you agree that as a condition to your use of the Services, any resulting judicial proceedings will be brought in the federal or state courts of Chicago, Illinois, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts in Chicago, Illinois.
We may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. You may reject any changes made by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Startup Foundry, LLC/Curio, 311 N. Aberdeen Street, Suite 200A, Chicago, IL 60607, Attention: Legal Department.
16. Controlling Law. This Agreement is governed in all respects by the laws of the State of Illinois without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against us must be resolved by a court located in Cook County, Illinois, or as described in the Arbitration paragraph above. You hereby submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes. ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US OR OUR AGENTS, AFFILIATES, OFFICERS, EMPLOYEES, OR DIRECTORS MUST BE COMMENCED WITHIN 30 DAYS AFTER IT ARISES, OR THE CAUSE OF ACTION IS BARRED.
18. Waiver, Severability and Assignment. Our failure to enforce a provision is not a waiver of our right to enforce the same or a different provision later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the services.
19. Reservation of Rights. We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately prevent or restrict access to usecurio.com, our mobile apps or to our services, or take any other action in case of technical problems, objectionable material, inaccuracies, unlawful content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitted Content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with Content submitted by users.
20. Modifications. We may revise these Terms from time to time. We will always post the most current version on our site and tell you the last time the Terms were updated. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised Terms.