TERMS OF SERVICE
These are the terms and conditions governing your use and participation in any CURATE INTERNATIONAL COLLECTIONS owned and operated websites, including www.curateic.com and virtualshow.curateic.com and the Curate virtual trade show software (collectively, the “Curate Software”). By using and registering on the Curate Software, you agree to these terms, which form a binding legal contract between Jockisch & Partner, LLC, a limited liability company organized under the laws of the State of Washington, United States., dba Curate International Collections (“Curate” or “Owner” or “Organizer”) and the user and registered participant (“you” or “Participant” or “Exhibitor”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.
The Curate Software is available to users who are 18 years of age or older. By accessing the Curate Software, you represent and warrant that you are of legal age to form a binding contract with Curate and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access the Curate Software.
CURATE PROPRIETARY RIGHTS:
You acknowledge and agree that the Curate Software, including without limitation, its content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret, and other intellectual property laws (Curate's "Proprietary Information").
The Proprietary Information also includes, without limitation, the software programming and HTML and other code contained in the Curate Software, and any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available in the Curate Software.
All Proprietary Information in the Curate Software is owned by or licensed to Curate and may only be used pursuant to this Agreement.
The following terms apply to each user of the Curate Software.
Your Commitments: You agree that you will always use the Curate Software in compliance with the terms of this Agreement and any other policies and standards provided to you by Curate. You promise Curate that you have the legal right to enter into this Agreement and to use the Curate Software. You promise that your activities with Curate won't violate anyone else's rights. You also agree to comply with all applicable laws and regulations. You agree to defend, indemnify and hold harmless Curate, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Curate Software, including, but not limited to, any use of the Curate Software content and products other than as expressly authorized in the Agreement or your use of any information obtained from the Curate Software.
User Generated: The Curate Software may provide certain ways for you to participate in surveys, contests, promotions, or to otherwise communicate with other Curate Software users or visitors or with us by submitting content to the Curate Software. When you submit content, you agree to abide by the following terms:
1. You represent and warrant that:
a. you have all necessary right, power and authority to grant the license set forth here and to submit, post, email, upload, transmit or otherwise make available (hereafter "Submit" or "Submitted") the content Submitted by you; and
b. content Submitted by you does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy, publicity or other proprietary property right of any third party.
2. You will not use the Curate Software to Submit content that:
a. you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
b. promotes or contains information that you know, or should know, is false or misleading;
c. furthers or promotes any criminal activity or enterprise or provides instructional information about criminal or otherwise illegal activities;
d. contains a photograph(s) of, or information about, another person that you have posted without that person's consent;
e. contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
f. is transmitted in an attempt to impersonate another person or user of the Curate Software.
3. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above.
4. You acknowledge that Curate does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you, and Curate expressly disclaims any and all liability in connection with your use of the Curate Software and any content you Submit to the Curate Software. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Curate.
5. By submitting content to the Curate Software, you are granting to Curate a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use). The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content, and any net promoter score questionnaire responses. You are also granting us the non-exclusive right to seek to enjoin or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or any other reason either before or after it is published in Curate's sole discretion, and it may or may not be attributed to you by name and city (if provided to us), and it may or may not be attributed to you by your Curate Software username (if you have one). You are not entitled to any compensation or reimbursement of any kind from Curate or its affiliates under any circumstances for your Submitted content.
6. You will not attempt (or encourage or authorize others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Curate Software, and you agree to notify Curate immediately if you are aware of such an attempt.
7. You acknowledge and agree that Curate has no obligation to review or monitor content Submitted by you. You acknowledge that Curate is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Curate Software.
8. You also acknowledge and agree that, notwithstanding Paragraph 7, Curate reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or no reason and Curate has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to Curate. Curate will review the material, and if appropriate, may remove or edit the material; however, these options may not be available or may not occur immediately.
9. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Curate that incorporates information, photographs, data, or other materials that you Submitted. You acknowledge and agree that Curate may use any such Submitted information in a compilation and that Curate is the sole owner of any such compilation of Submitted information.
Acceptable Uses: You agree that you will not use the Curate Software in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
1. Transmitting unsolicited commercial email messages to users of the Curate Software;
2. Imposing a disproportionate load on the Curate Software or its server infrastructure, whether through a denial of service attack or otherwise;
3. Attempting to interfere with the operation of the Curate Software;
4. Circumventing the Curate Software technological protection or security mechanisms;
5. Using a spider, scraper, or other automated technology to access the Curate Software;
6. Attempting to gain unauthorized access to the personal, personally identifiable, or payment information of a user of the Curate Software ;
7. Harassing a user of the Curate Software;
8. Posting or transmitting content through the Curate Software that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
9. Posting or transmitting content through the Curate Software that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
10. Posting or transmitting content through the Curate Software that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
11. Posting or transmitting content through the Curate Software that is obscene, lewd, lascivious, or otherwise illegal.
Consent to Electronic Communications: If you provide your email address to Curate, you consent to receive communications from Curate to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Termination: You may discontinue your use of the Curate Software at any time, and Curate may terminate your access to the Curate Software for any reason or no reason. Termination of access to the Curate Software will not release either party from any obligations incurred prior to the termination, and Curate may retain and continue to use for its internal purposes any information previously provided by you. Curate will not be liable to you or any third party for termination of access or use of the Curate Software. Termination of this Agreement will not have any effect on the disclaimers, waiver, or liability limitations provided under this Agreement, and all of those terms will survive any termination of this Agreement.
Disclaimer of Warranty and Limitation of Liability: This Agreement describes all of Curate's obligations in the event of any loss or damage resulting from your participation in the Curate Software. To disclaim warranties and to provide for certain limitations on our liability,
we are required to provide the following information in this format:
CURATE PROVIDES AN ONLINE VIRTUAL FASHION TRADE SHOW. CURATE DOES NOT PROVIDE OR SELL CLOTHING OR OTHER FASHION PRODUCTS AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF THE CURATE SOFTWARE, FASHION DESIGNERS OR CLOTHING MANUFACTURERS OR ANY THIRD-PARTY PROVIDER OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CURATE HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE FASHIONS, CLOTHING, FASHION ACCESSORIES AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH THE CURATE SOFTWARE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CURATE MAKES NO WARRANTY THAT THE CURATE SOFTWARE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE CURATE SOFTWARE, AND ANY PRODUCTS ACQUIRED THROUGH IT, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURATE WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL CURATE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OTHER THAN, CURATE’S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
No Agency: Curate does not intend to appoint you or any other user of the Curate Software as its employee, legal agent, or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Curate, and Curate will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.
No License: The Curate Software and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Curate, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as part of the intended use of the Curate marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All rights are expressly reserved.
Copyright Complaints: We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Curate Software — in a manner that constitutes copyright infringement, please provide us with the following written information.
1. A description of the copyrighted work that you claim has been infringed upon;
2. A description of where the material that you claim is infringing is located on the Curate Software, including the URL of the page on which it appears;
3. Your address, telephone number, and email address;
4. 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
5. 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 authorized to act on the copyright owner's behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Notice of claims of copyright infringement on the Curate Software should be sent to Curate, Attention: Copyright Notice, 329 25th Ave. E, Seattle, Washington, 98112, USA.
Miscellaneous: This Agreement states the entire understanding between you and Curate concerning your participation in the Curate Software and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of Curate. You will remain responsible for your obligations contained here in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Curate. Curate's failure to exercise any right under this Agreement will not constitute a waiver of any other right Curate may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. You and we agree to submit to the personal jurisdiction of the state and federal courts with jurisdiction over King County, Washington, USA.
TERMS FOR PARTICIPANTS
Who you are: As a Participant in the Curate Software, you represent and warrant that you are a clothing fashion buyer or producer of fashion media and news.
Access: Your registration entitles you access to the Curate Software to the view the fashion collections of and interact with the Exhibitors. Any and all other costs associated with your attendance shall be borne solely by you, and Virtual Event shall have no liability for such costs. By registering as a Participant, you agree not to sell, trade, transfer, or share your access link and/or code, unless such transfer is granted by the Curate. If Curate determines that you have violated this policy, Curate may cancel your access.
TERMS FOR EXHIBITORS
Who you are: As an Exhibitor in the Curate Software, you represent and warrant that you are a fashion designer, producer or representative.
Curate will provide you an exclusive Virtual Exhibition Space on the Curate Software wherein you can Submit content related to your fashions and interact with Participants.
Payment and Terms: The Exhibitor Fee is the total fee payable by the Exhibitor to the Curate in respect of the licensing of the Virtual Exhibition Space. The amount and payment terms are stated on the Exhibitor Fee Confirmation. All payments are non-refundable except as otherwise expressly provided herein. The entire Exhibitor Fee must be paid in full by the deadline indicated on the Exhibit Fee Confirmation to have access to the Virtual Exhibition Space. If the Exhibitor fails to pay the entire Exhibitor Fee at the time specified, or fails to comply with any of the terms and conditions or rules and regulations, Curate may remove the Exhibitor’s access to the Virtual Exhibition Space.
Cancellation/Termination - If the Exhibitor cancels or breaches this Agreement for any reason whatsoever, in addition to whatever rights the Curate may have under applicable law, any payments made by the Exhibitor prior to the date of termination shall be retained by Curate as liquidated damages and not as penalty. Curate and the Exhibitor agree that such amounts constitute a reasonable provision for liquidated damages. The Exhibitor shall also be liable for any payments required to be paid but not paid as of date of cancellation or breach of this Agreement. If the Virtual Exhibition Space shall become inaccessible to the Exhibitor or a Participant at any time for any reason, Curate shall not be required to refund the Exhibitor Fee or be liable for any damages, whether foreseen or not, to the Exhibitor.
Assignment or “Subletting” of Space - The Virtual Exhibition Space is for use by the Exhibitor only. The Exhibitor may not assign this Agreement and may not permit or “sublet” all or any part of its Virtual ExhibitionSpace to any other business, unless Curate has given prior written approval. Any such assignment, permission or “sublease” without Curate’s prior written approval shall be null and void. The Exhibitor is not permitted to give their Virtual Exhibition Space, either fully or in part, to a third party, whether for payment or free of charge.
Licenses/Permits – The Exhibitor shall be responsible for obtaining any licenses, permits or approvals required under local or state law applicable to the Exhibit and activity in the Virtual Exhibition Space. The Exhibitor shall be responsible for paying all taxes, license fees or other charges that shall become due to any government authority in connection with the Exhibit and their activities in the Virtual Exhibition Space.