Terms and Conditions

Welcome to our Site.Welcome to www.curatemobile.com  ("the Site"). 
The Site is an Internet property of Curate Media Ltd. These Terms of Use Form a Contract.1.    By using the Service, you electronically agree that the following terms govern your use of the Site (the "Terms of Use"). You should not use the Site if you do not agree to these Terms of Use. Please review these Terms of Use carefully since it constitutes a legally binding contract between you and us ("the Contract"). In addition, when using particular website services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Contract.2.    By using the Site, you consent to receive notices and updated terms from us electronically and you consent to the terms of our Privacy Policy which are published on the Site. You agree that all content offered through the Site (the "Content") is licensed, not sold, and subject to copyright and trademark protection. We grant you permission to use the Site and such Content only in accordance with these Terms of Use.3.    You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this website under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use the Site. We take the safety of minors very seriously, and encourage parents, legal guardians and other responsible adults to be actively involved in helping their minors learn about and use safe internet practices. Usage Rules.YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL CURATE MEDIA OR ITS AFFILIATED COMPANIES, THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, "CURATE MEDIA GROUP") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CURATE MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM CURATE MEDIA'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, CURATE MEDIA GROUP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CURATE MEDIA GROUP'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.The Site may include features that allow you to submit and download Content you or other users of the Service create ("User Content") and the hosting, sharing and/or publishing of such User Content. Our respective rights and obligations with respect to User Content will be governed by these Terms of Use. We will have no liability to you with respect to any User Content, including with respect to the confidentiality of any submissions by you.You will be solely responsible for your User Content and we will have no responsibility for the consequences of any downloading, use or posting of User Content on the Site or for use in connection with the Service.We may at any time, without prior notice or liability to you, remove any User Content from the Site and the Service for any reason in our sole and absolute subjective discretion.You will not attempt to alter or modify any part of the Site or use the Site for any purpose other than its intended purpose, and subject to these Terms of Use.You will not use the Site in any way that may damage, disable, overburden, or impair our servers or networks or interferes with any other party's use and enjoyment of the Site. You will not try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. Ownership of the Content and the Site; License.The Content and the Site are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We, our vendors, licensors and suppliers who provide the Content on the Service own the property rights to the Content. All rights in such Content are reserved with the owners of such Content. You may only use the Site subject to the terms of these Terms of Use. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under the "License" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by us of information or materials on the Site does not constitute a waiver of any right in such information and materials.License. GWM grants you a revocable, non-exclusive and non-transferable license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view the Content and navigate through the pages and links generally available to the public using a standard Internet browser, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Links to Other Web Sites.The Site may now, or in the future from time to time, contain links to third-party websites. If you decide to leave the Site and access any third-party website, you do so at your own risk. We do not control, investigate, monitor or check such websites, and we are not responsible for the computer programs available from, content in or opinions expressed at such websites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. Indemnification.Upon a request by Us, You agree to defend, indemnify, and hold harmless us and our subsidiaries, owners and other affiliates, and our and their employees, licensees, service providers, and our and their respective owners, representatives, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Entire Contract.These Terms of Use, policies, rules and guidelines posted on the Site constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Choice Of Law And Location For Resolving Disputes.The law of the State of California governs this contract and any claim or dispute that you may have against us, without regard to California's conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Los Angeles, California. You irrevocably consent to the venue and jurisdiction of such courts.BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN LOS ANGELES, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS Assignments; Third Party Beneficiaries.We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.Our service providers are express third party beneficiaries of these Terms of Use and may (subject to our agreements with them) enforce our rights with respect to any infringement by you of the rights of our Service Providers without joining us in any suit. Contact InformationCurate Media Ltd.25 Liberty StreetSuite 205Toronto, Ontario M6K 1A6Canadainfo@curatemobile.com