Terms of Service

curioZities, LLC Website and Blog Terms of Service

1. General

The following Terms of Service (“TOS”) constitute the entire Agreement (“Agreement”) entered into by you and curioZities, LLC, a Florida Limited Liability Company (“curioZities” “us,” “we,” “our,” “ours”), regarding the curioZities website  or blog (the “Service,” the “Site”) you are visiting.  By using this Service you agree to be bound by this Agreement.

2. Description of Service

The Service provides information, news, links to external websites (including referrals for which the Service may be compensated; see our Affiliate Compensation Disclosure policy, which is hereby incorporated into this TOS, for details), advertising and other content to visitors.

You understand and agree that the Service is provided “AS-IS” and that we do not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on the Service.  The content on the Service does not dispense medical, legal or professional advice, nor does it prescribe any course of action or strategy that should be undertaken without the advice of a trained, qualified, duly certified professional.  Information presented on the Service is for informational purposes only.  You are responsible for your own actions should you use any information found on the Service.  Please also review our Medical, Legal, Financial, Professional Disclaimer, which is hereby incorporated into this TOS by reference.

Although most of the articles, posts and other content on the Service are produced by curioZities, the views presented by authors of articles, posts and other content not under the control of curioZities do not necessarily reflect the views of curioZities, LLC, its management team or owner(s).

The Ads displayed on, and websites linked to, by the Service are developed by people over whom curioZities exercises no control.  The Service offers a variety of links to numerous external websites, and Ads served by several providers.  Although curioZities attempts to screen Ads and websites linked to from the Service, it is not possible for us to screen all Ads and websites.  As such, you may find some Ads and/or websites linked to from the Service objectionable, inappropriate, or offensive. We cannot guarantee that Ads and/or websites linked to from the Service will not lead to unintended or objectionable content and assume no responsibility for the content of any site linked to by Ads or otherwise from the Service.  However, should you find such material, we request that you report it to us immediately via email at curioZities at yahoo dot com. Please be sure to include a link to the offending website (URL beginning with “http://” or “https://”) and as much detail as possible.

Your correspondence or business dealings with, or participation in promotions of, advertisers or other websites found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or website.  You agree that curioZities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or websites on the Service.

For more information, also see our Privacy Policy, which is hereby incorporated into this TOS.

3. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Copyrights, Trademarks and the Digital Millennium Copyright Act (DMCA)

Unless otherwise noted, the Service and the content thereof is owned by curioZities. Any other material posted on the Service, to include trademarks and Ads, is the respective property of its owner.  If you become aware of any copyright or trademark infringement on the Service, please visit our Digital Millennium Copyright Act (DMCA) Compliance policy, which is hereby incorporated into this TOS, for details on reporting it.

5. Disclaimer of Warranties

curioZities disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Service.  curioZities disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.  curioZities disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.

THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ON THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER.  CURIOZITIES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  CURIOZITIES DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.  CURIOZITIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.  CURIOZITIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CURIOZITIES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE.  ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CURIOZITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).  THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.  THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE.  SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall curioZities be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation: Internet failures; computer equipment failures; telecommunication equipment failures; other equipment failures; electrical power failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; tropical storms; cyclones; hurricanes; tornadoes; explosions; acts of God; war; governmental actions; orders of domestic or foreign courts or tribunals; non-performance of third parties; or loss of or fluctuations in heat, light, or air conditioning.

7. Indemnification

You agree to indemnify and defend curioZities, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim, liability or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of a third party.

8. Miscellaneous

This Agreement shall be governed by Florida law except for its conflicts of laws principles and adjudicated in Miami-Dade County, Florida.  This Agreement constitutes the entire agreement between curioZities and you with respect to the subject matter hereof.  Any notices to curioZities must be sent to: curioZities, LLC, 8724 Sunset Drive, #121, Miami, FL 33173 via first class or air mail or overnight courier, and are deemed given upon receipt.  If any provision of this Agreement is found to be unenforceable, then any remaining provisions of the Agreement will remain in full effect.  You may not assign any of your rights under this Agreement, and any such attempt is void.  This agreement is subject to change with no notice to you other than what is posted on curioZities.com.

Last updated on: May 16, 2016

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