Terms and Conditions

Welcome to CURIOSITYVILLE® (the “Service”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”).

This document sets forth the terms and conditions governing your use of the Service (collectively, the “Terms and Conditions”). In these Terms and Conditions, “you” refers to you individually and you on behalf of any child authorized by you to use and access the Site. In order to use the Service, you must agree to the Terms and Conditions. By accessing, signing in and/or using the Service, you specifically agree to be legally bound by the Terms and Conditions and any modifications thereto. If you do not agree with all of the following Terms and Conditions, please do not use this Site.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO CREATE A CURIOSITYVILLE® ACCOUNT.

Account Information.

The Service may require you to register an account before use. Should you choose to register for the Service, you agree to provide accurate and current information about yourself and to promptly update such information as necessary in order to ensure that it is accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such password or account. Further, you agree to notify CURIOSITYVILLE INC of any unauthorized use of your password or account.

Home Use.

The Service is available for home use on a subscription basis. If you subscribe, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. CURIOSITYVILLE INC reserves the right to modify its pricing at any time (except for recurring charges). Unless otherwise stated, subscription services will automatically renew for the same time period until you cancel your subscription. You will continue to have access to CURIOSITYVILLE INC until the end of the billing period.

Limited Time Free Subscriptions.

From time to time, offers of limited time free subscriptions may be made available to first-time customers of the Service. These may not be combined with any other offer. Only one free time subscription may be redeemed per household or institution. Upon registering, your credit card account will not be billed until the free period has expired. UPON EXPIRATION OF THE FREE PERIOD, YOUR CREDIT CARD WILL BE CHARGED THE MONTHLY RATE THEN IN EFFECT. During the term of your free period, you will be entitled to the same Service provided to subscribers or a lower level of service, at CURIOSITYVILLE INC’s sole discretion. To cancel your subscription and prevent a charge on your credit card, login into your account and select “cancel” in the section entitled subscription information before the free period expires.

User’s Obligation to Abide By Applicable Law.

In connection with the use of the Service, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Service includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

No License; Intellectual Property of CURIOSITYVILLE INC and Other Parties.

Except as expressly provided, nothing herein or within the Service shall be construed as conferring any license under any of CURIOSITYVILLE INC’s or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of CURIOSITYVILLE INC, its affiliates, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of the Terms of Service, including, without limitations, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a “Notice”) from the Service; (b) make a use of the Service for any purpose other than the purpose for which such intellectual property is made available to you through the Service; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of any software, applications or programs used in connection with the Service; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software, applications or programs used in connection with the Service.

Prohibition Against Rogue Programming.

You shall not post, transmit or make available in any way through the Service any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). CURIOSITYVILLE INC has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Service is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of CURIOSITYVILLE INC may, in the course of their regular duties, have access to communications for technical or operational purposes. CURIOSITYVILLE INC may also disclose any communications to the extent permitted or required by law.

Content of Information.

You are responsible for the content of any information you post to, or save in, the Service. CURIOSITYVILLE INC has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Service from users. CURIOSITYVILLE INC reserves the right to review any information that is or becomes available on the Service. CURIOSITYVILLE INC reserves the right to remove any information that is, in CURIOSITYVILLE INC’s sole discretion, unacceptable, undesirable or in violation of these rules. However, CURIOSITYVILLE INC has no obligation to exercise such reservation of rights by CURIOSITYVILLE INC.

Disclaimer of Warranties.

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CURIOSITYVILLE HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR PROMISES, EXPRESS OR IMPLIED, AS TO:

  • the Site (including the Content and the User-Generated Content, if any);
  • the functions, features, or any other elements on, or made accessible through, the Site;
  • whether your child will learn anything from using the Site;
  • any products, services, resources or instructions offered or referenced at or linked through the Site;
  • whether the Site (and its Content), or the servers that make the Site available, are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
  • whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
  • whether any defects to the Site will be repaired;
  • whether any philanthropic partner endorses the Service; and
  • whether your use of the Site is lawful in any particular jurisdiction.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Limitation of Damages.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CURIOSITYVILLE INC, OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST CURIOSITYVILLE INC AND/OR CURIOSITYVILLE INC LICENSORS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, CURIOSITYVILLE INC FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Service Modifications.

You acknowledge and agree that CURIOSITYVILLE INC reserves the right at any time in its sole discretion to modify or discontinue the Service with or without notice to you, and that CURIOSITYVILLE INC will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

Termination.

You acknowledge and agree that CURIOSITYVILLE INC, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where CURIOSITYVILLE INC believes that you have violated any of the Terms and Conditions. You further agree that CURIOSITYVILLE INC shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of CURIOSITYVILLE INC in operating the Service, your sole and exclusive remedy is to discontinue using the Service. Any amounts payable for the Service shall be payable in advance and CURIOSITYVILLE INC shall not be required to refund to you any amounts prepaid for use of any Services and shall neither be required to refund to you any amounts charged to you subsequent to termination for the billing period during which services were rendered.

Trademarks.

CURIOSITYVILLE® is a trademark of CURIOSITYVILLE INC. All product, brand and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of CURIOSITYVILLE INC or the owner of the mark, as appropriate, is strictly prohibited.

Copyright Notices.

All information and content contained on, or made available over, the Service are: Copyright © 2012 CURIOSITYVILLE INC, and/or its licensors. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and CURIOSITYVILLE INC.

Territory.

You acknowledge that the Service is restricted for use in the United States of America and its territories.

Governing Law.

The Terms and Conditions constitute the entire agreement between CURIOSITYVILLE INC and you pertaining to your use of the Service and supersede any prior agreements between you and CURIOSITYVILLE INC. CURIOSITYVILLE INC’s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland, USA and the federal laws of the United States of America applicable therein.

Arbitration.

If any controversy, allegation, or claim arises out of or relates to the Site or these Terms and Conditions (collectively, “Dispute”), the Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitrator will apply applicable law and the provisions of these Terms and Conditions, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) and determined by a single neutral arbitrator who is a lawyer or a retired judge, using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879

http://www.adr.org

JAMS: 949.224.1810

http://www.jamsadr.com

Small Claims Matters Are Excluded.

Either party may bring a qualifying claim of Disputes in small claims court. Small claims may not be aggregated to meet or exceed jurisdictional limits of trial courts of general jurisdiction.

Modifications to the Terms and Conditions.

CURIOSITYVILLE INC reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time and from time to time. Any change becomes effective immediately upon the posting thereof. Please review the Terms and Conditions periodically. Your continued use of the Service is conditioned upon your acceptance of any modifications hereto.

If you have any questions or concerns regarding this Agreement, please contact Curiosityville by e-mail:lee@curiosityville.com.

Last modified on November 15, 2012.