Curie Vision Terms of Service
Last Updated: March 23, 2021
Please read this Terms of Service (the "Agreement") carefully before using the mobile application or web-(the “Asset”) provided by CurieVision, Inc. (“Curie”). This Agreement sets forth legally binding terms and conditions between you ("You" or “User”) and CurieVision, Inc. ("Curie"). This Agreement governs your use of the mobile application the “Application”). A link to this Agreement, including all related documentation, can be displayed within the Application. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. Services. Curie Vision offers the Application for personal, business, household, or consumer use. Curie Vision makes the Application available to Users to help Users solicit the services of third-party creators to generate three-dimensional models of a product (the “Media Asset”), using product photos (“Curie Vision Services”). The Application enables Users to upload photos of a product to solicit the services of third-party creators in developing the Media Asset (“Creator Services”).
Curie Vision Services include making the Media Asset available for viewing within an iFrame element embedded within Your webpage. Curie Vision Services do not include making the Media Asset available for download.
2.Your Use of Services. To use most aspects of the Application, you are required to register and maintain a user account (the “User Account”). You must be of the age of legal majority in your jurisdiction to obtain a User Account. User account registration requires you to submit to Curie, personal information as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your User Account. Failure to do so may result in your inability to access and use the Application. You are responsible for all activity that occurs under your User Account.
3.Payment. Curie may charge for Curie Vision Services you receive via the use of the Application. Payment of charges relating to Curie Vision Services will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Curie.
Curie Vision does not charge You for payments of charge to Creators for Creator Services rendered via the use of the Application. Creators may charge you for Creative Services that you solicit through the Application.
4.Responsibility of User. As a user of the Application, You are solely responsible for protecting your account (e.g., your user ID and password) that has been provided to you by Curie Vision now or in the future. You are also solely responsible for securing your password and mobile device, as well as restricting access to your password and your mobile device while logged into the Application. You agree to accept responsibility for all activities that occur under your account or from your mobile device. You agree to immediately notify Curie Vision of any unauthorized use of your account, password, or any other breach of security, and to accept all risks of unauthorized access to any content or other information You provide through the Application.
5.Application, License Grant. Subject to the terms and conditions of this Agreement, Curie Vision grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with this Agreement and the Application’s documentation.
6.Media Asset, License Grant. Curie Vision grants you a perpetual, worldwide, non-exclusive, royalty-free, fully-paid up, non-transferable license to embed the Media Asset within an iFrame element of your webpage. Curie Vision does not grant you a license to download the Media Asset.
Curie Vision reserves all right, title, and interest in the Media Asset, and the work that Curie Vision performs under this Agreement that is not explicitly licensed to You under this Agreement.
7. License Restrictions. You may not use the Application for anything other than a lawful, legitimate, and authorized purpose. If You engage in a prohibited use of the Application, Curie Vision has the right to prohibit You from any future use of the Application. Any content You introduce to the Application as a result of or which constitutes an impermissible use, as determined in the sole discretion of Curie, may be removed from the Application. If You engage in a prohibited use of the Application, You will be liable to Curie Vision for any damages it incurs as a result.
Prohibited uses include:
(a) copying the Application, except as expressly permitted by this license;
(b) modifying, translating, adapting, or otherwise creating derivative works or improvements of any software related to the Application, whether or not patentable;
(c) reverse engineering, disassembling, decompiling, decoding, or otherwise attempting to derive or gain access to the source code of the Application or any part thereof;
(d) removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) removing, disabling, circumventing, or otherwise creating or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
(g) Additional prohibited uses of the Application include, but are not limited to, the following: (i) conducting any deceptive and unfair trade practices; (ii) placement on the Application of any untrue, malicious, fraudulent, harassing, offensive, or defamatory material, or any material that is irrelevant to the legitimate use of the Application; (iii) introduction of viruses, worms, or other programming routines that are intended to disrupt or interfere with the intended operation of the Application; (iv) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (v) unauthorized alteration of any data or information supplied by another user of the Application; (vi) any activity that infringes on the copyright, patent, trademark, or other rights of any person or entity.
8.Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. All rights in the Application not expressly granted under this Agreement are reserved by Curie and its licensors and service providers. Curie Vision and its licensors and service providers retain all right, title, and interest in and to the Application and all copyrights, trademarks, patents, and other intellectual property rights therein or relating thereto.
10. Updates. Curie Vision may, from time to time, in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete, in their entirety, certain features, and functionality. You agree that Curie has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either of the following may occur:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
11. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). Because Curie Vision has no ownership or control over such sites, You acknowledge and agree that Curie Vision is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Curie Vision does not endorse and is not responsible for the content of any Third-Party Materials that are displayed on or made available from such Third-Party Sites. You further acknowledge and agree that Curie Vision shall not be liable, directly or indirectly, for any damage or loss to You caused or that is alleged to have been caused by or in connection with your use of or reliance on Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third party’s terms and conditions.
12.Term and Termination. (a) The term of this Agreement commences when you download, install or use the Application (whichever occurs first) and will continue in effect until terminated by you or Curie Vision as set forth in this Section 7.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Curie Vision may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(e) Termination will not limit any of Curie’s rights or remedies at law or in equity.
13. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS IS" WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CURIE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CURIE VISION PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURIE VISION OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR ANY OTHER INTANGIBLE LOSS), ARISING OUT OF OR RELATED TO ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CURIE VISION OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CURIE VISION AND ITS AFFILIATES, AND ANY OF ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, FOR ALL CLAIMS, ARISING OUT OF OR RELATED TO ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE PURPOSE OF EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT WILL APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
15. Indemnification. You agree to indemnify, defend (at Curie’s option), and hold harmless Curie Vision and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, demands, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to your use or misuse of the Application or your breach of this Agreement, including the foregoing representations, warranties, and covenants, or any term of any document it incorporates by reference, or your violation of any law, any contract or the rights of a third party, including without limitation, attorneys fees, and costs.
16. Export Regulation. The Application may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule or to the United Nations Convention on Contracts for the International Sale of Goods.
18. Jurisdiction: Any legal suit, action, or proceeding that is permitted under this Agreement, shall be instituted exclusively in the federal courts of the United States located in King County Washington, or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.
19. Dispute Resolution and Arbitration
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ESTABLISHING AN ACCOUNT OR USING THE SERVICES.
THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATION WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR YOUR ACCOUNT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU DO NOT WISH TO BE BOUND BY ANY OF THE FOREGOING, YOU MUST REFRAIN FROM USING THE SERVICES OR YOUR ACCOUNT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is Curie’s goal to ensure that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Curie is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Curie, you acknowledge and agree that you will first give Curie Vision an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: firstname.lastname@example.org or mailing address: 2200 Thorndyke Ave W, Ste 405, Seattle, WA 98199.
You then agree to negotiate with Curie in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within ninety (90) days after Curie’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of the Services or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Curie’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Curie Vision and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon your filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration, and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with Curie Vision as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Curie Vision agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OR CUSTOMER OF CURIE VISION OR ANY OTHER PARTY WITH A CLAIM AGAINST CURIE VISION FROM OR RELATING TO THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND CURIE VISION BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action, or proceeding by you related in any way to the Services or this Agreement, be instituted more than one (1) year after the cause of action arose.
20. Modification of this Agreement. Curie Vision reserves the right, at its discretion, to change this Agreement on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, you will be required to accept the modified Agreement in order to continue to use the Application. Material modifications are effective upon your acceptance of the modified Agreement. Immaterial modifications are effective upon publication. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
22. Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
23. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
24. Assignment. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent.
25. Relationship. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
26. Headings. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision.
27. Survival. Upon expiration or any termination of this Agreement, Sections 7, 8, 9, 11, 12(d), 12(e), 13-19, and 21-26 will survive.
28. Contact Information and Consumer Rights Notice. This Application is offered by CurieVision, Inc., located at 2200 Thorndyke Ave W, Ste 405, Seattle, WA 98199. You may contact Curie Vision by sending correspondence to that address or by emailing us at email@example.com. If you are a California resident, you may have this Agreement e-mailed to you by sending a letter to the address above with your e-mail address and a request for this Agreement. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.