Effective Date: January 5th, 2021
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE/SERVICES/PRODUCTS (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE/SERVICES/PRODUCTS IN ANY MANNER.
Welcome to Curious Lees. Please read on to learn the rules and restrictions that govern your use of our website(s), services, and products. If you have any questions, comments, or concerns regarding these terms or the website/services/products, please contact us at chloe@curiouslees.com.
These Terms and Conditions (the “Terms”) are a binding contract between you and Chloe and Michael Lee (the “Company Owners”) and its subsidiaries (collectively “Curious Lees” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the website/services/products. Your using the website/services/products in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the website/services/products. These Terms include the provisions in this document, as well as those in the Privacy Policy and the Copyright Policy.
Will these Terms ever change?
We are constantly trying to improve our website/services/products, so these Terms may need to change along with the website/services/products. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on Curiouslees.com website, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the website/services/products. If you use Curious Lees website/services/products in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Curious Lees takes the privacy of its users very seriously. For the current Curious Lees Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Curious Lees does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the website/services/products or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at chloe@curiouslees.com.
What are the basics of using Curious Lees?
Curious Lees is a blogging, vlogging website/services/products where Chloe and Michael Lee provide, produce, and share their knowledge, opinions, content, and experiences in their life and life in general.
We do not claim to be experts or professionals or certified with any and all content that is shared and or discussed on our website/services/products. You must do your own due diligence and cannot hold us liable for any action, thoughts, comments, or anything else you use or influence in your life. Curious Lees website/services/products are for entertainment, educational, and informational purposes only- not legal or financial advice and no guarantees.
With the blogging, vlogging format Curious Lees may have online commenting or forums and we make a reasonable effort to vet each user and may possibly use one or more, third party agencies. However, Curious Lees can’t and won’t be responsible for ensuring that information a user provides about himself or herself is accurate or up-to-date or not offensive. We don’t control the actions of any user, and users aren’t our employees.
Users must not enter into separate agreements outside of Curious Lees relating to the website/services/products (“Outside Agreement”). If you do enter into any Outside Agreement, we may terminate your Curious Lees account and ban you from further engagement with our website/services/products and you acknowledge that Curious Lees is not a party to and isn’t responsible for any Outside Agreement.
You represent and warrant that you are an individual and are at least thirteen (13) years old. In order to use the website/services/products, you will be required to sign up for an account by either providing us with your email address and creating a password, or through your account with certain third-party social networking services, such as Facebook and Google (“SNS Account”).
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select an email address or SNS Account that you don’t have the right to use, or that is under another person’s name with the intent to impersonate that person. You may not transfer your Curious Lees account to anyone else without our prior written permission. You may not share your account or password with anyone and must protect the security of your account and your password. You are responsible for any activity associated with your account.
You will only use the website/services/products for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the website/services/products is prohibited by applicable laws, then you aren’t authorized to use the website/services/products. We can’t and won’t be responsible for your using the website/services/products in a way that breaks the law.
Your use of the website/services/products is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the website/services/products or interact with the website/services/products in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Curious Lees);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Curious Lees account or anyone else’s (such as allowing someone else to log in to the website/services/products as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the website/services/products, or any processes that run or are activated while you are not logged into the website/services/products, or that otherwise interfere with the proper working of the website/services/products (including by placing an unreasonable load on the website/services/products’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the website/services/products or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website/services/products.
A violation of any of the foregoing is grounds for termination of your right to use or access the website/services/products.
What are my rights in the website/services/products?
The materials displayed or performed or available on or through the website/services/products, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the website/services/products, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Curious Lee’s) rights.
You understand that Curious Lees owns the website/services/products. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the website/services/products.
The website/services/products may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Curious Lees or to other users?
Anything you post, upload, share, store, or otherwise provide through the website/services/products, such as profile information or user reviews, is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the website/services/products, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.
For all User Submissions, you hereby grant Curious Lees a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the website/services/products, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Curious Lees account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Curious Lees the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the website/services/products necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Curious Lees the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the website/services/products necessary to do so. Also, you grant such other specified users, and Curious Lees a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the website/services/products.
If you share a User Submission publicly on the website/services/products, and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the website/services/products (each of the foregoing, a “Public User Submission”), then you grant Curious Lees the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Curious Lees users and providing the website/services/products necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the website/services/products and/or otherwise in connection with Curious Lee’s business. Curious Lees reserves the right to delete, or restrict, and Public User Submissions we deem inappropriate for the website and other users. We also reserve the right to terminate users accounts for repeated content violations. Also, you grant all other users of the website/services/products a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the website/services/products.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your Curious Lees account, we will stop displaying your Limited Audience User Submissions. Public User Submissions remain fully available to other users. To request deletion of Public User Submissions, please contact us here chloe@curiouslees.com. You understand and agree that it may not be possible to completely delete that content from Curious Lee’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Curious Lees, in performing the required technical steps to provide the website/services/products to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the website/services/products that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Curious Lees, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. Review our complete Copyright Policy and learn how to report potentially infringing content.
Who is responsible for what I see and do on the website/services/products?
Any information or content publicly posted or privately transmitted through the website/services/products is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content, or for any damages or loss you might suffer in connection with it. We can’t control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the website/services/products. Despite Curious Lee’s best efforts to stay current with continually evolving online security measures, we can’t guarantee the identity of any users with whom you interact in using the website/services/products and are not responsible for users which gain access to the website/services/products via nefarious means.
You are responsible for all Content you contribute, in any manner, to the website/services/products, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the website/services/products.
The website/services/products may contain links or connections to third party websites or services that are not owned or controlled by Curious Lees. When you access third party websites or use third party services or products, you accept that there are risks in doing so, and that Curious Lees is not responsible for such risks. These links may include affiliate links where we may receive a small commission from you visiting the link and/or purchasing a service or product. We encourage you to be aware when you leave the website/services/products, and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize, and read and understand any applicable Outside Agreement and/or terms and conditions and privacy policies.
Curious Lees has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the website/services/products (including any other registered user of Curious Lees). In addition, Curious Lees will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the website/services/products, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the website/services/products, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Curious Lees shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with any third party, including other users of Curious Lees. Additionally, you will at all times, at your own expense, procure and maintain adequate insurance policies in amounts sufficient to cover any property damage or personal injury that may arise in the course of receiving the website/services/products.
If there is a dispute between participants on this site, or between users and any third party, you agree that Curious Lees is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Curious Lees, its owners, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our website/services/products. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will Curious Lees ever change the website/services/products?
We’re always trying to improve the website/services/products, so they may change over time. We may suspend or discontinue any part of the website/services/products, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the website/services/products. We’ll try to give you notice when we make a material change to the website/services/products that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the website/services/products at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the website/services/products cost anything?
At this time Curious Lees does not charge for use of website/services/products. However, we realize that may become an option in the future. When this arises and a need of refund occurs, Curious Lees will refund user purchases and payments in accordance with our Refund Policy. All payments will be processed through a third-party payment processor (the “Payment Processor”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error made by the Payment Processor.
What if I want to stop using the website/services/products?
You’re free to do that at any time, by contacting us at chloe@curiouslees.com; please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our website/services/products.
Curious Lees is also free to terminate (or suspend access to) your use of the website/services/products or your account, for any reason in our discretion, including your breach of these Terms. Curious Lees has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer.
Neither Curious Lees nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the website/services/products, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website/services/products. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased in connection with the website/services/products. We do not make any representations about, confirm, or endorse, the nature, safety, or cleanliness of any product or brand. Such representations, if any, are made in the applicable terms of the product or brand, to which you consent when purchasing or using. THE WEBSITE/SERVICES/PRODUCTS AND CONTENT ARE PROVIDED BY CURIOUS LEES (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE/SERVICES/PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CURIOUS LEES (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CURIOUS LEES IN CONNECTION WITH THE WEBSITE/SERVICES/PRODUCTS IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.
You agree to indemnify and hold Curious Lees, its affiliates, owners, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the website/services/products (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your website/services/products account, in any way (by operation of law or otherwise) without Curious Lee’s prior written consent. Curious Lees may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of law’s provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Diego County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Diego County, California, or the Southern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CURIOUS LEES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the website/services/products, provided that Curious Lees may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Curious Lees agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Curious Lees, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Curious Lees, and you do not have any authority of any kind to bind Curious Lees in any respect whatsoever.
You and Curious Lees agree there are no third-party beneficiaries intended under these Terms.