Terms of Service

Curate With Me is the best way to share and discover any product or service that you are passionate about. Please treat the service and the community with respect. Spam, personal attacks and abusive language do not have a place on Curate With Me.

These Terms of Service ("Terms") govern your access to and use of Curate With Me’s website, products, and services ("Products"). Please read these Terms carefully. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Using the Service

You may use our Products only if you can form a binding contract with Curate With Me, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You are solely responsible for the information associated with your account and anything that happens related to your account. You may not license, transfer, sell, or assign your account without our written approval.

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Curate With Me, (2) suspend or terminate your account, and/or (3) remove any of your content from Curate With Me.

We reserve the right to monitor Curate With Me, and your use of the Products means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all. Curate With Me is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful.

Your Content

a. Posting content

Curate With Me allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights except as described below, and you are solely responsible for the User Content you post to Curate With Me.

You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Curate With Me.

b. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Curate With Me, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Curate With Me and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Curate With Me.

c. How Curate With Me and other users can use your content

You grant Curate With Me and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, save, store, distribute, reproduce, re-post, modify, create derivative works, perform, and display your User Content in any medium for any purpose, including commercial purposes, and to authorize others to do so. Nothing in these Terms shall restrict other legal rights Curate With Me may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

In the event that you post or otherwise use User Content outside of Curate With Me, with the exception of the content was entirely created by you, you agree to follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:

  • You will ensure that any such use of User Content visually displays or otherwise indicates the source of the User Content as coming from Curate With Me. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.

  • You will ensure that any such Internet use of User Content includes a hyperlink directly to the list on Curate With Me (e.g., http://www.curatewith.me/list/12345), without any “nofollow” command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.

 

Copyright

Curate With Me respects the intellectual property rights of others and we expect people on the service to do the same. It is our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.
 
In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we will respond quickly to claims of copyright infringement on Curate With Me that are reported to our designated copyright agent, identified below.
 
If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Curate With Me by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent. When we get your DMCA notice, we will take whatever action we think is appropriate, which may include removing the reported content in part or in whole from the service. 

If we remove content in response to a DMCA notice, we may notify the person who posted it on Curate With Me so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

Submit a copyright complaint
To submit a DMCA notice, please send the following information to our designated copyright agent:

  1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.

  2. Identify the content on Curate With Me you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on Curate With Me.

  3. Provide your mailing address, phone number and email address. Include both of these statements in the body of your notice:

 "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."
 
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed."
 
Please include your full legal name and your electronic or physical signature (for example, by typing your full name). Send your completed DMCA notice to:

Lisa Mak
Sharely LLC
33 West 60th Street, 2nd Floor
New York, NY 10023
Phone: (475) 212-5590
Email: copyright@curatewith.me

What if I get a copyright complaint (DMCA) notification?
If you’ve gotten a notification that one of your posts has been removed for a copyright complaint, it means the content owner asked us to remove it. If you want us to forward the information from the copyright complaint notification, just email us at copyright@curatewith.me to let us know (we may remove some personal contact information). 

If your account gets too many copyright complaints, you could lose the ability to post new lists or new items on Curate With Me, or we may disable your account altogether.
 
If you think we made a mistake removing your post, you can file a counter-notice. When we get a valid counter-notice, we’ll remove the complaint from your account's record.  
 
How to file a counter-notice
Email your counter-notice to copyright@curatewith.me and include all of the following:

  1. Your name, address and phone number.

  2. The DMCA ID found at the bottom of the notification email.

  3. The web address of the content we removed (copy and paste the link from the notification email).

  4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.

  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Curate With Me may be found, and that you’ll accept service of process from the person who provided the original complaint.

  6. A physical or electronic signature (for example, by typing your full name).

Third party websites

Users may gain access from the Products to third party sites on the Internet through hypertext or other computer links on the service. Third party sites are not within the supervision or control of Curate With Me. Unless explicitly otherwise provided, Curate With Me makes no representation or warranty whatsoever about any third party site that is linked to, or endorse the products or services offered on such site. Curate With Me disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Curate With Me with respect to such sites and third party content.

Curate With Me is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

Moderators

Moderating a list is an unofficial, voluntary position. We reserve the right to revoke that position for any user at any time. If you choose to create and/or moderate a list, you agree to the following:

  • You may not enter into any form of agreement on behalf of Curate With Me, or the list which you moderate, without our written approval.

  • You may not perform moderation actions in return for any form of compensation or favor from third-parties, without our written approval.

  • When you receive notice that there is content that violates this user agreement on lists you moderate, you agree to remove it.

You agree that Curate With Me is not responsible for the actions taken or not taken by moderators.

Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

CURATE WITH ME SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Curate With Me takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

You are responsible for all of your activity in connection with the Products. Any fraudulent, abusive, or otherwise illegal activity or any use of the Products or User Content in violation of this Agreement may be grounds for termination of your right to access the services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURATE WITH ME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CURATE WITH ME'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

All the things you do and all the information you submit or post to Curate With Me remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

You agree to hold Curate With Me, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Curate With Me, your violation of this user agreement, and/or your violation of the rights of any third party or person.

We want you to enjoy Curate With Me, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at feedback@curatewith.me.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in New York County, New York or the United States District Court for the District of New York.

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

General Terms

Notification Procedures and changes to these Terms. Curate With Me reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Curate With Me without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Curate With Me in connection with the Products, shall constitute the entire agreement between you and Curate With Me concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Curate With Me's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Content Policy

Stuff you can’t post

You aren’t allowed to post anything that:

  • Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services.

  • Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm.

  • Promotes self-harm, eating disorders or hard drug abuse.

  • Attacks, bullies or harasses nonpublic people.

  • Is gratuitously violent or gory.

  • Infringes anyone's intellectual property, privacy or other rights.

  • Is fraudulent or deceptive.

  • Contains any information or content that’s illegal.

Things you can’t do

You also aren’t allowed to:

  • Use Curate With Me’s name, logo, trademark or branding without our consent.

  • Access, tamper with or use non-public areas of Curate With Me, our systems or our technical providers' systems.

  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks.

  • Use any method to access, search, scrape, download or change Curate With Me or anything on it.

  • Post large amounts of unwanted or repetitive stuff, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost views, likes, upvotes, comments or other metrics.

  • Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent.

  • Use Curate With Me user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Curate With Me to send altered source-identifying information.

  • Try to reverse engineer any of Curate With Me’s software.

  • Try to interfere with any Curate With Me user, host or network, for example by sending a virus, overloading, spamming or mail-bombing.

  • Collect or store personally identifiable information from Curate With Me or its users without their permission.

  • Impersonate or misrepresent your affiliation with any person or entity.

  • Do anything that violates applicable law or regulations.

  • Share your password, let anyone access your account or do anything that might put your account at risk.

  • Sell your username or otherwise transfer it for compensation.

  • Create or show ads that look like or could be confused with Curate With Me content.

  • Directly compensate users for posting, liking or upvoting.

People should be able to find things on Curate With Me that actually interest them. We believe that compensating people for making contributions to Curate With Me would promote inauthentic behavior.

We may remove anything for any reason, including if we think it goes against any of these rules or our Terms of Service. We also reserve the right to suspend any user for any reason.

Effective as of October 1, 2018.