* TERMS OF SERVICE *
This Terms of Service is originally created by the nice people at Automattic and modified by Curator & Mule. It is available under the Creative Commons Sharealike license.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Curator & Mule, acceptance is expressly limited to these terms.
2. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
3. Your Curator & Mule Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account and Curator & Mule Page ("Page"), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Page. You must not describe or assign keywords to your Page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Curator & Mule may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Curator & Mule liability. You must immediately notify Curator & Mule of any unauthorized uses of your Page, your account or any other breaches of security. Curator & Mule will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
4. Responsibility of Website Visitors
Curator & Mule has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Curator & Mule does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Curator & Mule disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Curator & Mule links, and that link to Curator & Mule. Curator & Mule does not have any control over those non-Curator & Mule websites and webpages, and is not responsible for their contents or their use. By linking to a non-Curator & Mule website or webpage, Curator & Mule does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Curator & Mule disclaims any responsibility for any harm resulting from your use of non-Curator & Mule websites and webpages.
6. Copyright Infringement and DMCA Policy
As Curator & Mule asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Curator & Mule violates your copyright, you are encouraged to notify Curator & Mule. Curator & Mule will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Curator & Mule will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Curator & Mule or others.
7. Intellectual Property
This Agreement does not transfer from Curator & Mule to you any Curator & Mule or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Curator & Mule. Curator & Mule, curatorandmule.com, and all other trademarks, service marks, graphics and logos used in connection with curatorandmule.com or the Website are trademarks or registered trademarks of Curator & Mule or Curator & Mule's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Curator & Mule or third-party trademarks.
Curator & Mule reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Curator & Mule may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Curator & Mule may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Curator & Mule account (if you have one), you may simply email us at firstname.lastname@example.org.
10. Disclaimer of Warranties
The Website is provided "as is". Curator & Mule and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Curator & Mule nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability
In no event will Curator & Mule, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Curator & Mule under this agreement during the twelve (12) month period prior to the cause of action. Curator & Mule shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You agree to indemnify and hold harmless Curator & MuleCurator & Mule, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.