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Curiosity Stream — Terms of Use
| Snapshot 2026-05-21 00:05 UTC | Snapshot 2026-05-21 15:42 UTC | ||||
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| t | t | 1 | # Terms of Use | ||
| 2 | |||||
| 3 | Effective Date: March 19, 2024 | ||||
| 4 | |||||
| 5 | These Terms of Use ("Terms of Use") apply to all websites, apps, and services op | ||||
| > | erated and controlled by CuriosityStream Inc. (either "we," "us" or "CS") or a t | ||||
| > | hird party agent of CS, and other websites, apps, and services where these Terms | ||||
| > | of Use are posted (the "Sites"). The Sites include, without limitation, the ser | ||||
| > | vices offered on or in connection with the Curiosity Stream ( https://curiositys | ||||
| > | tream.com/ ), Curiosity U ( https://www.onedayu.com/ ), and Learn25 ( https://ww | ||||
| > | w.learn25.com/ ) websites and any related mobile applications or platforms. Thes | ||||
| > | e Terms of Use set forth legally binding terms that govern and restrict your use | ||||
| > | of the Sites. | ||||
| 6 | |||||
| 7 | YOUR AFFIRMATIVE ACT OF (1) PURCHASING A SUBSCRIPTION ON THE SITES, MAKING ANY O | ||||
| > | THER TYPE OF PURCHASE ON THE SITES, OR OTHERWISE USING THE SITES (EXCEPT FOR THE | ||||
| > | LIMITED PURPOSE OF READING THESE TERMS OF USE, OUR PRIVACY POLICY, OR OTHER LEG | ||||
| > | AL DOCUMENTS OR NOTICES PRESENTED TO YOU ON THE SITES) OR (2), IF YOU ARE A USER | ||||
| > | BASED IN GERMANY, ACCEPTING THE TERMS OF USE, SIGNIFIES THAT YOU HAVE READ, UND | ||||
| > | ERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF | ||||
| > | USE, YOU MAY NOT PURCHASE A PAID SUBSCRIPTION OR OTHERWISE USE THE SITES. | ||||
| 8 | |||||
| 9 | **IMPORTANT NOTICE** **: PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES SET FORTH | ||||
| > | IN SECTION 18, WHICH REQUIRE ANY DISPUTES BETWEEN YOU AND CS TO BE RESOLVED ON | ||||
| > | AN INDIVIDUAL BASIS (MEANING YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR RE | ||||
| > | PRESENTATIVE CAPACITY) AND INCLUDE A JURY TRIAL WAIVER. SECTION 18 ALSO PROVIDES | ||||
| > | FOR THE POSSIBILITY OF BINDING INDIVIDUAL ARBITRATION IN CERTAIN SITUATIONS, IN | ||||
| > | WHICH CASE, IN ADDITION TO PROCEEDING ON AN INDIVIDUAL BASIS, THE DISPUTE WOULD | ||||
| > | BE RESOLVED BY AN ARBITRATOR RATHER THAN IN COURT. SECTION 18 DOES NOT APPLY IF | ||||
| > | YOU ARE A USER BASED IN GERMANY.** | ||||
| 10 | |||||
| 11 | You understand and agree that the Sites are provided to you on an AS IS and AS A | ||||
| > | VAILABLE basis. We disclaim all responsibility and liability for the availabilit | ||||
| > | y, timeliness, security or reliability of the Sites, the accuracy of any opinion | ||||
| > | or information contained on the Sites, or the availability and reliability of a | ||||
| > | ny software on the Sites. The opinions expressed on the Sites are not necessaril | ||||
| > | y the opinions of CS or its employees and may or may not be totally accurate. Th | ||||
| > | e content provided through the Sites is for educational and informational purpos | ||||
| > | es only. The Sites are not intended to provide tax, legal, accounting, financial | ||||
| > | , or any other form of professional advice. | ||||
| 12 | |||||
| 13 | Certain areas, features, or functionality of the Sites may be subject to differe | ||||
| > | nt or additional terms, rules, guidelines or policies ("Additional Terms"), and | ||||
| > | we may provide such additional rules to you via postings, pop-up notices, links, | ||||
| > | or any other means, or otherwise in the manner required by applicable law, at t | ||||
| > | he time that you access or use the relevant area, feature or functionality and, | ||||
| > | if you are a user based in Germany, before a contract is concluded. From time to | ||||
| > | time, such additional rules may conflict with these Terms of Use. In the event | ||||
| > | of such a conflict, the Additional Terms will control. Any reference to the "Ter | ||||
| > | ms of Use" in this agreement includes the Additional Terms. | ||||
| 14 | |||||
| 15 | ## 1. Ownership of the Sites | ||||
| 16 | |||||
| 17 | The Sites contain copyrighted material, trademarks and other proprietary informa | ||||
| > | tion, including videos, comments, articles, information, catalogs, brochures, da | ||||
| > | ta, text, software, photos, and graphics ("Content"). This Content is subject to | ||||
| > | copyrights and/or other intellectual property or proprietary rights owned by CS | ||||
| > | and other individuals or entities and is protected by United States and interna | ||||
| > | tional intellectual property laws. | ||||
| 18 | |||||
| 19 | ## 2. Use of CS Content | ||||
| 20 | |||||
| 21 | WE ARE PROVIDING YOU WITH ACCESS TO THE SITES PURSUANT TO A LIMITED, NON-EXCLUSI | ||||
| > | VE, NON-SUB-LICENSABLE, NON-TRANSFERABLE, AND REVOCABLE LICENSE. UNDER THIS LICE | ||||
| > | NSE, YOU MAY USE THE SITES AND THE CONTENT SOLELY FOR PERSONAL, NON-COMMERCIAL P | ||||
| > | URPOSES, AS SET FORTH IN THESE TERMS. More specifically, you may use the Sites a | ||||
| > | nd the Content for, and only for, (i) your personal use or (ii) bona fide educat | ||||
| > | ional purposes in a classroom or academic setting. In either case, CS authorizes | ||||
| > | you to view a single copy of the Content as made available on the Sites. | ||||
| 22 | |||||
| 23 | For avoidance of doubt, under no circumstances may the Sites or Content be used | ||||
| > | (i) in or for any commercial or for-profit manner or purpose or (ii) for the pur | ||||
| > | pose of, or with the intention of initiating, future litigation or arbitration, | ||||
| > | including using the Sites in order to trigger or induce an alleged violation of | ||||
| > | any law. You understand and agree that by accepting these Terms of Use, you are | ||||
| > | representing to CS that you are agreeing to the specific provisions herein, and | ||||
| > | that you understand and accept how we collect, use, and disclose your personal i | ||||
| > | nformation and/or other information concerning your use of the Sites pursuant to | ||||
| > | our Privacy Policy ( _see_ Section 15). You further understand and agree that C | ||||
| > | S is justifiably relying on your representation in order to provide you access t | ||||
| > | o the Sites. If you do not agree to these Terms of Use and the practices describ | ||||
| > | ed in our Privacy Policy, DO NOT USE THE SITES, PURCHASE A SUBSCRIPTION OR OTHER | ||||
| > | PRODUCT, AND/OR PROVIDE US WITH ANY PERSONAL INFORMATION. If you later take leg | ||||
| > | al action inconsistent with your representations, you understand and agree that | ||||
| > | such action will constitute evidence that your representations to CS were false | ||||
| > | when they were made to CS, and that your representations were made to defraud CS | ||||
| > | . Use of the Sites for the foregoing purposes is strictly prohibited, exceeds th | ||||
| > | e parameters of the license set forth in this section, and, as such, constitutes | ||||
| > | a breach by you of these Terms of Use. You further understand and agree that in | ||||
| > | such circumstances, CS can elect to void this agreement, without prejudice to C | ||||
| > | S's ability to seek damages, expressly including CS's attorneys' fees, from you | ||||
| > | resulting from your breach of these Terms of Use and/or the fraudulent conduct d | ||||
| > | escribed above. Further, such use of the Sites is not authorized under the Compu | ||||
| > | ter Fraud and Abuse Act, and we reserve the right to bring legal action against | ||||
| > | you in connection with any such violations. | ||||
| 24 | |||||
| 25 | You may not either directly or through use of any device, software, internet sit | ||||
| > | e, web-based service, or other means, modify, publish, transmit, stream, upload, | ||||
| > | display, participate in the transfer or sale of, create derivative works of, or | ||||
| > | in any way exploit the Content of these Sites or any portion of such Content ex | ||||
| > | cept as expressly provided herein. You may not use any data mining, robots, or s | ||||
| > | imilar data gathering and extraction tools on the Content, frame any portion of | ||||
| > | the Sites or Content, or reproduce, reprint, copy, store, publicly display, broa | ||||
| > | dcast, stream, transmit, modify, translate, port, publish, sublicense, assign, t | ||||
| > | ransfer, sell, loan, or otherwise distribute the Content without our prior writt | ||||
| > | en consent. You may not circumvent any mechanisms included in the Content for pr | ||||
| > | eventing the unauthorized reproduction or distribution of the Content. You may n | ||||
| > | ot introduce viruses or any other computer code, files, or programs that interru | ||||
| > | pt, destroy, or limit the functionality of any computer software or hardware or | ||||
| > | telecommunications equipment; or damage, disable, overburden, impair, or gain un | ||||
| > | authorized access to the Sites, including CS's servers, computer network, or use | ||||
| > | r accounts. | ||||
| 26 | |||||
| 27 | Any use of the Content not expressly permitted by these Terms of Use is a breach | ||||
| > | of these Terms of Use and may violate U.S. or international copyright, trademar | ||||
| > | k, and/or other laws. If you violate these Terms of Use, your permission to use | ||||
| > | the Content automatically terminates. | ||||
| 28 | |||||
| 29 | ## 3. Video Content on the Sites | ||||
| 30 | |||||
| 31 | The primary purpose of the Sites is to make available to consumers educational, | ||||
| > | informational and entertainment video content, audiovisual content, and content | ||||
| > | of a like nature (collectively, the "Video Content"). In connection with our pro | ||||
| > | vision of Video Content, the Sites may utilize online targeting technologies and | ||||
| > | code-based tools, including but not limited to social media pixels, Software De | ||||
| > | velopment Kits ("SDKs"), and cookies (i.e., advertising or analytics cookies) th | ||||
| > | at track information about your activity and webpage-viewing history on the Site | ||||
| > | s (collectively, "Targeting Tools") in order to recommend, both on the Sites and | ||||
| > | on third-party sites, tailored Video Content and to gauge performance of Video | ||||
| > | Content, the Sites and CS in general. | ||||
| 32 | |||||
| 33 | Targeting Tools on the Sites may result in information about your activity on th | ||||
| > | e Sites being transmitted from your browser to CS and third parties, which, in t | ||||
| > | urn, may result in the display of targeted advertisements on third-party website | ||||
| > | s and platforms, including advertisements for CS content. You hereby acknowledge | ||||
| > | and agree that our use of certain Targeting Tools is integral to our provision | ||||
| > | of Video Content and to fulfill the purpose of your subscription, and is done in | ||||
| > | the "ordinary course of business," as defined in the Video Privacy Protection A | ||||
| > | ct (18 U.S.C.A. § 2710) ("VPPA"). Without limiting the foregoing, you further un | ||||
| > | derstand and agree that, when you visit a particular webpage on the Sites that c | ||||
| > | ontains Video Content, the fact that you visited that particular webpage is dist | ||||
| > | inct from whether you requested or obtained specific Video Content on such webpa | ||||
| > | ge. Thus, you understand and agree that, for the purposes of the VPPA and any si | ||||
| > | milar laws, rules, or regulations, CS is **not** disclosing whether you have req | ||||
| > | uested or obtained specific video materials or services from CS by virtue of CS' | ||||
| > | s using Targeting Tools that share information with third parties as to whether | ||||
| > | you have viewed particular webpages on the Sites. | ||||
| 34 | |||||
| 35 | In addition, whether Targeting Tools on the Sites result in your browser's trans | ||||
| > | mission of information to third parties depends on a number of factors that may | ||||
| > | be outside of CS's knowledge or control, including what third-party websites you | ||||
| > | use, what information you have provided to such third parties, and whether (and | ||||
| > | the extent to which) you have limited the use of cookies by the operators of th | ||||
| > | ose third-party websites. **AS SUCH, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF T | ||||
| > | ARGETING TOOLS ON THE SITES RESULT IN YOUR BROWSER'S TRANSMISSION OF INFORMATION | ||||
| > | TO THIRD-PARTY WEBSITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A "KNOWING DI | ||||
| > | SCLOSURE" OF "PERSONALLY IDENTIFIABLE INFORMATION" BY CS UNDER THE VPPA AND (II) | ||||
| > | YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST CS B | ||||
| > | ASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CA | ||||
| > | LIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.) ("CIPA"), OR AN | ||||
| > | Y OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.** | ||||
| 36 | |||||
| 37 | ## 4. Trademark Rights | ||||
| 38 | |||||
| 39 | The names, trademarks, service marks, and logos of CS belong exclusively to CS a | ||||
| > | nd are protected from reproduction, imitation, dilution or confusing or misleadi | ||||
| > | ng uses under national and international trademark and other intellectual proper | ||||
| > | ty laws. All other trademarks, service marks, and logos (including third-party p | ||||
| > | roduct names) are the property of their respective owners. Use of these trademar | ||||
| > | ks in an infringing manner is expressly prohibited and nothing stated or implied | ||||
| > | on the Sites confers on you any license or right under any trademark of CS or a | ||||
| > | ny third party. | ||||
| 40 | |||||
| 41 | ## 5. Subscriptions, Billing, and Cancellation | ||||
| 42 | |||||
| 43 | ### A. Paid Subscriptions | ||||
| 44 | |||||
| 45 | Many aspects of the Sites and the services offered thereon require payment befor | ||||
| > | e they can be accessed or used ("Paid Subscriptions"). While Paid Subscription o | ||||
| > | ptions will vary from time to time, they will require you to pay a recurring fee | ||||
| > | on a monthly, bi-annual, or annual basis, or at some other recurring interval d | ||||
| > | isclosed to you prior to purchase (the "Subscription Period"). | ||||
| 46 | |||||
| 47 | Your Paid Subscription will typically be subject to Additional Terms presented t | ||||
| > | o you prior to purchase. Importantly, Paid Subscriptions typically will not prov | ||||
| > | ide access to all services owned and operated by CS. By way of example, a Paid S | ||||
| > | ubscription offer presented on the Curiosity Stream website usually will not ent | ||||
| > | ail access to Curiosity University content or services. **Please carefully revie | ||||
| > | w the terms of the applicable offer before registering for a Paid Subscription.* | ||||
| > | * We may change the price of Paid Subscriptions from time to time, but we will c | ||||
| > | ommunicate any price changes to you in advance in the manner required by applica | ||||
| > | ble law (if any) and, if applicable, we will tell you how to accept those change | ||||
| > | s. Price changes for Paid Subscriptions will take effect at the start of the nex | ||||
| > | t Subscription Period. | ||||
| 48 | |||||
| 49 | By registering for a Paid Subscription, you authorize us to charge your credit c | ||||
| > | ard or other account that you have designated, on a recurring basis, for the app | ||||
| > | licable subscription fee at the then current rate plus applicable tax. All fees | ||||
| > | are charged in US Dollars (USD). | ||||
| 50 | |||||
| 51 | ### B. Auto-Renewal and Cancellation | ||||
| 52 | |||||
| 53 | **The subscription fee for a Paid Subscription will be billed at the beginning o | ||||
| > | f your Subscription Period or expiration of your free trial period, if any. Paid | ||||
| > | Subscriptions automatically renew until they are cancelled as described below. | ||||
| > | This means that, after your initial Subscription Period, and again after any sub | ||||
| > | sequent Subscription Periods, you will automatically be billed for an additional | ||||
| > | period of the same length. For example, if you select a monthly subscription, y | ||||
| > | ou will be billed for an additional month at the beginning of the next month, an | ||||
| > | d then for each month after that, until you cancel your subscription.** | ||||
| 54 | |||||
| 55 | **You may cancel your subscription at any time by logging into your account on t | ||||
| > | he Sites or contacting us at help@curiositystream.com. You have the right to can | ||||
| > | cel your subscription without fee or penalty at any time. If you cancel your sub | ||||
| > | scription, cancellation will be effective at the end of the current Subscription | ||||
| > | Period. After cancellation, you will have continued access to the applicable co | ||||
| > | ntent and/or services for the remainder of the current Subscription Period, but | ||||
| > | you will not receive any refund, unless otherwise stated at the time of cancella | ||||
| > | tion. Please note that the provision of a full or partial refund in one instance | ||||
| > | will not entitle you or any person to a full or partial refund under similar ci | ||||
| > | rcumstances or for any reason not specifically agreed to by CS.** | ||||
| 56 | |||||
| 57 | ### C. Free Trials | ||||
| 58 | |||||
| 59 | On certain occasions, CS may offer free trials of its paid services. If we offer | ||||
| > | you a free trial, the specific terms of the free trial will be stated on the re | ||||
| > | levant portion of the Sites or the marketing material describing the free trial. | ||||
| > | **If you do not cancel your free trial within the trial period set out in the t | ||||
| > | erms of the free trial, it will automatically convert to a Paid Subscription. Th | ||||
| > | is means that we will charge your payment card for the applicable subscription f | ||||
| > | ee once your free trial period ends and we will continue charging you for each r | ||||
| > | ecurring Subscription Period until you cancel the subscription. You may cancel y | ||||
| > | our subscription at anytime by logging into your account or contacting us at** * | ||||
| > | *help@curiositystream.com** **. The free trial offer terms will present the deta | ||||
| > | ils of the free trial and the Paid Subscription that will result absent cancella | ||||
| > | tion.** | ||||
| 60 | |||||
| 61 | ### D. Third-Party Terms, Promotions and Gift Cards | ||||
| 62 | |||||
| 63 | On certain occasions, you may acquire your Paid Subscription or be offered acces | ||||
| > | s to the Sites and/or the Content by an agreement between CS and a third-party, | ||||
| > | such as your cable operator or television provider. In such cases, separate term | ||||
| > | s and conditions with such third party may apply to your use of the Sites in add | ||||
| > | ition to these Terms of Use. If you purchase a Paid Subscription using a code, g | ||||
| > | ift card, or other such offer provided or sold by or on behalf of CS for access | ||||
| > | to a Paid Subscription, the CS Gift Subscription Terms, available at https://cur | ||||
| > | iositystream.com/giftterms , will apply. If you are a user based in Germany, the | ||||
| > | se Terms will be brought to your attention before a contract is concluded. | ||||
| 64 | |||||
| 65 | **E.** **Content Bundles** . From time to time, we may offer Curiosity Stream su | ||||
| > | bscriptions bundled with other subscription services ("Content Bundles"). Conten | ||||
| > | t Bundle offers, including content partners, are subject to change and may be mo | ||||
| > | dified or terminated at any time. Access to third-party subscriptions, products, | ||||
| > | and services is provided separately by respective content partners and governed | ||||
| > | by terms of use issued by those third parties. We are not responsible for the p | ||||
| > | roducts and services provided by such third parties. Some Content Bundles may ha | ||||
| > | ve additional conditions and limitations, including geographic or territorial re | ||||
| > | strictions, which will be disclosed at the time of purchase. If you choose to pu | ||||
| > | rchase a Content Bundle, certain information about you such as your name and ema | ||||
| > | il address may be shared with content partners, who may contact you about your s | ||||
| > | ubscription or offers or services that may be of interest to you. Curiosity Stre | ||||
| > | am is not responsible for the content of such third-party communications. | ||||
| 66 | |||||
| 67 | ## 6. Other Transactions | ||||
| 68 | |||||
| 69 | Certain areas of the Sites may permit users to purchase products or services on | ||||
| > | a non-subscription basis, including physical merchandise. By using the Sites, yo | ||||
| > | u agree to provide current, complete and accurate purchase information for all p | ||||
| > | urchases made on the Sites. You further agree to promptly update your account an | ||||
| > | d other information, including your email address and credit card numbers and ex | ||||
| > | piration dates, as applicable, so that we can complete your transactions and con | ||||
| > | tact you as needed. | ||||
| 70 | |||||
| 71 | CS reserves the right to refuse any order you place with us. We may, in our sole | ||||
| > | discretion, limit or cancel quantities purchased per person, per household, or | ||||
| > | per order. These restrictions may include orders placed by or under the same cus | ||||
| > | tomer account, the same credit card, and/or orders that use the same billing and | ||||
| > | /or shipping address. If we make a change to or cancel an order, we will notify | ||||
| > | you by contacting the email and/or billing phone number provided at the time the | ||||
| > | order was made, stating the relevant reasons. | ||||
| 72 | |||||
| 73 | Certain products or services displayed on the Sites may have limited quantities | ||||
| > | and may not always be available. Purchase of our products for resale purposes is | ||||
| > | not authorized. We reserve the right to limit or prohibit orders that, in our r | ||||
| > | easonable judgment, appear to be placed by unauthorized dealers, resellers, or d | ||||
| > | istributors, and to cease doing business with any such customers, with no furthe | ||||
| > | r notice. | ||||
| 74 | |||||
| 75 | We strive to display the colors and other features of our products that appear o | ||||
| > | n the Sites as accurately as possible, but we cannot guarantee that your compute | ||||
| > | r monitor's display of any of colors or other features will always be accurate. | ||||
| 76 | |||||
| 77 | More generally, we do not warrant that the quality of any products purchased or | ||||
| > | obtained by you will meet your expectations. If a product offered on the Sites i | ||||
| > | s not as described or pictured, or otherwise does not meet your expectations, yo | ||||
| > | ur sole remedy is to seek to return the product under the terms of the applicabl | ||||
| > | e return policy, if any. All decisions related to returns will be made by CS, in | ||||
| > | its sole discretion. Some jurisdictions do not allow the exclusion of certain w | ||||
| > | arranties. **For users based in Germany, please see the specific terms set out i | ||||
| > | n Section 22 under "Remedies").** | ||||
| 78 | |||||
| 79 | ## 7. Product and Service Descriptions, Availability, and Pricing | ||||
| 80 | |||||
| 81 | CS strives to be as accurate as possible and eliminate errors on the Sites. Howe | ||||
| > | ver, there may be information on the Sites that contains typographical errors, i | ||||
| > | naccuracies or omissions that may relate to product or service descriptions, pri | ||||
| > | cing, promotions, offers, and availability. The prices displayed on the Sites ar | ||||
| > | e quoted in USD and are subject to change without notice insofar as permitted un | ||||
| > | der applicable law. To the extent permitted by applicable law, we reserve the ri | ||||
| > | ght to correct any errors, inaccuracies or omissions and to change or update inf | ||||
| > | ormation if any information on the Sites is inaccurate at any time without prior | ||||
| > | notice. **For users based in Germany, please see the specific terms set out in | ||||
| > | Section 22 under "Transactions".** | ||||
| 82 | |||||
| 83 | ## 8. License Grant for Your Content | ||||
| 84 | |||||
| 85 | If you make any submission to or communications on the Sites ("Submissions"), yo | ||||
| > | u automatically grant, or warrant that you and/or the owner of such content has | ||||
| > | expressly granted CS, a royalty-free, perpetual, irrevocable, worldwide, unlimit | ||||
| > | ed, nonexclusive license to use, reproduce, create derivative works from, modify | ||||
| > | , publish, edit, translate, distribute, perform, and display the Submission in a | ||||
| > | ny media or medium, or any form, format, or forum now known or hereafter develop | ||||
| > | ed. CS may sublicense its rights through multiple tiers of sublicenses. | ||||
| 86 | |||||
| 87 | You agree that CS shall have the right, but not the obligation, to monitor the c | ||||
| > | ontent of the Sites to determine compliance with these Terms of Use. CS shall ha | ||||
| > | ve the right , where permitted by applicable law, to edit, move, delete, or refu | ||||
| > | se to post any Submissions for any reason, including violation of these Terms of | ||||
| > | Use. Notwithstanding this right of ours, users shall remain solely responsible | ||||
| > | for the content that they share on or through the Sites. You acknowledge that, o | ||||
| > | nce published, we cannot always remove your content. | ||||
| 88 | |||||
| 89 | Further, Submissions have not necessarily been reviewed or approved by CS, and w | ||||
| > | e, therefore, make no representations or warranties as to the accuracy, reliabil | ||||
| > | ity, completeness or timeliness of any such content. Any views or opinions expre | ||||
| > | ssed in Submissions belong to the users who shared the content and not to CS. Yo | ||||
| > | ur reliance on any Submissions is done entirely at your own risk. You understand | ||||
| > | and agree that we are not responsible for, and shall have no liability related | ||||
| > | to, any Submissions, including your reliance on any such content. | ||||
| 90 | |||||
| 91 | Submissions shall not be deemed confidential and CS shall not have any obligatio | ||||
| > | n to keep any such material confidential. CS shall be free to use any ideas, con | ||||
| > | cepts, know-how or techniques contained in such information for any purpose what | ||||
| > | soever including, but not limited to, developing, manufacturing, and marketing p | ||||
| > | roducts incorporating such information. | ||||
| 92 | |||||
| 93 | ## 9. Age Limitation | ||||
| 94 | |||||
| 95 | The Sites are not intended for use by persons under the age of 13, or under the | ||||
| > | age of 18 for EU (European Union) visitors. CS does not knowingly collect inform | ||||
| > | ation from visitors under the age of 13, or 18 in the EU, and in the event that | ||||
| > | we learn that a person under the age of 13, or 18 for the EU, has provided CS wi | ||||
| > | th personal information, we will delete such personal information. If you are 13 | ||||
| > | years of age or older but under the age of majority in your jurisdiction of res | ||||
| > | idence, you may only use the Sites with the permission and involvement of a pare | ||||
| > | nt or legal guardian who has agreed to these Terms of Use on behalf of both hims | ||||
| > | elf/herself and you. | ||||
| 96 | |||||
| 97 | ## 10. User Conduct | ||||
| 98 | |||||
| 99 | By using the Sites, you agree to not use the Sites in any manner that: | ||||
| 100 | |||||
| 101 | - Is designed to interrupt, destroy or limit the functionality of, any computer | ||||
| > | software or hardware or telecommunications equipment (including by means of soft | ||||
| > | ware viruses or any other computer code, files or programs); | ||||
| 102 | - Interferes with or disrupts the Sites, services connected to the Sites, or oth | ||||
| > | erwise interferes with operations or services of the Sites in any way; | ||||
| 103 | - Infringes any copyright, trademark, trade secret, patent or other right of any | ||||
| > | party, or defames or invades the publicity rights or the privacy of any person, | ||||
| > | living or deceased (or impersonates any such person); | ||||
| 104 | - Consists of any unsolicited or unauthorized advertising, promotional materials | ||||
| > | , "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of | ||||
| > | solicitation; | ||||
| 105 | - Causes CS to lose (in whole or in part) the services of our Internet service p | ||||
| > | roviders or other suppliers; | ||||
| 106 | - Links to materials or other content, directly or indirectly, to which you do n | ||||
| > | ot have a right to link; | ||||
| 107 | - Is false, misleading, harmful, threatening, abusive, harassing, tortious, defa | ||||
| > | matory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or b | ||||
| > | igoted or insensitive (whether racially, ethnically, or otherwise), as determine | ||||
| > | d by CS in our sole discretion; | ||||
| 108 | - Copies, modifies, creates a derivative work of, reverse engineers, decompiles | ||||
| > | or otherwise attempts to extract the source code of the software underlying the | ||||
| > | Sites or any portion thereof or otherwise exploits the services or any software | ||||
| > | or content therein, except as expressly permitted by us or as permitted under ap | ||||
| > | plicable law; | ||||
| 109 | - Violates, or encourages anyone to violate these Terms of Use or the Privacy Po | ||||
| > | licy; or | ||||
| 110 | - Violates, or encourages to violate, any applicable local, state, national, or | ||||
| > | international law, regulation, or order. | ||||
| 111 | |||||
| 112 | Notwithstanding the foregoing restrictions, nothing in this section or otherwise | ||||
| > | in these Terms of Use shall prohibit or restrict your ability to (i) make any s | ||||
| > | tatement protected by Cal. Civ. Code § 1670.8; (ii) engage in a "covered communi | ||||
| > | cation" as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (i | ||||
| > | i) express or publish any review, performance assessment, or other similar analy | ||||
| > | sis (collectively, "Reviews") about CS, its employees or agents, the Content, or | ||||
| > | its products or services, to the extent that such Reviews are protected by appl | ||||
| > | icable law. | ||||
| 113 | |||||
| 114 | ## 11. Disclaimer of Warranties | ||||
| 115 | |||||
| 116 | **EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO WA | ||||
| > | RRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCRIPTIONS APPLY (PLEASE S | ||||
| > | EE SECTION 22 UNDER "WARRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCR | ||||
| > | IPTIONS"), THE FOLLOWING APPLIES:** THE SITES AND THE CONTENT ON THE SITES ARE P | ||||
| > | ROVIDED "AS IS." CS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER T | ||||
| > | O YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COM | ||||
| > | MUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE | ||||
| > | ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY | ||||
| > | LAW. CS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT, | ||||
| > | SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SAT | ||||
| > | ISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NO | ||||
| > | N-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CS OR A REPRESEN | ||||
| > | TATIVE SHALL CREATE A WARRANTY. | ||||
| 117 | |||||
| 118 | WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE | ||||
| > | ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT | ||||
| > | GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INC | ||||
| > | LUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET Y | ||||
| > | OUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE | ||||
| > | SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIO | ||||
| > | NS OF YOUR CHOOSING. | ||||
| 119 | |||||
| 120 | FURTHER, CS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR REL | ||||
| > | IABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO | ||||
| > | CIRCUMSTANCES WILL CS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE | ||||
| > | ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBIL | ||||
| > | ITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPI | ||||
| > | NION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVIC | ||||
| > | E OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INF | ||||
| > | ORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES. | ||||
| 121 | |||||
| 122 | ## 12. Limitation of Liability | ||||
| 123 | |||||
| 124 | **EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO LI | ||||
| > | MITATION OF LIABILITY APPLY (PLEASE SEE SECTION 22 UNDER "LIMITATION OF LIABILIT | ||||
| > | Y"), THE FOLLOWING APPLIES:** To the extent permitted by applicable law, CS, its | ||||
| > | partners, sponsors, advertisers, agents or licensors, and any third parties men | ||||
| > | tioned on the Sites shall not be liable for any damages (including, without limi | ||||
| > | tation, incidental, consequential or other indirect damages, personal injury/wro | ||||
| > | ngful death, lost profits, or damages resulting from lost data or business inter | ||||
| > | ruption) resulting from the use or inability to use the Sites, the Content or an | ||||
| > | y communications of the Sites, whether based on warranty, contract, tort, or any | ||||
| > | other legal theory, and whether or not CS is advised of the possibility of such | ||||
| > | damages. CS is not liable for any personal injury, including death, caused by y | ||||
| > | our use or misuse of the Sites or Content. | ||||
| 125 | |||||
| 126 | In addition, when using the Sites, information will be transmitted over a medium | ||||
| > | which is beyond the control and jurisdiction of CS, its partners, advertisers, | ||||
| > | and sponsors or any other third party mentioned on the Sites. Accordingly, CS as | ||||
| > | sumes no liability for or relating to the delay, failure, interruption, or corru | ||||
| > | ption of any data or other information transmitted in connection with use of the | ||||
| > | Sites. | ||||
| 127 | |||||
| 128 | YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CS IS TO DISCONTINUE Y | ||||
| > | OUR USE OF THE SITES OR ANY SERVICE OFFERED BY CS. IN NO EVENT SHALL OUR LIABILI | ||||
| > | TY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS R | ||||
| > | ELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US | ||||
| > | DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. | ||||
| 129 | |||||
| 130 | ## 13. Passwords and Account Creation | ||||
| 131 | |||||
| 132 | To access certain portions of the Sites, you must create an account. You agree t | ||||
| > | o provide truthful and accurate information during the account creation process. | ||||
| > | You also agree to maintain the accuracy of any submitted data. If you provide a | ||||
| > | ny information that is untrue, inaccurate, or incomplete, we reserve the right t | ||||
| > | o terminate your account and suspend your use of any and all of the Sites. | ||||
| 133 | |||||
| 134 | Users agree that they are responsible for all acts or omissions that occur on th | ||||
| > | eir account while their password is being used. CS reserves the right to access | ||||
| > | and disclose in accordance with applicable law any information, including, witho | ||||
| > | ut limitation, user names of accounts and other information, to comply with appl | ||||
| > | icable laws and lawful government requests. | ||||
| 135 | |||||
| 136 | ## 14. Indemnification | ||||
| 137 | |||||
| 138 | You agree to defend (at CS's option), indemnify, and hold CS harmless from and a | ||||
| > | gainst any and all liabilities, claims, damages, costs, and expenses, including | ||||
| > | attorneys' fees and costs, arising from or related to your misuse of the Sites o | ||||
| > | r any breach by you of these Terms of Use. We reserve the right, at our expense, | ||||
| > | to assume exclusive defense and control of any matter otherwise subject to inde | ||||
| > | mnification by you and, in any case, you agree to cooperate with us if and as re | ||||
| > | quested by us in the defense and settlement of such matter. | ||||
| 139 | |||||
| 140 | ## 15. Privacy | ||||
| 141 | |||||
| 142 | We collect personal information on the Sites, which is subject to the terms of o | ||||
| > | ur Privacy Policy, which is available here ( https://curiositystream.com/privacy | ||||
| > | ) and is hereby incorporated by reference into these Terms of Use. | ||||
| 143 | |||||
| 144 | ## 16. Links to External Sites | ||||
| 145 | |||||
| 146 | The Sites may contain links to other websites. We do not control and are not res | ||||
| > | ponsible for the content or availability of these external sites nor do we endor | ||||
| > | se the activities or services provided by these websites. Insofar as permitted b | ||||
| > | y applicable law, under no circumstances shall we be held responsible or liable, | ||||
| > | directly or indirectly, for any loss or damage caused or alleged to have been c | ||||
| > | aused to a user in connection with the use of or reliance on any content, goods | ||||
| > | or services available on such external websites. Accessing third-party websites | ||||
| > | from our Sites is done entirely at your own risk. | ||||
| 147 | |||||
| 148 | ## 17. Choice of Law | ||||
| 149 | |||||
| 150 | You agree that the laws of the United States and the State of Maryland govern th | ||||
| > | ese Terms of Use and any claim or dispute that you may have against us, without | ||||
| > | regard to Maryland's or any other jurisdiction's conflict of laws rules. | ||||
| 151 | |||||
| 152 | This does not deprive consumers of the protection afforded to them by provisions | ||||
| > | that cannot be derogated from by agreement by virtue of the law which, in the a | ||||
| > | bsence of a choice of law, would have been applicable (e.g., consumer laws of th | ||||
| > | e consumer's state of habitual residence). Thus, you will benefit from any manda | ||||
| > | tory provisions of the law of your local jurisdiction, and nothing in these Term | ||||
| > | s of Use affects your rights as a consumer to rely on such mandatory provisions | ||||
| > | of local law. | ||||
| 153 | |||||
| 154 | ## 18. Dispute Resolution | ||||
| 155 | |||||
| 156 | If there is any controversy, claim, action, or dispute between you and CS arisin | ||||
| > | g out of or related to your use of the Sites or the breach, enforcement, interpr | ||||
| > | etation, or validity of these Terms of Use or any part of them (" **Dispute** ") | ||||
| > | , even if that Dispute arose prior to the Effective Date of these Terms of Use, | ||||
| > | you and CS agree to resolve the Dispute through the dispute resolution procedure | ||||
| > | s set forth in this Section 18. THIS SECTION 18 DOES NOT APPLY IF YOU ARE A USER | ||||
| > | BASED IN GERMANY (PLEASE SEE SECTION 22 UNDER "CHOICE OF FORUM" REGARDING GERMA | ||||
| > | N-SPECIFIC TERMS). | ||||
| 157 | |||||
| 158 | ### Informal Dispute Resolution | ||||
| 159 | |||||
| 160 | In the event of any Dispute, you and CS agree to first attempt to avoid the cost | ||||
| > | s of formal dispute resolution by giving each party a full and fair opportunity | ||||
| > | to address and resolve the Dispute informally. Specifically, the party with the | ||||
| > | complaint (the " **Complaining Party** ") shall send written notice to the other | ||||
| > | party (the " **Receiving Party** ") describing the facts and circumstances of t | ||||
| > | he Dispute (each such notice being a " **Dispute Notice** "). | ||||
| 161 | |||||
| 162 | All Dispute Notices must: (1) be personally signed by the Complaining Party; (2) | ||||
| > | include the Complaining Party's name, physical address, and email address; (3) | ||||
| > | describe with specificity the nature and basis of the Dispute in a manner suffic | ||||
| > | ient for the Receiving Party to evaluate the merits of the Complaining Party's i | ||||
| > | ndividualized claim, (4) include any documentation in the Complaining Party's po | ||||
| > | ssession or control (including, without limitation, documentation that is in the | ||||
| > | possession of a third party which is accessible to you) supporting the Complain | ||||
| > | ing Party's position in the Dispute; and (5) set forth the alleged damage and ha | ||||
| > | rm suffered and the specific relief sought with a calculation for it. Each Dispu | ||||
| > | te Notice is limited to a single Dispute between you and CS. As such, your Dispu | ||||
| > | te and the Disputes of other parties may not be combined into a single Dispute N | ||||
| > | otice. | ||||
| 163 | |||||
| 164 | Dispute Notices shall be sent: | ||||
| 165 | |||||
| 166 | - **To CS:** You must send notice (1) by electronic mail to help@curiositystream | ||||
| > | .com and (2) by first-class or certified mail to Curiosity Inc., 8484 Georgia Av | ||||
| > | e., Suite 700, Silver Spring, MD 20910, Attn: Legal. | ||||
| 167 | - **To You:** We will send notice by (1) first class or certified mail to the ph | ||||
| > | ysical address we have on file for you (if any) and (2) by electronic mail to th | ||||
| > | e email address we have on file for you (if any). | ||||
| 168 | |||||
| 169 | You and CS will attempt to resolve the Dispute through informal negotiation with | ||||
| > | in sixty (60) days beginning on the date that a valid Dispute Notice is sent (th | ||||
| > | e " **Informal Negotiation Period** "). During the Informal Negotiation Period, | ||||
| > | the parties are required to conduct an individual meet-and-confer in person, or | ||||
| > | via teleconference or videoconference, that addresses only the Dispute between | ||||
| > | you and CS (the " **Conference** "). If you are represented by counsel, your cou | ||||
| > | nsel may participate in the Conference, but you will also need to participate. C | ||||
| > | S will participate in the Conference through one or more representatives, which | ||||
| > | may include our counsel. | ||||
| 170 | |||||
| 171 | Both you and CS agree that the foregoing informal dispute resolution procedures | ||||
| > | (the " **Informal Resolution Process** ") is a condition precedent that must be | ||||
| > | satisfied before initiating any litigation or arbitration against the other part | ||||
| > | y. If any aspect of the Informal Resolution Process has not been satisfied, the | ||||
| > | parties agree that (i) a court of competent jurisdiction can enjoin the filing o | ||||
| > | r prosecution of any litigation or arbitration and (ii) unless prohibited by law | ||||
| > | , no arbitration administrator shall accept or administer an arbitration or dema | ||||
| > | nd fees in connection with the Dispute. | ||||
| 172 | |||||
| 173 | ### Individual Litigation | ||||
| 174 | |||||
| 175 | If, at the end of the Informal Negotiation Period (and not before), and only aft | ||||
| > | er the completion of the Conference, the Dispute has not been resolved, then the | ||||
| > | Dispute shall be resolved by a court located in the state of Maryland, and you | ||||
| > | hereby agree and submit to the exercise of personal jurisdiction of such courts | ||||
| > | for the purpose of litigating any Disputes. | ||||
| 176 | |||||
| 177 | YOU AND CS FURTHER AGREE TO BRING AND MAINTAIN ANY SUCH LITIGATION SOLELY ON AN | ||||
| > | INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND CS HEREBY AGREE NOT TO ENGAGE IN | ||||
| > | ANY LITIGATION AGAINST THE OTHER AS PART OF A CLASS ACTION OR OTHERWISE IN A CON | ||||
| > | SOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. FURTHER, YOU AND CS EACH HERE | ||||
| > | BY WAIVES THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY SUCH LITIGATION. | ||||
| 178 | |||||
| 179 | ### Individual Arbitration | ||||
| 180 | |||||
| 181 | IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT SECTION 18.B | ||||
| > | OF THESE TERMS (INDIVIDUAL LITIGATION) IS INVALID OR UNENFORCEABLE, YOU AND CS | ||||
| > | AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL B | ||||
| > | ASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU W | ||||
| > | AIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY | ||||
| > | NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTH | ||||
| > | ER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR | ||||
| > | WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. | ||||
| 182 | |||||
| 183 | All such Disputes shall be exclusively submitted to Judicial Arbitration and Med | ||||
| > | iation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules | ||||
| > | then in effect (as modified by these Terms of Use), before one arbitrator to be | ||||
| > | mutually agreed upon by both parties. Notwithstanding any other provision of th | ||||
| > | ese Terms, the arbitration shall be conducted in accordance with the JAMS Consum | ||||
| > | er Arbitration Minimum Standards ( https://www.jamsadr.com/consumer-minimum-stan | ||||
| > | dards/ ) (the " **Minimum Standards** ") if, and only if, it is determined by JA | ||||
| > | MS that the Minimum Standards are applicable to the Dispute. The location of any | ||||
| > | hearings will be determined by the applicable JAMS rules, provided that if the | ||||
| > | claim is for $10,000 or less, you may choose to have the arbitration conducted ( | ||||
| > | 1) solely on the basis of the documents submitted to the arbitrator or (2) throu | ||||
| > | gh a non-appearance based hearing by teleconference or videoconference. | ||||
| 184 | |||||
| 185 | The arbitrator, and not any federal, state, or local court or agency, shall have | ||||
| > | exclusive authority to resolve any Dispute arising under or relating to the int | ||||
| > | erpretation, applicability, enforceability, or formation of these Terms of Use, | ||||
| > | including any claim that all or any part of these Terms of Use are void or voida | ||||
| > | ble. For the avoidance of doubt, you and CS agree that the arbitrator shall have | ||||
| > | the exclusive power to rule on his or her own jurisdiction, including any objec | ||||
| > | tions with respect to the existence, scope, or validity of this agreement to arb | ||||
| > | itrate or the arbitrability of any claim or counterclaim. The award rendered by | ||||
| > | the arbitrator may be confirmed and enforced in any court having jurisdiction th | ||||
| > | ereof. | ||||
| 186 | |||||
| 187 | ### Small Claims and Intellectual Property Rights | ||||
| 188 | |||||
| 189 | Notwithstanding any other provision in these Terms of Use, either you or CS may | ||||
| > | (1) bring an individual claim or elect to resolve a Dispute in small claims cour | ||||
| > | t in the United States consistent with any applicable jurisdictional and monetar | ||||
| > | y limits (so long as (a) any such claim is brought and maintained on an individu | ||||
| > | al basis and (b) the action is litigated in small claims court and is not remove | ||||
| > | d or appealed to a court of general jurisdiction) and (2) file an individual cla | ||||
| > | im in court to enjoin the infringement or other misuse of its intellectual prope | ||||
| > | rty rights (so long as any such claim is brought and maintained on an individual | ||||
| > | basis). Both parties understand and agree that either party may elect to resolv | ||||
| > | e as much of a Dispute within the jurisdictional limits of a small claims court | ||||
| > | as possible, even if such small claims court would not have the authority to awa | ||||
| > | rd a party all the relief it is requesting. For example, if a party's claim for | ||||
| > | monetary damages falls within the jurisdictional limits of a small claims court | ||||
| > | with jurisdiction over the parties, either party may elect to resolve this aspe | ||||
| > | ct of a Dispute in such small claims court, even if such court could not issue a | ||||
| > | ny injunctive relief requested by a party. In addition, nothing in these Terms | ||||
| > | of Use prohibits you or us from bringing issues to the attention of federal, sta | ||||
| > | te, or local agencies. Such agencies can, if the law allows, seek relief against | ||||
| > | us on your behalf (or vice versa). | ||||
| 190 | |||||
| 191 | ## 19. Modification & Termination | ||||
| 192 | |||||
| 193 | We reserve the right to modify these Terms of Use at any time. When we do so, we | ||||
| > | will update the "Effective Date" above and/or provide notice to users by any ot | ||||
| > | her means we deem reasonable, in our sole discretion. By continuing to use the S | ||||
| > | ites, or any portion thereof, after we post any such changes, you accept these T | ||||
| > | erms of Use, as modified. You agree that, to the extent permitted by law, any ch | ||||
| > | anges to these Terms of Use shall apply retroactively. **The preceding provision | ||||
| > | regarding modification does not apply if you are a user based in Germany (pleas | ||||
| > | e see Section 22 under "Modification" regarding German-specific terms).** | ||||
| 194 | |||||
| 195 | We may change, restrict access to, suspend or discontinue the Sites, or any port | ||||
| > | ion of the Sites, at any time and at our sole discretion. | ||||
| 196 | |||||
| 197 | We shall have the right to immediately terminate these Terms of Use and your use | ||||
| > | of the Sites in the event of any breach by you of these Terms of Use. **The pre | ||||
| > | ceding provision regarding termination does not apply if you are a user based in | ||||
| > | Germany (please see Section 22 under "Termination" regarding German-specific te | ||||
| > | rms).** | ||||
| 198 | |||||
| 199 | The provisions of Sections 1, 2 (excluding the license grant to you), 3, 4, 5, 8 | ||||
| > | , 11, 12, 14, 16, 17,18, 19, and 20 shall survive termination of these Terms of | ||||
| > | Use, as well as (insofar as permitted by applicable law) any other sections of t | ||||
| > | hese Terms of Use that, either explicitly or by their nature, must remain in eff | ||||
| > | ect even after termination of these Terms of Use. | ||||
| 200 | |||||
| 201 | ## 20. Miscellaneous | ||||
| 202 | |||||
| 203 | ### A. No waiver | ||||
| 204 | |||||
| 205 | Our failure to act with respect to a breach by you or others does not waive our | ||||
| > | right to act with respect to a subsequent or similar breach or breaches. If CS d | ||||
| > | oes not exercise or enforce any legal right or remedy which is contained in thes | ||||
| > | e Terms (or which CS has the benefit of under any applicable law or regulation), | ||||
| > | such action or inaction shall not be taken to be a formal waiver of CS's rights | ||||
| > | , and all such rights or remedies shall still be available to CS. | ||||
| 206 | |||||
| 207 | ### B. Severability | ||||
| 208 | |||||
| 209 | If any provision of these Terms of Use is held to be invalid by a court having c | ||||
| > | ompetent jurisdiction, the invalidity of such provision shall not affect the val | ||||
| > | idity of the remaining provisions of these Terms, which shall remain in full for | ||||
| > | ce and effect. | ||||
| 210 | |||||
| 211 | ### C. Entire Agreement | ||||
| 212 | |||||
| 213 | These Terms of Use, including any Additional Terms, set forth the entire underst | ||||
| > | anding and agreement between us with respect to your use of the Sites. | ||||
| 214 | |||||
| 215 | ### D. Assignment | ||||
| 216 | |||||
| 217 | You may not assign, transfer, or sublicense any or all of your rights or obligat | ||||
| > | ions under these Terms of Use without our express prior written consent. We may | ||||
| > | assign, transfer, or sublicense any or all of our rights or obligations under th | ||||
| > | ese Terms of Use without restriction. **This clause D. does not apply if you are | ||||
| > | a user based in Germany (please see Section 22 under "Assignment" regarding Ger | ||||
| > | man-specific terms).** | ||||
| 218 | |||||
| 219 | ### E. No relationship | ||||
| 220 | |||||
| 221 | These Terms of Use do not, and shall not be construed to, create any partnership | ||||
| > | , joint venture, employer-employee, agency, or franchisor-franchisee relationshi | ||||
| > | p between you and CS. | ||||
| 222 | |||||
| 223 | ### F. Notice to California Residents | ||||
| 224 | |||||
| 225 | You may reach CS at the contact information provided below. California residents | ||||
| > | may also reach the Complaint Assistance Unit of the Division of Consumer Servic | ||||
| > | es of the California Department of Consumer Affairs by mail at 1625 North Market | ||||
| > | Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-521 | ||||
| > | 0. | ||||
| 226 | |||||
| 227 | ## 21. Contacting CS | ||||
| 228 | |||||
| 229 | If you have any questions about these Terms of Use, please contact us at the fol | ||||
| > | lowing address: | ||||
| 230 | |||||
| 231 | CuriosityStream Inc.8484 Georgia Ave., Suite 700Silver Spring, MD 209101-844-778 | ||||
| > | -8999 **help@curiositystream.com** | ||||
| 232 | |||||
| 233 | ## 22. GERMANY-SPECIFIC DISCLOSURES | ||||
| 234 | |||||
| 235 | Notwithstanding the previous provisions of the Terms of Use, the following provi | ||||
| > | sions shall prevail for users based in Germany: | ||||
| 236 | |||||
| 237 | - **Online Dispute Resolution.** The European Commission provides a platform for | ||||
| > | out-of-court online dispute resolution (ODR platform), which can be accessed at | ||||
| > | www.ec.europa.eu/consumers/odr. We are not obligated or willing to participate | ||||
| > | in a dispute resolution procedure before a consumer arbitration board. | ||||
| 238 | - **Choice of Forum.** In deviation from Section 18, any dispute between the par | ||||
| > | ties will be resolved by the competent court of the place where you have your re | ||||
| > | sidence or elective domicile. | ||||
| 239 | - **Remedies.** In deviation from Section 6, if a product offered on the Sites i | ||||
| > | s not as described or pictured, or otherwise does not meet your expectations, yo | ||||
| > | u may have remedies available to you. Please contact us at help@curiositystream. | ||||
| > | com. | ||||
| 240 | - **Transactions.** In deviation from Section 7, we reserve the right to change | ||||
| > | service descriptions, images, and references and to limit the availability of pr | ||||
| > | oducts or services, but changes will not affect any order for products or servic | ||||
| > | es you have already purchased. | ||||
| 241 | - **Modification.** In deviation from Section 19, we reserve the right to modify | ||||
| > | these Terms of Use at any time, for example, to comply with a changed or new le | ||||
| > | gal situation, a change in the scope of the services provided, or regulatory gap | ||||
| > | s that have come to light. We will indicate the effective date. Any changes to t | ||||
| > | he Terms of Use will only apply to orders placed on or after the effective date | ||||
| > | of the updated Terms of Use. In this respect, the version of the Terms of Use in | ||||
| > | force and made available at the time of the order shall prevail. Amendments to | ||||
| > | the Terms of Use which shall apply to ongoing services are only made in accordan | ||||
| > | ce with the following requirements: Amendments to these Terms of Use shall be of | ||||
| > | fered to you in text form no later than two (2) months before their proposed dat | ||||
| > | e of entry into force. If you have agreed to communicate by electronic means wit | ||||
| > | h us, the amendments may also be presented electronically. You may either agree | ||||
| > | to or reject the amendments prior to their proposed date of entry into force. In | ||||
| > | sofar as the changes only concern the implementation of new regulatory requireme | ||||
| > | nts, requirements of case law with regard to these Terms of Use, or reformulatio | ||||
| > | n of the Terms of Use without affecting a main service obligation (e.g. fees to | ||||
| > | be paid), you shall be deemed to have given your consent if you have not indicat | ||||
| > | ed your rejection before the proposed date of entry into force of the changes. W | ||||
| > | e shall specifically draw your attention to this effect of approval in our offer | ||||
| > | . If changes are offered to you, you may also terminate the contract without not | ||||
| > | ice and free of charge before the proposed date of entry into force of the chang | ||||
| > | es. We shall specifically draw your attention to this right of termination in ou | ||||
| > | r offer. | ||||
| 242 | - **Termination.** In deviation from Section 19, we may terminate the account an | ||||
| > | d your use of the Sites for convenience with one (1) week's prior notice. You ar | ||||
| > | e entitled to terminate your use of the Sites and the services with no prior not | ||||
| > | ice, at any moment and for any reason. You may cancel your subscription at any t | ||||
| > | ime by logging into your account on the Sites or contacting us at help@curiosity | ||||
| > | stream.com. Either Party's right to terminate for good cause remains unaffected. | ||||
| > | We shall be entitled to terminate the services for good cause in particular in | ||||
| > | the following cases: (i) addressing security issues, (ii) preventing abuse, or ( | ||||
| > | iii) complying with any laws, rules or regulations, or legal or judicial orders. | ||||
| > | When terminated, you shall refrain from using the Sites and from making them av | ||||
| > | ailable to third parties. | ||||
| 243 | - **Warranty and Remedies for Lack of Conformity of Paid Subscriptions.** In dev | ||||
| > | iation from Section 11, access to the Sites is permitted on a temporary basis an | ||||
| > | d we may limit or terminate access to them at any time without any notice. We wi | ||||
| > | ll not be liable if is the Sites are unavailable at any time or for any period. | ||||
| > | We are liable for a lack of conformity of Paid Subscriptions in accordance with | ||||
| > | the statutory requirements. In the case of a lack of conformity of the services | ||||
| > | provided through the Sites in the context of Paid Subscriptions, you shall be en | ||||
| > | titled to have the services brought into conformity within a reasonable time fro | ||||
| > | m the time we have been informed by you about the lack of conformity, free of ch | ||||
| > | arge. Such remedy may be requested by you, unless this would be impossible or wo | ||||
| > | uld impose costs on us that would be disproportionate, taking into account all t | ||||
| > | he circumstances of the case including: (i) the value the services would have if | ||||
| > | there were no lack of conformity; and (ii) the significance of the lack of conf | ||||
| > | ormity. | ||||
| 244 | |||||
| 245 | Where (i) the remedy above is impossible or disproportionate; (ii) we have not b | ||||
| > | rought the services into conformity in accordance with the paragraph above; (iii | ||||
| > | ) a lack of conformity appears despite our attempt to bring the services into co | ||||
| > | nformity; (iv) the lack of conformity is of such a serious nature as to justify | ||||
| > | an immediate price reduction or termination of the Terms of Use; or (v) we have | ||||
| > | declared that we will not bring the service into conformity within a reasonable | ||||
| > | time, or without significant inconvenience for you, you are entitled to receive | ||||
| > | a proportionate reduction in the price with reference to Paid Subscriptions or t | ||||
| > | o terminate the Terms of Use as described above under "Termination". The reducti | ||||
| > | on in price shall be proportionate to the decrease in the value of the services | ||||
| > | which were supplied to you compared to the value that the services would have if | ||||
| > | they were in conformity. The reimbursement of the above reduction shall be made | ||||
| > | by us (i) without undue delay and, in any event, within 14 days of the date on | ||||
| > | which we are informed of your decision for a price reduction according to the ab | ||||
| > | ove or to terminate the Terms of Use and (ii) using the same means of payment as | ||||
| > | you used to pay for the Paid Subscription, unless you expressly agree otherwise | ||||
| > | and provided that you not incur any fees as a result of such reimbursement. | ||||
| 246 | |||||
| 247 | - **Limitation of Liability.** In deviation from Section 12, unless otherwise st | ||||
| > | ated in these Terms of Use, we shall be liable for a breach of contractual and n | ||||
| > | on-contractual obligations in accordance with the relevant statutory provisions. | ||||
| > | We shall be liable for damages - irrespective of the legal grounds - within the | ||||
| > | framework of fault-based liability in the event of intent and gross negligence. | ||||
| 248 | |||||
| 249 | In the event of simple or slight negligence, we shall be liable, subject to stat | ||||
| > | utory limitations of liability (e.g., due care in own affairs; insignificant bre | ||||
| > | ach of duty) only | ||||
| 250 | |||||
| 251 | a. for damages arising from injury to life, body, or health (i.e., death or pers | ||||
| > | onal injury); and | ||||
| 252 | |||||
| 253 | b. for damages arising from the breach of a material contractual obligation (obl | ||||
| > | igation, the fulfilment of which is a prerequisite for the proper performance of | ||||
| > | the contract and on the observance of which the contractual partner regularly r | ||||
| > | elies and may rely); in this case, however, our liability shall be limited to co | ||||
| > | mpensation for the foreseeable, typically occurring damage. | ||||
| 254 | |||||
| 255 | These limitations do not apply in case of fraud, fraudulent misrepresentation, i | ||||
| > | f we have fraudulently concealed a defect, have given a guarantee of quality, or | ||||
| > | have assumed a procurement risk. | ||||
| 256 | |||||
| 257 | Furthermore, any mandatory statutory liability, in particular under the German P | ||||
| > | roduct Liability Act, shall remain unaffected. The limitations of liability resu | ||||
| > | lting from this section shall also apply to our executive bodies, legal represen | ||||
| > | tatives, employees, staff and vicarious agents and/or other persons for whose fa | ||||
| > | ult CS is responsible in accordance with statutory provisions. | ||||
| 258 | |||||
| 259 | - **Assignment.** You may not assign, transfer, or sublicense any or all of your | ||||
| > | rights or obligations under these Terms of Use without our express prior writte | ||||
| > | n consent. In deviation from Section 20.D., we may assign, transfer, or sublicen | ||||
| > | se any or all of our rights or obligations under these Terms to third parties; i | ||||
| > | n such a case, assignment shall be duly notified to you (and shall be valid from | ||||
| > | the date of notification) and the third-party assignee shall grant at least the | ||||
| > | same rights as those granted by us. | ||||