Please read the following terms and conditions (“Terms”) carefully. They create a binding legal contract between you and any other entity on whose behalf you accept these Terms (collectively, “ You”) and Curiosity, Inc., (“Curiosity”, “we”, “us” or “our”) governing Your use of our website, our platform, our mobile applications, the App and any related features, Content, products and services including, without limitation, volumetric video related services (collectively, “ Services”) provided to You by Curiosity under the “Rememory” brand name. Among other things, these Terms describe Your responsibilities and limit our liability. If You do not agree to all of the following terms now or in the future, do not use the Services in any manner. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 8) AND LIMIT OUR LIABILITY (SECTION 9).
By accessing the Services in any way, including by clicking the “Accept” (or similar) box or button, or by creating an account, You agree to and are bound by these Terms.
These Terms, our Privacy Policy, and our Copyright Policy constitute the entire agreement between You and Curiosity and govern Your use of the Services, and supersede any and all prior agreements, written or oral, between You and Curiosity regarding the Services (including, without limitation, any prior versions of these Terms). Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms shall control. Notwithstanding the foregoing, Curiosity's Privacy Policy supersedes any conflicting terms in these Terms and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy. Your acceptance of these Terms also constitutes Your agreement that You are able to receive and retain, and Your acceptance of the delivery of, communications to You by website posting or email.
You may also be subject to additional terms and conditions that may apply when You use other Curiosity services, third-party Content or third-party software. You are solely responsible for reviewing and complying with such terms even if our Services direct You to third party Content, software, or services.
1. TERMS GENERALLY APPLICABLE TO THE SERVICES.
1.1. Definitions. Unless otherwise defined in these Terms of Use, the following terms shall have the corresponding meanings set forth below.
1.1.1. “App” means the application provided by Curiosity for the Services.
1.1.2. “Content” means video, images, voice, audio, text, or other content that Curiosity or a User records, reviews, edits, publishes, or otherwise makes available related to the Services and these Terms of Use.
1.1.3. “Privately Publish” means User setting the User’s own Content such that it can be viewed or listened to only by other Users who know the URL assigned to such Content in accordance with the license conditions set forth in these Terms of Use.
1.1.4. “Publish” means User setting User’s own Content such that it can be viewed or listened to by other Users in accordance with the license conditions set forth in these Terms of Use.
1.1.5. “Registered User” means an individual who uses the Services after performing user registration in accordance with these Terms of Use.
1.1.6. “Unregistered User” means an individual who uses the Services without performing user registration in accordance with these Terms of Use.
1.1.7. “User” means collectively, Unregistered Users and Registered Users
1.2. Eligibility. To be eligible to use the Services, You must, and You represent and warrant that You do, meet the following criteria: (a) are 18 years of age or older or if the user of our Services on whose behalf you are accepting these Terms is under the age of 18, You are the parent or legal guardian of the user and You are agreeing to these Terms for the benefit of such user; (b) are not currently restricted from or otherwise prohibited from using the Services, (c) are not a competitor of, or using the Services for reasons that are in competition with, Curiosity; (d) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which You are a party and there is no legal impediment in Your country of residence to Your independently consenting to these Terms of Use; (e) will not violate any rights of Curiosity, including intellectual property rights such as copyright or trademark rights; and (f) agree to provide at Your cost all equipment (including mobile devices), software, and internet access necessary to use the Services.
1.3. Applicable Laws and this Agreement. You agree to comply with all applicable laws, ordinances and regulations and these Terms.
1.4. Use of the Services. You agree to use the Services only to post, discuss, send and receive Content and materials that are proper. You further agree that You will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
1.5. User Conduct. Curiosity does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for Your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You further understand that You may be exposed to Content from others that is offensive, indecent or objectionable.
1.6. Limited License. Curiosity grants You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access and use the Services through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Curiosity), view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
1.7. Promotions. You agree to receive newsletters and promotional materials relating to Curiosity or the Services unless You affirmatively opt-out of receiving such materials by contacting us using the information detailed in the Contacting Us section in our Privacy Policy. Even if You opt-out of receiving such newsletters or promotional materials, we may still need to contact You with important information about Your account or the Services.
1.8. Prohibited Uses. You agree that You will not use the Services to:
You further agree that You will not upload, post, email, transmit, Publish, Privately Publish, or otherwise make available any Content that:
2.1.1. Record and edit volumetric videos using the App;
2.1.2. View and listen to Your own Content and the Content of Registered Users;
2.1.3. Post comments concerning the Content of Registered Users;
2.1.4. Register to Your “Favorites” the Content of Registered Users;
2.1.5. Report Content that violates these Terms of Use to Curiosity;
2.1.6. Create screenshots or video captures of Your own Content and download such screenshots or video captures in a format that is viewable on services other than the Services; and
2.1.7. Other conduct specified by Curiosity as performable by Unregistered Users.
2.2. Registered User. If You are a Registered User, in addition to the matters set forth above in Section 2.1, You may engage in the conduct specified in each of the following items by using the Services:
2.2.1. Publish Your own Content;
2.2.2. Privately Publish Your Content;
2.2.3. Delete comments posted about Your Content;
2.2.4. Create settings such that comments may not be posted about Your own Content by other specific Users (“Blocking Settings”); and
2.2.5. Other conduct specified by Curiosity as performable by Registered Users.
3. USER ACCOUNTS, MEMBERSHIP, AND RESPONSIBILITIES.
3.1. Creating an Account. To open an account and become a Registered User, You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information, including any authorized payment method, to keep it true, current, complete and accurate. You grant Curiosity the right to independently verify any information that You provide through the Services about Yourself, although Curiosity does not routinely undertake any verification.
3.2. Activities Under Your Account. You are responsible for maintaining the confidentiality of any password(s) You use to access the Services, and You are fully responsible for all activities that occur under Your password(s) and Your account. You agree to notify Curiosity immediately of any unauthorized use of Your account or any other breach of security. Curiosity will not be liable for any loss that You may incur as a result of someone else using Your password or account. Notwithstanding such notice, You could be held liable for losses incurred by Curiosity or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
3.3. In cases where a Registered User deletes comments posted about the Registered User’s own Content or in cases where a Registered User sets Blocking Settings concerning another User, the Registered User shall do so under his/her own responsibility. In the event of a dispute with another User as a result of such conduct, the Registered User shall resolve the matter under his/her own responsibility and at his/her own expense, and if Curiosity incurs damage, the Registered User shall pay compensation for all such damage (including reasonable attorney’s fees).
3.4. A Registered User shall bear all responsibility concerning management of the URL allocated to Privately Published Content. Registered Users acknowledge and consent to the accessibility to Privately Published Content by Users, even Users not intended by the Registered User, if Users know the URL allocated to that Content. Even if Users not intended by the Registered User view or listen to Content that is Privately Published by the Registered User and any problems, disputes, or the like occur, the Registered User shall resolve the matter under his/her own responsibility and at his/her own expense, and if Curiosity incurs damage, the Registered User shall pay compensation for all such damage (including reasonable attorney’s fees).
3.5. An Unregistered User can become a Registered User by inputting the required information in the format specified separately by Curiosity and obtaining approval from Curiosity for such application.
3.6.1. If the content of the application contains a misrepresentation;
3.6.2. If Curiosity’s screening standards are not satisfied;
3.6.3. If the Unregistered User had registration as a Registered User deleted for any reason other than deletion by the Registered User; or
3.6.4. If there are other reasonable grounds for determining that use of the Services would not be appropriate.
3.7. If Curiosity discovers that a Registered User falls under any item of Section 3.6 even after approval of an application, Curiosity may at any time and without the need to perform any procedures delete the registration of such Registered User, delete content, and take other necessary measures in Curiosity’s discretion.
3.8. A Registered User may become an Unregistered User at any time by deleting his/her registration.
4.1. Your Content. You are solely responsible for all Content or information that You upload, post or otherwise transmit via the Services.
4.2. Ownership and License of Your Content and Information. Curiosity makes no claim to ownership of any Content or information You provide to Curiosity and will not pay any compensation to You with respect to any use of Your Content or information by us or our licensees. You hereby grant Curiosity and all other Users of the Services an irrevocable, perpetual, worldwide, transferable, royalty-free, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to (a) use, reproduce, distribute and otherwise exploit such Content and information (including in digital form) in the Services, (b) create and retain still images using so-called capture functions or screenshot functions (regardless of whether such functions are provided as part of the Services), and (c) reproduce and distribute the still images specified in (b) using one’s own or third-party services (excluding still images of which the rights are assigned to or that belong to the service provider pursuant to an agreement relating to use of such third-party services). Such license shall not include the right to modify and edit the Content, and to use the Content for any commercial purposes. Without in any way limiting the foregoing, You hereby agree a Registered User may, through individual specification on the Services, grant royalty-free, fully paid up licenses without restriction on region or time concerning Published Content to Curiosity and other Users to create derivative works of Content and create new content using such Content; provided that such Registered User shall also grant a license to publish the derivative works and new content as new Content using the Services and use it in the formats specified in these Terms. The license granted by You pursuant to this Section 4.2 does not include the right for use of such Content for commercial purposes outside of the Services. In addition to the rights granted by You hereunder, You grant to Curiosity a gratis license without restriction on region or time to use Content (regardless of manner of use) in order to operate, improve, conduct advertising and publicity of the Services, develop new services, and analyze data. You agree that Curiosity may pass or sublicense these rights along to others with whom Curiosity has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. You represent and warrant that You have proper authorization for the worldwide transfer and processing among Curiosity and third-party providers of any Content or information that You may provide to Curiosity. You also represent to us that, by submitting Content or information to Curiosity and granting Curiosity the rights described in these Terms, You are not infringing or violating the personal or property rights of any person or third party. Curiosity is under no obligation to post or use any of Your Content or information and may remove any Content or information at any time in its sole discretion.
4.3. Public Information. Please remember that any information and Content disclosed publicly through the Services becomes public information, and You should exercise caution when deciding to disclose Your personal information and other Content.
4.4. Submissions. Unless Curiosity has entered into a separate written agreement with You that explicitly states to the contrary, You agree that Curiosity can use and freely exploit any information, feedback, questions, comments or the like that You provide to Curiosity in connection with the Services (“Submissions”) on a non-confidential and non-proprietary basis and the Submissions will become and remain the property of Curiosity. No compensation will be paid with respect to the use of any Submissions that You provide to Curiosity. Curiosity is under no obligation to post or use any of Your Submissions and may remove any Submissions or information at any time in its sole discretion.
4.5. Indemnification. You agree to indemnify, defend and hold harmless Curiosity and its affiliates, and their respective officers, employees, users, licensors and partners, from and against any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Your Content, Your Submissions, or Your use of the Services, including without limitation, Your use of any information You learn from Your use of the Services, and for Your breach of these Terms. You are solely responsible for any claims brought by a third party, including, without limitation, for Your use of any information You learn from Your use of the Services.
5. NOTICES; MODIFICATION/TERMINATION OF TERMS AND/OR SERVICES
5.1. Notices. You agree that Curiosity may provide notice to You via email, regular mail, the App, or posting notices or links to notices on Curiosity’s website or through the Services.
5.2. Modification of Terms and Services. Curiosity may update or change these Terms, and any other terms, conditions, and notices for the Services from time to time. You understand that Curiosity reserves the right to make these changes and that You are responsible for regularly reviewing these Terms and other terms, conditions, and notices. Continued access to or use of the Services after any such change shall constitute Your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time. Curiosity may also make changes to the Services (including Content, product offerings and pricing) at any time and without notice. No modification of these Terms will be binding on Curiosity unless posted by Curiosity, or unless in writing and signed by a person authorized to act on behalf of Curiosity. You should periodically visit our website to review the current Terms.
6. THIRD PARTY LINKS AND TRANSACTIONS
6.1. Curiosity or its users may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave the Services to access third-party material or by bringing the third-party material into the Services via “inverse” hyperlinks and framing technology (each a “Linked Website”). Curiosity has no control over the Content on a Linked Website and is not responsible for the operation of any Linked Website. Curiosity is offering these links to You as a convenience only, and the fact that Curiosity has provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.
6.2. Curiosity urges You to make sure You understand the risks associated with using, retrieving, or relying upon any information found on the internet before using, retrieving, or relying upon any such information from a Linked Website. Your correspondence or business dealings with, or participation in promotions of, advertisers or users other than Curiosity found on or through our Services are solely between You and such advertiser or other user. Curiosity will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any Linked Website.
7. CURIOSITY INTELLECTUAL PROPERTY
7.1. All materials available through the Services and not provided by Users of the Service are the property of Curiosity, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Curiosity, or affiliated companies and/or third-party licensors.
7.2. Except as expressly authorized in writing by Curiosity or permitted under these Terms, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of our Content or Content of others (including without limitation, text, images, photographs, video, audio, graphics, user interface, and other Content provided on the Services, and the selection, coordination, and arrangement of such Content (whether by us or by You) in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Curiosity discloses to You. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and You shall reproduce and copy all such notices and legends on all copies of any part of the Services that You are permitted to make hereunder, if any. You may use the Services and the Contents contained in the Services solely for Your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Any rights not expressly granted herein are reserved.
7.3. Any software which may be downloaded through the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
8.1. YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. CURIOSITY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2. CURIOSITY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE THROUGH THE SERVICES OR PROVIDED ON THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES.
8.3. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimer may not apply.
9.1. CURIOSITY WILL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CURIOSITY OR CONTENT, INFORMATION, OR SERVICES ACCESSED OR OBTAINED THROUGH CURIOSITY/REMEMORY SERVICES.
9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CURIOSITY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS, WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CURIOSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PARTY ON OR THROUGH SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.
9.3. CURIOSITY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $100.
9.4. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.
10. PRIVACY AND PERSONAL INFORMATION
10.1. You consent to the collection, processing and storage by Curiosity of Your personal information in accordance with the terms of Curiosity's Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of Curiosity's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with the Services.
11.1. These Terms including any Dispute, as defined below, shall be governed by and construed in accordance with the laws of Japan. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms.
11.2. Curiosity makes no representation that the Content or information available through the Services is appropriate for access outside of the United States or Japan. Those who choose to access the Services from outside the United States or Japan do so at their own initiative and are responsible for compliance with local laws.
11.3. Although the Services are accessible worldwide, they are not accessible to all persons or in all geographic locations. Curiosity reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires. Any offer for any Service provided by Curiosity is void where prohibited.
12. JURISDICTION. All disputes under these Terms or related in any way to Your use of the Services, including any communications or other interactions between You and Curiosity (a “Dispute”), shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan for the first instance.
13.1. You must not assign or otherwise transfer the Terms or any right granted hereunder. Any assignment in violation of this section will be null and void.
13.2. You agree that any material breach of these Terms will result in irreparable harm to Curiosity for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Curiosity will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Curiosity seeks such an injunction.
13.3. Services derived or obtained from Curiosity may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; and (b) not provide Services, Content, or products derived or obtained from the Services to prohibited countries and entities identified in the U.S. export regulations.
13.4. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
13.5. You agree to comply with all applicable laws and regulations. If any legal authority, having the jurisdiction, rules that any part of these Terms is invalid, that section will be removed and the remaining terms will be valid and enforceable.
13.6. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
13.7. Curiosity reserves the right at all times to disclose any information as Curiosity deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Curiosity's sole discretion.
13.8. Curiosity shall not be considered in default of performance of its obligations under this Agreement to the extent that performance of such obligations is delayed by force majeure such as fire, flood, earthquake, computer virus damage, power outage damage, server failure, communications line failure, damage from natural disaster or other acts of God beyond the reasonable control of Curiosity (each, a “Force Majeure”). Additionally, You acknowledge in advance that data managed or provided through the Services (including any Content recorded, edited, or Published using the Services) may be deleted or altered due to Force Majeure.
13.9. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.