Terms of Service

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the WebCurate website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“WebCurate”, “Operator”, “we”, “us” or “our”).

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you may not access and use the Website and Services.

By accessing and using the Website and Services, you agree to be bound by the terms of this Agreement and our Privacy Policy. If you don’t agree with them, you may not use the Service.

Age requirement

You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association or endorsement with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Third-Party Content, Advertisements, and Promotions

Links to third-party websites, products, or services may be found on the Service and may have been placed by users, partners, affiliates, or advertisers (collectively, "Third-Party Content"). We have no control over third-party content, and we are not responsible for any third-party websites, products, or services. Third-Party Content is used at your own risk, therefore before entering in any transaction involving such Third-Party Content, you should conduct whatever research you deem necessary.

Additionally, sponsored Third-Party Content or advertising may be included on the Service. You understand and agree that we may show advertising in conjunction with the display of any Content or information on the Services, including Your Content, and that the kind, extent, and targeting of advertisements are subject to change.

Featured submissions and Sponsorships

All content submitted for Featured Submissions and Sponsorships must be: (a) Original: Created by you and not copied from any other source. (b) Non-infringing: Does not violate any intellectual property rights of others, including copyrights, trademarks, or patents. (c) Not misleading: Presents information accurately and truthfully, without any false or deceptive claims. WebCurate reserves the right to remove or decline any content that fails to meet these requirements or otherwise violates its guidelines.

WebCurate cannot guarantee any specific level of audience engagement (e.g., views, clicks) or desired outcomes (e.g., leads, sales) for Featured Submissions or Sponsorships. Your results will depend on various factors, including the content itself, the target audience, and current market conditions.

While we strive to deliver the services described on our website, including those offered in the Featured Submissions and Sponsorship packages, we cannot guarantee specific results or be held liable for any shortfalls or lack of service delivery, even for Featured Submissions or Sponsorship packages.

It is important to understand that WebCurate does not endorse or recommend any Sponsors or their associated products or services. You are fully responsible for conducting your own research and due diligence before engaging with any Sponsor.

WebCurate does not offer refunds under any circumstances, including dissatisfaction with the service, or change of mind. Once a purchase is confirmed, all associated charges become non-refundable. This policy applies to both Featured submissions and Sponsorships.

If you believe an error has occurred in your billing, please contact WebCurate's customer support team at [email protected]. The team will investigate and work with you to resolve any discrepancies promptly.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Feedback

We value hearing from our users and are always interested in learning about ways we can make WebCurate better. Any ideas, comments, suggestions, and feedback about WebCurate or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, comments, suggestions, and feedback freely without any restriction, attribution, compensation, or obligation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You also agree that WebCurate has the right to use any similar or related feedback that was previously known to WebCurate, created by its employees, or acquired from sources other than you. This right is not waived by WebCurate accepting your submission.

Disclaimer of warranty

YOU AGREE THAT YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO ANYTHING RELATED TO YOU OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

WE DO NOT NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR CONNECTED TO THE SERVICES, OR FOR ANY THIRD-PARTY OR USER'S ACTIONS. WHILE WE MAKE AN EFFORT TO ENSURE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS SECURE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR PROMOTED IN THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMNITOOLS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OR CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) OR ANYTHING, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF OMNITOOLS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.(B) WE WILL NOT BE RESPONSIBLE FOR INSECURITY, LOSS, OR MISUSE WITH YOUR PROFILE INCLUDING YOUR PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS, PROFILE PICTURE, POSTS, STATISTICS OR ANY FORM OF DATA THAT IS RELATED TO YOU. THE LIMITATIONS SET FORTH ABOVE WILL ALSO APPLY TO ANY LOSSES AND DAMAGES YOU MIGHT SUSTAIN AS A RESULT OF ANY CONTENT OR SERVICES THAT WERE RECEIVED BY YOU THROUGH THE SERVICE, THOSE THAT WERE ADVERTISED ON THE SERVICE, OR THOSE THAT WERE OBTAINED BY YOU FROM ANY OTHER THIRD PARTIES BESIDES OMNITOOLS. YOU ALSO AGREE THAT OMNITOOLS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICE AND/OR THE TERMS, AS WELL AS YOUR RIGHT TO JOIN A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS, INVOLVING SUCH A DISPUTE.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

[email protected]

This document was last updated on January 21, 2024