TERMS OF SERVICE
Effective Date: January 3rd, 2024
Welcome to Curator Live, provided by Nebular Design, LLC (referred to herein as “we,” “us,” “our,” or the “Company”). These Terms of Service (“Terms”) govern your access to and use of our websites, applications, and related services (collectively, the “Services”). By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree with any provision herein, please discontinue use of our Services immediately.
1. Acceptance & Scope
- Binding Agreement
By creating an account, or by accessing or using our Services in any manner, you acknowledge and agree to be legally bound by these Terms, along with our
Privacy Policy (collectively, the “Agreements”). If you do not accept these Terms, you are not authorized to use the Services. - Modifications
We may revise these Terms at any time by posting an updated version on our website or app. The updated Terms will take effect as of the published “Effective Date.” Continued use of the Services following any changes indicates your acceptance of those revisions. - Additional Policies & Guidelines
Certain features or tools may be governed by separate guidelines or additional terms, which will be incorporated by reference into these Terms. If there is a conflict between these Terms and the additional terms, the additional terms will control with respect to such features or tools.
2. Eligibility
- Minimum Age
You must be at least 13 years of age (or the age of majority in your jurisdiction if higher) to use our Services. By accessing or using the Services, you represent and warrant that you are legally capable of forming a binding contract. - Business Use & Authority
If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such a case, the words “you” or “your” refer to both you as an individual and the entity you represent.
3. User Accounts
- Registration
You may be required to create a user account to access certain features. In doing so, you agree to:- Provide accurate and up-to-date information.
- Maintain the security of your login credentials.
- Notify us immediately if you become aware of any unauthorized use of your account or any other security breach.
- Accept responsibility for any actions that take place under your account.
- Account Restrictions
We reserve the right to suspend or terminate user accounts that we believe, in our sole discretion, are violating these Terms or that pose a security or legal risk.
4. Our Services
- Service Description
Curator Live offers a photo/video capture application and platform that enables users to:- Capture and share images, videos, or other media.
- Integrate with third-party services, such as social media.
- Provide analytics, reporting, or event-based engagement.
- Availability & Updates
We strive to keep the Services operational and up to date; however, we reserve the right to modify or discontinue the Services (in whole or in part) at any time without liability to you. - Third-Party Integrations
Certain features may rely on or connect to external providers (e.g., social media platforms, payment processors). We do not control such third parties and are not responsible for their services or terms. Your use of third-party services is at your own risk and subject to their respective policies.
5. Payments & Subscriptions
- Fees & Charges
We may charge fees for certain premium features or subscription tiers. The amount and payment terms will be posted on our website or within the Services. By purchasing a subscription or license, you agree to pay all applicable charges in accordance with the payment schedule. - Billing & Payment Methods
- You must provide valid payment information (e.g., credit card, electronic payment).
- You authorize us (or our third-party payment processor) to charge your payment method for any subscriptions or fees.
- If payment cannot be processed or is otherwise declined, we may suspend or terminate your access to fee-based features.
- Refunds
Except as required by applicable law or stated in a separate policy, all fees are non-refundable.
6. Intellectual Property
- Company Content
We (and/or our licensors) own all rights, title, and interest in and to the Services and all related content, including but not limited to text, graphics, logos, trademarks, and software code (“Company IP”). Except as expressly permitted by these Terms, you may not modify, reproduce, distribute, or create derivative works from the Company IP without our prior written consent. - User Content
- By uploading or posting any data, images, or other content (“User Content”) through the Services, you represent that you own or have the necessary rights to such User Content.
- You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, display, distribute, and create derivative works of your User Content in connection with the operation and improvement of our Services.
- You are solely responsible for your User Content and the consequences of sharing it through our platform.
- Feedback
If you provide feedback or suggestions regarding the Services, we may use such information without obligation or compensation to you.
7. Acceptable Use
- Prohibited Activities
You agree not to:- Use the Services in a manner that violates any applicable laws or regulations.
- Infringe or misappropriate the intellectual property rights of others.
- Upload or distribute viruses, malware, or any other harmful code.
- Attempt to disrupt or impair the security, availability, or performance of the Services.
- Engage in any fraudulent, deceptive, or tortious activity.
- Monitoring & Enforcement
We reserve the right (but do not have an obligation) to review or monitor any User Content and to remove or disable access to content or user accounts that violate these Terms or applicable law.
8. Privacy & Data Protection
Our collection and use of personal data through the Services are governed by our
Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully for details on how we handle user information.
9. Disclaimers
- No Warranty
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. - Third-Party Services
We do not endorse or assume responsibility for any third-party websites, apps, or services linked to or integrated with the Services. - User Content
We are not responsible for any User Content posted, shared, or otherwise provided by users via the Services. Any statements, offers, or opinions expressed by users are theirs alone.
10. Limitation of Liability
- Indirect Damages
To the extent permitted by law, in no event shall we (or our officers, directors, employees, or agents) be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use (or inability to use) the Services. - Maximum Liability
Our total liability for all claims relating to the Services shall not exceed the amount paid by you, if any, to use the Services during the 12-month period preceding the event giving rise to the claim. - Jurisdictional Limitations
Some jurisdictions do not allow certain limitations of liability. In such cases, the liability of Nebular Design, LLC and its affiliates will be limited to the extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Nebular Design, LLC (including Curator Live, its officers, directors, employees, and agents) from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
- Your violation of these Terms or applicable law.
- Your infringement of any intellectual property or other rights of a third party.
- Your User Content or activities in connection with the Services.
12. Termination
- By You
You can stop using the Services at any time. If you wish to delete your account, you may do so by contacting us at
[email protected]. - By Us
We may suspend or terminate your access to the Services (including your account) at our sole discretion for any reason, including violation of these Terms, without prior notice. - Effect of Termination
Upon termination, all rights granted to you under these Terms will cease immediately. We may remove or delete your User Content from our systems, subject to our data retention policies and legal obligations.
13. Governing Law & Dispute Resolution
- Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. - Dispute Resolution
In the event of a dispute arising under these Terms, the parties agree to first attempt to resolve the issue informally. If a resolution cannot be reached, any dispute shall be resolved exclusively in the state or federal courts located in Palm Beach County, Florida, unless otherwise required by applicable law. You consent to the personal jurisdiction of such courts. - Injunctive Relief
Nothing in these Terms prevents us from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property or other proprietary rights.
14. General Provisions
- Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. - Waiver
Any failure by us to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision. - Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets. - Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the subject matter hereof, superseding all prior or contemporaneous understandings.
15. Contact Us
If you have any questions or concerns about these Terms or our Services, please reach out to us:
- Email: [email protected]
- Address: 22 Swinton Gardens Dr., Delray Beach, FL 33444, USA
Thank you for choosing Curator Live! Please review these Terms periodically for changes and stay informed about how we operate. By continuing to use our Services, you signify your ongoing agreement.