Terms and Conditions ("Terms")

Last updated: October 06, 2016


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://curationwall.com website (the "Service") operated by Social Media Software Ltd ("us", "we", or "our").


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Subscriptions


Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.


At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Social Media Software Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Social Media Software Ltd customer support team.


A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Social Media Software Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Social Media Software Ltd to charge all Subscription fees incurred through your account to any such payment instruments.


Should automatic billing fail to occur for any reason, Social Media Software Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.


Logo & Brand Name Use


By using this service you give Curation Wall, and it's parent company Social Media Software Ltd, rights to use your brand''s logo and name on our website and on 3rd party material such as PDFs or printed docuemnts, for promotional reasons.


Should you wish to opt-out of this, simply email hello@curationwall.com explaining you do not wish your logo or brand name to be used for promotional reasons.


Free Trial


Social Media Software Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").


You will not be required to enter your billing information in order to sign up for the Free Trial.


At any time and without notice, Social Media Software Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.


Fee Changes


Social Media Software Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.


Social Media Software Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.


Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.


Refunds


Certain refund requests for Subscriptions may be considered by Social Media Software Ltd on a case-by-case basis and granted in sole discretion of Social Media Software Ltd.


Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.


You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.


You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.


Intellectual Property


The Service and its original content, features and functionality are and will remain the exclusive property of Social Media Software Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Social Media Software Ltd.


Links To Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Social Media Software Ltd.


Social Media Software Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Social Media Software Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination


We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.


Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification


You agree to defend, indemnify and hold harmless Social Media Software Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.


Limitation Of Liability


In no event shall Social Media Software Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.


Social Media Software Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Exclusions


Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Social Media Software Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Social Media Software Ltd or any person for whom Social Media Software Ltd is responsible, and even if Social Media Software Ltd has been advised of the possibility of such loss or damage being incurred.


Governing Law


These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.


Privacy Policy and Cookie Policy


Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.


Contact Us


If you have any questions about these Terms, please contact us.