Effective Date: February 17, 2015
Curarium is a platform for exploring, analyzing, and making arguments about collections and the objects they comprise. It leverages the power of collections to tell stories by giving users tools ranging from item-level annotations to comprehensive, repository-wide visualizations, allowing them to bring both objects and the communities to which they belong into dialogue with one another.
1. Acceptance of Terms of Service
Please read the terms contained in this Agreement carefully. You can access this Agreement at any time at http://curarium.com/terms/. Your use of any aspect of the Services constitutes your acceptance of the terms contained in this Agreement. If you cannot agree with the terms contained in this Agreement, please do not use the Services. Curarium reserves the right to change, replace, or otherwise modify this Agreement from time to time. The date of last modification will be posted at the beginning of this Agreement. It is the your responsibility to check from time to time for updates.
2. Your Use of Curarium
Curarium is a platform for exploring and analyzing collections and the objects they comprise. It helps users annotate, visualize, and compare objects in collections by providing a series of annotation and presentation tools. Subject to your compliance with this Agreement, Curarium gives you permission to use these Services. Your use is subject to the following restrictions and obligations:
You must be at least
13 years of age to use Curarium. If you are under the age of 18 but at least 13
years of age, you may use the Services only under the supervision of a parent
or legal guardian who agrees to be bound by this Agreement.
You may only use the
Services for personal use, and you may not transfer your right to use the
Service to others. If you wish to create an organizational account, please
contact Curarium at firstname.lastname@example.org.
You may not use the
Services to transmit, route, provide connections to, or store any content that
violates the rights of any third party, or to upload or promote any material
that constitutes junk mail, spam, or commercial offers.
You agree not to
disrupt, overwhelm, attack, modify, reverse engineer or interfere with the
Services or its associated software, hardware, or servers in any way, and you
agree not to impede or interfere with others' use of the Services.
Except as expressly
authorized through the platform, you may not copy, rip, or capture any content
encountered on the Services. This includes bulk copying or scraping any portion of the website content
using a bot or other tool. We welcome academic analysis of the Curarium website
using scraping or other tools, but please contact Curarium directly at
email@example.com to seek permission.
You may only use these Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
3. Member Accounts
In order to access some features of the Services, you will be required to register an account with Curarium. Registration may require to provide certain information, including your name and e-mail address. Storage and use of that information is governed by the Berkman Centers .
You are solely responsible for all usage or activity on your account, with or without your authorization. You hereby agree not to create an account on behalf of someone other than yourself or by using a fake identity. Curarium reserves the right to delete accounts or ban users for any reason. If you were previously banned or had your account revoked at any time, you may not register for another account.
If you would like to terminate an account, or if you have reason to believe that your account is no longer secure, please notify us at firstname.lastname@example.org.
4. Uploading or Generating Content
Some portions of the Services provide Users the ability to upload information, including JSON files referencing media hosted on other platforms, and to generate and post content (collectively, User Content). You retain ownership over all information User Content. By submitting User Content, however, you grant Curarium a nonexclusive, perpetual, irrevocable, world-wide, fully paid-up, sublicensable, and transferable license to use, reproduce, display, annotate, transmit, perform, modify, translate, your User Content in any medium now known or hereafter devised, including, without limitation, third-party websites where Curarium content is transmitted or syndicated.
By uploading User Content, you further represent and warrant
you have all rights
necessary to upload, link, generate, or post the User Content to the Services;
your use and Curariums use of the User Content does not infringe or violate
the rights of any third party, including, without limitation, any intellectual
property rights, performers rights, or rights of privacy or
the User Content is
not unlawful, abusive, defamatory, or obscene; and
the User Content does not and will not create any liability on the part of Curarium or any of its affiliates.
By uploading User Content, you also agree to execute and deliver any documents and provide all assistance reasonably requested by Curarium to provide the full benefits granted to Curarium by you.
5. Reporting Copyright Infringement
Please note that Curarium does not host many of the visual objects displayed on the website, and instead uses the application interfaces of third-party content hosts to display such content. Therefore, if you are concerned about images that are hosted online without your permission, you should instead to contact the underlying image host.
If you are the copyright owner of a work that you believe is infringed on the Curarium website, you may notify Curarium by providing the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent identified below:
A. Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site;
B. Identification of the material that
is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit Curarium to locate the material;
C. Information reasonably sufficient
to permit Curarium to contact the complaining party, such as an address,
telephone number, and if available, an electronic mail address at which the complaining
party may be contacted;
D. A statement that the complaining
party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
E. A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; and
F. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Such notices may be sent to Curariums Copyright Agent, at:
Harvard University Information Technology
IT Security | Policy, Risk and Compliance
1414 Massachusetts Avenue, Room 346
Cambridge, MA 02138
Note: Only copyright complaints should be sent to the agent. For communications on other matters, please contact Curarium at email@example.com.
6. Third-Party Services
Curarium relies on other services at the metaLAB at Harvard University, and some third-party services, to operate this website and provide these Services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Curarium may not maintain or control such websites and services, and cannot be held responsible for their content, operation, or use. Curarium does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by third-party websites and services. Curarium disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Curarium with respect to the content or operation of any such third-party websites and services.
7. Termination of Accounts or User Content
Curarium reserves the right, but is not obligated, to monitor your usage of the Services, and to review, edit, move or delete any account or User Content, in its sole discretion, without notice, at any time. Any violation of this Agreement is grounds for your immediate termination, without notice.
8. Comments or Actions by Others Are Not Endorsed by Curarium
Curarium is creating an online platform where users can curate, annotate, and share information about collections of media, and therefore does not inherently endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted or otherwise provided by any individual or other entity through the Services. Any information or material placed online is the views and responsibility of those who post the statements and do not necessarily represent the views of Curarium or its third party service providers. You agree that Curarium and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material that violate this Agreement.
You agree to indemnify Curarium and its affiliates, employees, agents, representatives, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) arising out of or related to your breach of this Agreement or your use of the Services.
10. Disclaimer of Warranty
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS IS, AND CURARIUM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. CURARIUM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
11. Limitation of Liability
CURARIUM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF CURARIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Severability, No Waiver
13. Governing Law and Venue
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Middlesex or Suffolk County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
14. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements relating to the use of the Services.
15. Contact Us
If you have questions about this Agreement, please contact us at
Berkman Center for Internet & Society
23 Everett St., Second Floor
Cambridge, MA 02138