Terms of Use
Effective Date: AUGUST 25, 2022
These Terms of Use (“Terms of Use”) apply to all websites, apps, and services operated and controlled by CuriosityStream Inc. (either “we,” “us” or “CS”) or a third-party agent of CS, and other websites, apps, and services where these Terms of Use are posted (the “Sites”). The Sites include, without limitation, the services offered on or in connection with the Curiosity Stream (https://curiositystream.com/), One Day University (https://www.onedayu.com/), and Learn25 (https://www.learn25.com/) websites and any related mobile applications or platforms. These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.
YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES AND, IF YOU ARE A USER BASED IN GERMANY, ACCEPTING THE TERMS OF USE SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE AND/OR REGISTER WITH THE SITES.
IMPORTANT NOTICE REGARDING ARBITRATION: Please note the arbitration provision set forth below, which, with limited exceptions, requires you to arbitrate any claims you may have against CS on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. The preceding provision regarding arbitration does not apply if you are a user based in Germany.
You understand and agree that the Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any software on the Sites. The opinions expressed on the Sites are not necessarily the opinions of CS or its employees and may or may not be totally accurate. The content provided through the Sites is for educational and informational purposes only. The Sites are not intended to provide tax, legal, accounting, financial, or any other form of professional advice.
Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such additional rules to you via postings, pop-up notices, links, or any other means, or otherwise in the manner required by applicable law, at the time that you access or use the relevant area, feature or functionality and, if you are a user based in Germany, before a contract is concluded. From time to time, such additional rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms of Use” in this agreement includes the Additional Terms.
1. Ownership of the Sites
The Sites contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (“Content”). This Content is subject to copyrights and/or other intellectual property or proprietary rights owned by CS and other individuals or entities and is protected by United States and international intellectual property laws.
2. Use of CS Content
THE SITES AND THE CONTENT OFFERED ON THE SITES ARE MADE AVAILABLE TO USERS FOR NON-COMMERCIAL USE AS SET FORTH IN THESE TERMS. You may use the Sites and the Content for, and only for, (i) your personal use; or (ii) bona fide educational purposes in a classroom or academic setting. In either case, CS authorizes you to view a single copy of the Content as made available on the Sites. Under no circumstances may the Sites or Content be used in or for any commercial or for-profit manner or purpose. You may not either directly or through use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale of, create derivative works of, or in any way exploit the Content of these Sites or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including CS’s servers, computer network, or user accounts.
Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms of Use, your permission to use the Content automatically terminates.
3. Trademark Rights
The names, trademarks, service marks, and logos of CS belong exclusively to CS and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and other intellectual property laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Sites confers on you any license or right under any trademark of CS or any third party.
4. Subscriptions, Billing, and Cancellation
A. Paid Subscriptions. Many aspects of the Sites and the services offered thereon require payment before they can be accessed or used (“Paid Subscriptions”). While Paid Subscription options will vary from time to time, they will require you to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to you prior to purchase (the “Subscription Period”).
Your Paid Subscription will typically be subject to Additional Terms presented to you prior to purchase. Importantly, Paid Subscriptions typically will not provide access to all services owned and operated by CS. By way of example, a Paid Subscription offer presented on the Curiosity Stream website usually will not entail access to One Day University or Learn 25 content or services. Please carefully review the terms of the applicable offer before registering for a Paid Subscription. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.
By registering for a Paid Subscription, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars (USD).
B. Auto-Renewal and Cancellation. The subscription fee for a Paid Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after your initial Subscription Period, and again after any subsequent Subscription Periods, you will automatically be billed for an additional period of the same length. For example, if you select a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your subscription.
You may cancel your subscription at any time by logging into your account on the Sites or contacting us at [email protected]. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, you will have continued access to the applicable content and/or services for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by CS.
C. Free Trials. On certain occasions, CS may offer free trials of its paid services. If we offer you a free trial, the specific terms of the free trial will be stated on the relevant portion of the Sites or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the terms of the free trial, it will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your subscription at anytime by logging into your account or contacting us at [email protected]. The free trial offer terms will present the details of the free trial and the Paid Subscription that will result absent cancellation.
D. Promotions and Gift Cards. On certain occasions, you may acquire your Paid Subscription or be offered access to the Sites and/or the Content by an agreement between CS and a third-party, such as your cable operator or television provider. In such cases, separate terms and conditions with such third party may apply to your use of the Sites in addition to these Terms of Use.
If you purchase a Paid Subscription using a code, gift card, or other such offer provided or sold by or on behalf of CS for access to a Paid Subscription, the CS Gift Subscription Terms, available at https://curiositystream.com/giftterms, will apply. If you are a user based in Germany, these Terms will be brought to your attention before a contract is concluded.
5. Other Transactions
Certain areas of the Sites may permit users to purchase products or services on a non-subscription basis, including physical merchandise. By using the Sites, you agree to provide current, complete and accurate purchase information for all purchases made on the Sites. You further agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, as applicable, so that we can complete your transactions and contact you as needed.
CS reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will notify you by contacting the email and/or billing phone number provided at the time the order was made, stating the relevant reasons.
Certain products or services displayed on the Sites may have limited quantities and may not always be available. Purchase of our products for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by unauthorized dealers, resellers, or distributors, and to cease doing business with any such customers, with no further notice.
We strive to display the colors and other features of our products that appear on the Sites as accurately as possible, but we cannot guarantee that your computer monitor’s display of any of colors or other features will always be accurate.
More generally, we do not warrant that the quality of any products purchased or obtained by you will meet your expectations. If a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to seek to return the product under the terms of the applicable return policy, if any. All decisions related to returns will be made by CS, in its sole discretion. Some jurisdictions do not allow the exclusion of certain warranties. For users based in Germany, please see the specific terms set out in Section 22 under “Remedies”).
6. Product and Service Descriptions, Availability, and Pricing
CS strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability. The prices displayed on the Sites are quoted in USD and are subject to change without notice insofar as permitted under applicable law. To the extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice. For users based in Germany, please see the specific terms set out in Section 22 under “Transactions”.
7. License Grant for Your Content
If you make any submission to or communications on the Sites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted CS, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. CS may sublicense its rights through multiple tiers of sublicenses.
You agree that CS shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with these Terms of Use. CS shall have the right, where permitted by applicable law in its sole discretion, to edit, move, delete, or refuse to post any material shared by users of the Sites for any reason, including violation of these Terms of Use, whether for legal or other reasons. Notwithstanding this right of ours, users shall remain solely responsible for the content that they share on or through the Sites. Further, you acknowledge that, once published, we cannot always remove your content.
Communications and content submitted on or through the Sites shall not be deemed confidential and CS shall not have any obligation to keep any such material confidential. CS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
8. Age Limitation
The Sites are not intended for use by persons under the age of 13, or under the age of 18 for EU visitors. CS does not knowingly collect information from visitors under the age of 13, or 18 in the EU, and in the event that we learn that a person under the age of 13, or 18 for the EU, has provided CS with personal information, we will delete such personal information. If you are 13 years of age or older but under the age of majority in your jurisdiction of residence, you may only use the Sites with the permission and involvement of a parent or legal guardian who has agreed to these Terms of Use.
9. User Conduct
By using the Sites, you agree to not use the Sites in any manner that:
• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes CS to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by CS in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof or otherwise exploit the services or any software or content therein, except as expressly permitted by us or as permitted under applicable law;
• Violates, or encourages anyone to violate these Terms of Use or the Privacy Policy; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
10. Disclaimer of Warranties
EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO WARRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCRIPTIONS APPLY (PLEASE SEE SECTION 22 UNDER “WARRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCRIPTIONS”), THE FOLLOWING APPLIES: THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” CS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. CS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, CS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL CS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
11. Limitation of Liability
EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO LIMITATION OF LIABILITY APPLY (PLEASE SEE SECTION 22 UNDER “LIMITATION OF LIABILITY”), THE FOLLOWING APPLIES: In no event shall CS, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not CS is advised of the possibility of such damages. CS is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content.
In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of CS, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, CS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CS IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY CS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
12. Passwords and Account Creation
To access certain portions of the Sites, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.
Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. CS reserves the right to access and disclose in accordance with applicable law any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
13. Indemnification
You agree to defend (at CS’s option), indemnify, and hold CS harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms of Use. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
14. Privacy
We collect personal information on the Sites, which is subject to the terms of our Privacy Policy, which is available here (https://curiositystream.com/privacy).
15. Links to External Sites
The Sites may contain links to other websites. We do not control and are not responsible for the content or availability of these external sites nor do we endorse the activities or services provided by these websites. Insofar as permitted by applicable law, under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Accessing third-party websites from our Sites is done entirely at your own risk.
16. Dispute Resolution
By using the Sites, you and CS agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
• Us, at CuriosityStream Inc. 8484 Georgia Ave., Suite 700, Silver Spring, MD 20910
• You, at the physical or email address we have on file for you.
Both you and CS agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and CS agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or CS may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
This Section 16 does not apply if you are a user based in Germany.
17. Choice of Law
You agree that the laws of the United States and the State of Maryland govern these Terms of Use and any claim or dispute that you may have against us, without regard to Maryland’s or any other jurisdiction’s conflict of laws rules.
This does not deprive consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of a choice of law, would have been applicable (e.g., consumer laws of the consumer’s state of habitual residence). Thus, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.
The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The preceding provision regarding arbitration does not apply if you are a user based in Germany.
18. Choice of Forum
Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action. This Section 18 does not apply if you are a user based in Germany (please see Section 22 under “Choice of Forum” regarding German-specific terms).
19. Modification & Termination
We reserve the right to modify these Terms of Use at any time. When we do so, we will update the “Effective Date” above and/or provide notice to users by any other means we deem reasonable, in our sole discretion. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms of Use, as modified. Any changes to the Terms of Use will only apply to orders placed on or after the effective date of the updated Terms of Use. In this respect, the version of the Terms of Use in force and made available at the time of the order shall prevail. The preceding provision regarding modification does not apply if you are a user based in Germany (please see Section 22 under “Modification” regarding German-specific terms).
We may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion.
We shall have the right to immediately terminate these Terms of Use and your of the Sites at any time and for any reason, including if we consider your use of the Sites to be unacceptable, or in the event of any breach by you of these Terms of Use. The preceding provision regarding termination does not apply if you are a user based in Germany (please see Section 22 under “Termination” regarding German-specific terms).
The provisions of Sections 1, 2, 3, 4, 7, 10, 11, 13, 16, 17, 18, 19, and 20 shall survive termination of these Terms of Use, as well as (insofar as permitted by applicable law) any other sections of these Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of these Terms of Use.
20. Miscellaneous
A. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If CS does not exercise or enforce any legal right or remedy which is contained in these Terms (or which CS has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of CS’s rights, and all such rights or remedies shall still be available to CS.
B. Severability. If any provision of these Terms of Use is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
C. Entire Agreement. These Terms of Use, including any Additional Terms, set forth the entire understanding and agreement between us with respect to your use of the Sites.
D. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. This clause D. does not apply if you are a user based in Germany (please see Section 22 under “Assignment” regarding German-specific terms).
E. No Relationship. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and CS.
Notice to California Residents. You may reach CS at the contact information provided below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Contacting CS
If you have any questions about these Terms of Use, please contact us at the following address:
CuriosityStream Inc.
8484 Georgia Ave., Suite 700
Silver Spring, MD 20910
[email protected]
22. GERMANY-SPECIFIC DISCLOSURES
Notwithstanding the previous provisions of the Terms of Use, the following provisions shall prevail for users based in Germany:
• Contract Conclusion, Right to Withdraw and Other Rules Specific to Certain Products and Services. The information on the technical steps that lead to the conclusion of the contract between you and CS regarding your use of the Sites as well as on the conditions, time limit and procedures for exercising your right of withdrawal as a consumer and other information specific to certain products and services (including among other things the price and the arrangements for payment, delivery and performance) provided through the Sites are set out in the Additional Terms. The applicable Additional Terms will be brought to your attention before a contract is concluded. The language of the contract is German.
You can print out or save this version of the Terms of Use using the corresponding functions of your browser or download it here as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the services and products by email upon order confirmation. The contract terms will be saved and stored after the contract has been concluded internally by us in compliance with data protection requirements but are not stored and saved for you. The order confirmation and text of these Terms of Use should be kept carefully by you.
• Online Dispute Resolution. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
• Choice of Forum. In deviation from Section 18, any dispute between the parties will be resolved by the competent court of the place where you have your residence or elective domicile.
• Remedies. In deviation from Section 5, if a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, you may have remedies available to you. Please contact us at [email protected].
• Transactions. In deviation from Section 6, we reserve the right to change service descriptions, images, and references and to limit the availability of products or services, but changes will not affect any order for products or services you have already purchased.
• Modification. In deviation from Section 19, we reserve the right to modify these Terms of Use at any time, for example, to comply with a changed or new legal situation, a change in the scope of the services provided, or regulatory gaps that have come to light. We will indicate the effective date. Any changes to the Terms of Use will only apply to orders placed on or after the effective date of the updated Terms of Use. In this respect, the version of the Terms of Use in force and made available at the time of the order shall prevail. Amendments to the Terms of Use which shall apply to ongoing services are only made in accordance with the following requirements: Amendments to these Terms of Use shall be offered to you in text form no later than two (2) months before their proposed date of entry into force. If you have agreed to communicate by electronic means with us, the amendments may also be presented electronically. You may either agree to or reject the amendments prior to their proposed date of entry into force. Insofar as the changes only concern the implementation of new regulatory requirements, requirements of case law with regard to these Terms of Use, or reformulation of the Terms of Use without affecting a main service obligation (e.g. fees to be paid), you shall be deemed to have given your consent if you have not indicated your rejection before the proposed date of entry into force of the changes. We shall specifically draw your attention to this effect of approval in our offer. If changes are offered to you, you may also terminate the contract without notice and free of charge before the proposed date of entry into force of the changes. We shall specifically draw your attention to this right of termination in our offer.
• Termination. In deviation from Section 19, we may terminate the account and your use of the Sites for convenience with one (1) week’s prior notice. You are entitled to terminate your use of the Sites and the services with no prior notice, at any moment and for any reason. You may cancel your subscription at any time by logging into your account on the Sites or contacting us at [email protected]. Party’s right to terminate for good cause remains unaffected. We shall be entitled to terminate the services for good cause in particular in the following cases: (i) addressing security issues, (ii) preventing abuse, or (iii) complying with any laws, rules or regulations, or legal or judicial orders. When terminated, you shall refrain from using the Sites and from making them available to third parties.
• Warranty and Remedies for Lack of Conformity of Paid Subscriptions. In deviation from Section 10, access to the Sites is permitted on a temporary basis and we may limit or terminate access to them at any time without any notice. We will not be liable if is the Sites are unavailable at any time or for any period. We are liable for a lack of conformity of Paid Subscriptions in accordance with the statutory requirements. In the case of a lack of conformity of the services provided through the Sites in the context of Paid Subscriptions, you shall be entitled to have the services brought into conformity within a reasonable time from the time we have been informed by you about the lack of conformity, free of charge. Such remedy may be requested by you, unless this would be impossible or would impose costs on us that would be disproportionate, taking into account all the circumstances of the case including: (i) the value the services would have if there were no lack of conformity; and (ii) the significance of the lack of conformity.
Where (i) the remedy above is impossible or disproportionate; (ii) we have not brought the services into conformity in accordance with the paragraph above; (iii) a lack of conformity appears despite our attempt to bring the services into conformity; (iv) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the Terms of Use; or (v) we have declared that we will not bring the service into conformity within a reasonable time, or without significant inconvenience for you, you are entitled to receive a proportionate reduction in the price with reference to Paid Subscriptions or to terminate the Terms of Use as described above in Section “Termination”. The reduction in price shall be proportionate to the decrease in the value of the services which were supplied to you compared to the value that the services would have if they were in conformity. The reimbursement of the above reduction shall be made by us (i) without undue delay and, in any event, within 14 days of the date on which we are informed of your decision for a price reduction according to the above or to terminate the Terms of Use and (ii) using the same means of payment as you used to pay for the Paid Subscription, unless you expressly agree otherwise and provided that you not incur any fees as a result of such reimbursement.
• Limitation of Liability. In deviation from Section 11, unless otherwise stated in these Terms of Use, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. We shall be liable for damages – irrespective of the legal grounds – within the framework of fault-based liability in the event of intent and gross negligence.
In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g., due care in own affairs; insignificant breach of duty) only
a. for damages arising from injury to life, body, or health (i.e., death or personal injury); and
b. for damages arising from the breach of a material contractual obligation (obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk.
Furthermore, any mandatory statutory liability, in particular under the German Product Liability Act, shall remain unaffected. The limitations of liability resulting from this section shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault CS is responsible in accordance with statutory provisions.
• Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. In deviation from Section 20.D., we may assign, transfer, or sublicense any or all of our rights or obligations under these Terms to third parties; in such a case, assignment shall be duly notified to you (and shall be valid from the date of notification) and the third-party assignee shall grant at least the same rights as those granted by us.
