CURIOCITI TERMS OF USE

WELCOME TO CURIOCITI!

Our goal is to keep communities informed and safe by providing real-time reports of incidents.

These Terms of Use (“Terms) are between you and ThingsPh Inc. (“ThingsPH”). These Terms govern your access to and use of ThingsPH’s “Curiociti”, and any videos, live videos, radio and audio transmissions, information, incident alerts, text, graphics, photos or other materials uploaded, downloaded or appearing on Curiociti (collectively referred to as “Content”). Your access to and use of the Curiociti is conditioned on your acceptance of and compliance with these Terms.

By accessing or using Curiociti, you agree to be bound by these Terms.

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You may not submit nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not abuse, harass, threaten, impersonate or intimidate other Curiociti users.
  6. You understand that you should not travel to or remain in any area during, before, or after a crime or other hazardous situation, (ii) any action or failure to act by you in traveling to or remaining in such an area constitutes a breach of these terms.
  7. Curiociti has no right or ability to direct the manner on how you gather your contents. As such any injuries or other damage suffered by you will not be compensable by Curiociti.
  8. You will not incite, encourage, cause, or engage in any criminal, hazardous, illegal or otherwise unsafe activity in connection with your use of the services.
  9. You may not use the Curiociti service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  10. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio, and video clips, links ("Content") that you submit, post, and display on the Curiociti service. The Content you submit, post, or display may be able to be viewed by other users of the Services or members of the public, as well as through third-party services, both online (such as via streaming, download and other digital delivery services) and offline (such as via traditional television distributors).
  11. You must not modify, adapt or hack Curiociti or modify another website so as to falsely imply that it is associated with Curiociti.
  12. You must not crawl, scrape, or otherwise cache any content from Curiociti including but not limited to user profiles and photos.
  13. You must not, in the use of Curiociti, violate any laws in your jurisdiction (including but not limited to copyright laws).
  14. Violation of any of these agreements will result in the termination of your Curiociti account. While Curiociti prohibits such conduct and content on its site, you understand and agree that Curiociti cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Curiociti service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Curiociti service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Contents on Curiociti

  1. All Content transmitted to or through CURIOICITI is the sole responsibility of the person who originated or captured such Content. We may, but are not required to, monitor or control the Content available via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Curiociti or obtained by you through Curiociti is at your sole risk.
  2. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Curiociti or endorse any opinions expressed via Curiociti. You understand that, by using Curiociti, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases Content that has been mislabeled or is otherwise deceptive, objectionable or difficult to view. Under no circumstances will sp0n be liable in any way for any Content not created or modified by Curiociti, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Curiociti or distributed elsewhere.
  3. You acknowledge that, by using the Curiociti, you may be exposed to Content that you find to be offensive, indecent or objectionable. While we ask that our users take reasonable precautions to avoid posting gratuitous content of any nature, by its nature Curiociti makes available information that certain people will find offensive. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Proprietary Rights in Content on Curiociti

  1. Curiociti does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you send to or through the Curiociti Services. By submitting ("submitting") any Content on or through the Curiociti Services, you hereby grant to Curiociti a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Curiociti Services.
  2. Some of the Curiociti Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Curiociti may place such advertising and promotions on the Curiociti Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content submitted by you on or through the Curiociti Services or otherwise have the right to grant the license set forth in this section, (ii) the submission and use of your Content on or through the Curiociti Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the submission of your Content to the Greengrassdoes not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Curiociti Services.
  4. The Curiociti Services contain Content of Greengrass ("Greengrass Content"). Curiociti Content is protected by copyright, trademark, patent, trade secret and other laws, and Curiociti owns and retains all rights in the Curiociti Content and the Curiociti Services. Curiociti hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Curiociti Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Curiociti Services.
  5. The Curiociti Services contain Content of Users and other Curiociti licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Curiociti Services.
  6. Curiociti performs technical functions necessary to offer the Curiociti Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Curiociti Services.
  7. Although the Site and other Curiociti Services are normally available, there will be occasions when the Site or other Curiociti Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Curiociti. Also, although Curiociti will normally only delete Content that violates this Agreement, Curiociti reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Curiociti in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Curiociti encourages you to maintain your own backup of your Content. In other words, Curiociti is not a backup service. Curiociti will not be liable to you for any modification, suspension, or discontinuation of the Curiociti Services, or the loss of any Content.

Restrictions on Contents and Use of Curiociti

We reserve the right at all times (but will not have any obligation) to remove or refuse to distribute any Content on Curiociti and to suspend and or terminate users without notice or liability to you.

  1. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  2. Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  3. Promotes discrimination, hatred or harm against any individual or group;
  4. Is defamatory, intentionally or gratuitously obscene or pornographic; or
  5. Is harassing, abusive, constitutes spam or that is otherwise inconsistent with the purposes for which Curiociti makes it services available.

We also reserve the right to access, read, preserve, and disclose any Content or other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of sp0n, its users and the public. sp0n does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

  1. access, tamper with, or use non-public areas of Curiociti, ThingsPH’s computer systems, or the technical delivery systems of ThingsPH’s providers;
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search Curiociti by any means (automated or otherwise) other than through any then- currently available, published interfaces that are provided by ThingsPH (and only pursuant to any applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ThingsPH (NOTE: scraping Curiociti without the prior consent of ThingsPH is expressly prohibited);
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Curiociti to send altered, deceptive or false source- or location-identifying information;
  5. interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Curiociti, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Curiociti;
  6. use, display, mirror or frame Curiociti or any individual element within Curiociti, ThingsPH’s name, any ThingsPH’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ThingsPH’s express written consent;
  7. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ThingsPH or any of ThingsPH’s providers or any other third party (including another user) to protect Curiociti or Content;
  8. attempt to access or search Curiociti or Content or download Content from Curiociti through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ThingsPH or other generally available third-party web browsers;
  9. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  10. use any meta tags or other hidden text or metadata utilizing a ThingsPH trademark, logo URL or product name without sp0n’s express written consent;
  11. use Curiociti or Content that you did not post, or any portion thereof, for any editorial or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  12. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Curiociti;
  13. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Curiociti;
  14. collect or store any personally identifiable information from other users of Curicoti without their express permission;
  15. violate any applicable law or regulation; or
  16. encourage or enable any other individual to do any of the foregoing.

Indemnity

You will indemnify and hold harmless ThingsPH and its officers, directors, employee and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Curiociti or its Content, (ii) your Content, or (iii) your violation of these Terms.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of THINGSPH and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ThingsPH entitites”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,THE THINGSPH ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The ThingsPH Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of Curiociti, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Curiociti; or (iv) any claim that the Curiociti do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ThingsPH Entities or through the Services, will create any warranty not expressly made herein.

B. Links

Curiociti may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ThingsPH Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Release

YOU HEREBY RELEASE THINGSPH ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE IN, OR UPON ANY PREMISES OR VEHICLES OWNED, OCCUPIED OR USED BY THE FOREGOING, OR WHICH MAY BE SUSTAINED BY YOU WHILE USING OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE WILL BE BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANY OTHER INTEREST PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under the Civil Code of the Philippines any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of Curiociti.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THINGSPH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO CURIOCITI, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE THINGSPH ENTITIES HEREUNDER EXCEED TEN THOUSAND PESOS (P10,000.00)

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ANY THINGSPH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We may revise these Terms from time to time, the most current version will always be available within Curiociti. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through Curioicti. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us. By continuing to access or use Curiociti after those revisions become effective, you agree to be bound by the revised Terms.

Curiociti is operated and provided by ThingsPH Inc.. If you have any questions about these Terms, please contact us.