Curiosity Cabinet's Terms of Use Agreement
Curiosity Cabinet is an international visual museum of personally valuable objects where everyone can display and share their special item or collection. In this contemporary space you can socialise with other collectors, favorite their objects, befriend them and find experts within the community to help you identify and care for your objects. Members will also trade and gift objects - buy, sell, swap and donate - where the level of trading activity is determined by a subscription fee. An essential aspect of the Curiosity community is mutual regard for each other and each other's objects and collections. Hence you need to ensure that you own the copyright of the images and information you upload to Curiosity Cabinet, are not breaking any laws with those images or information, and that similarly you do not use the images or information of other users without their written permission.
It is important you read the agreement below.
All visitors (“user”, “you”, “your”) to the Curiosity Cabinet website at www.curiositycabi.net (“the website”) are entering a binding legal agreement on the following terms (the "Terms of Use" or the “agreement” or "Terms of Use Agreement") when using the website. The agreement is between the user and G.E. Morrison & S.K. Saul trading as Curiosity Cabinet ABN 83 743 437 983 (“Curiosity Cabinet”, “we”, “us”, “our”) and use of this website indicates acceptance of this agreement.
KEY TERMS
You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure and you are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you.
You are solely responsible for any loss caused by any use of your password by you, or any other person. You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
You must not threaten, abuse, harass, impersonate or intimidate other Curiosity Cabinet users.
You may not use the Curiosity Cabinet service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any text, information, data, graphics, photos, profiles, audio and video clips, links, screen names, comments (“Content”) that you submit, post and display on the Curiosity Cabinet service.
You must not compromise the integrity of the Curiosity Cabi.net code. You must not hack, modify or adapt Curiosity Cabi.net or modify another website so as to falsely imply that it is associated with Curiosity Cabi.net.
You must not create or submit unwanted comments, journal posts, mail or email to any Curiosity Cabinet members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Curiosity Cabinet, violate any local or national laws in your Country.
Violation of any of these agreements will result in the termination of your Curiosity Cabinet account.
You agree that Curiosity Cabinet is not responsible for the Content posted on its web site and that you use the Curiosity Cabinet service at your own risk.
KEY CONDITIONS
Curiosity Cabinet reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Curiosity Cabinet will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Curiosity Cabinet's sole discretion, in good faith and using common sense and reasonable judgment.
Curiosity Cabinet reserves the right to modify or terminate the Curiosity Cabinet service for any reason, without notice at any time.
Curiosity Cabinet reserves the right to refuse service to anyone for any reason at any time.
Curiosity Cabinet may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the blogs) and accounts containing content that Curiosity Cabinet determine in Curiosity Cabinet's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on Curiosity Cabinet.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and documents and item description and Content to Curiosity Cabinet, you agree to allow other Curiosity Cabinet users to view them and you agree to allow Curiosity Cabinet to display the images and documents and Content on Curiosity Cabinet (for example, in your Cabinet, on Curiosity Cabinet's Homepage and in the Explore pages) and store the images, documents, item description, user profile and all other content.
Curiosity Cabinet, and other Curiosity Cabinet graphics, logos, designs, page headers, button icons, scripts, and service names may not be used in connection with any product or service, other than Curiosity Cabinet and its subsidiaries, in any manner that is likely to cause confusion or competes with the service.
You must agree with and accept all of the terms and conditions contained in the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Curiosity Cabinet before you may become a member of Curiosity Cabinet.
Who uses the service and how:
Eligibility for membership
Curiosity Cabinet's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Curiosity Cabinet's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Curiosity Cabinet members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Curiosity Cabinet. Further, your Curiosity Cabinet account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Verification of user Identity
Curiosity Cabinet uses techniques to verify the accuracy of the information Curiosity Cabinet's users provide to Curiosity Cabinet when they register on Curiosity Cabinet. However, because user verification on the Internet is difficult, Curiosity Cabinet cannot and does not confirm each user's purported identity. Thus, Curiosity Cabinet has established a user-initiated feedback system to help you evaluate with whom you are dealing. Curiosity Cabinet also encourages you to communicate directly with potential transaction partners through the tools available on Curiosity Cabinet. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Control of information
Curiosity Cabinet does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Curiosity Cabinet. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Curiosity Cabinet, you agree to accept such risks and that Curiosity Cabinet (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Curiosity Cabinet
Reporting inappropriate content
Curiosity Cabinet does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the crossbones symbol' "report inappropriate content" link that will be displayed beside each object image. If you believe your copyright or other intellectual property rights are being infringed, contact support@curiositycabi.net
Curiosity Cabinet is a venue
Curiosity Cabinet is not a retailer. Although Curiosity Cabinet provides trading services, it is important to realise that Curiosity Cabinet is not a traditional "retailer". Instead, Curiosity Cabinet acts as a venue to allow members to view, offer, sell, swap, donate and buy objects belonging to other members. Curiosity Cabinet is not involved in the actual transaction between buyers and sellers, swappers or donators and donation recipients. As a result, Curiosity Cabinet has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, the ability of buyers to pay for items, the ability for swappers to exchange items or the ability for donators to donate items. Curiosity Cabinet cannot ensure that a buyer or seller or swapper or donator will actually complete a transaction. Consequently, Curiosity Cabinet does not transfer legal ownership of items from the seller to the buyer, the swapper to the swap recipient or the donator to the donation recipient.
Release
Because Curiosity Cabinet is a venue, in the event that you have a dispute with one or more members or users, you release Curiosity Cabinet (and Curiosity Cabinet's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
TRADING AND TRANSACTING
Fees and Services
Joining and setting up an account on Curiosity Cabinet is free. Curiosity Cabinet charges annual subscription fees for additional services. The fees for Curiosity Cabinet's services are subject to change. Changes to the fees for our services are effective after Curiosity Cabinet provides you with at least fourteen (14) days' notice of the changes by posting the changes on Curiosity Cabinet. However, Curiosity Cabinet may choose to temporarily change the fees for Curiosity Cabinet's services for promotional events and such changes are effective when Curiosity Cabinet posts the temporary promotional event on Curiosity Cabinet. Curiosity Cabinet may, at Curiosity Cabinet's sole discretion, change some or all of Curiosity Cabinet's services at any time. In the event Curiosity Cabinet introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Curiosity Cabinet's service and Curiosity Cabinet and all applicable taxes.
Listing and Selling, Swapping or Donating
Listing Description: You must be legally able to sell, swap or donate the item(s) you list for sale, swap or donation on the Site. You must describe your item and all terms of sale, swap or donation on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale, swap or donation of that item. All listed items must be listed in an appropriate sphere and tagged appropriately. Each listing must accurately and completely describe the item/items for sale, swap or donation in that listing. Each unique item or set of items (eg porcelain dinner set) or "job-lot" of items or whole-collection of items must have its own listing.
Trading Policies: All traders are urged to outline individual policies (in their Display page) for their Curiosity Cabinet sales, swap or donation items. These policies include, for example shipping, returns, payment and selling policies and swapping and donating policies. Sellers must create these policies in good faith and must abide by such policies. Curiosity Cabinet reserves the right to request that a seller modify an individual policy.
Binding Transaction: All sales, swaps and donations are binding. If you, as a seller, receive a purchase request you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. If you, as a swapper, receive and agree by email or comment to a swap request you are obligated to complete the transaction with the swap recipient in a prompt manner, unless there is an exceptional circumstance, such as: (a) the swap recipient fails to meet the terms of your listing (such as the swap item was not represented accurately), or (b) you cannot authenticate the swap recipient's identity. If you, as a donator, receive and agree by email or comment to a donation you are obligated to complete the transaction with the individual or organisation member recipient in a prompt manner, unless there is an exceptional circumstance, such as: (a) the individual or organisation member recipient fails to meet the terms of your listing (such as covering costs for transfer/insurance) or (b) you cannot authenticate the individual or organisation member recipient's identity.
Termination: Without limiting any other remedies, Curiosity Cabinet, without notice, may suspend or terminate your account if Curiosity Cabinet suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Curiosity Cabinet's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Curiosity Cabinet.
Price Manipulation:The price stated in each Curiosity Cabinet Item Description must be an accurate representation of the sale. "Manipulation" refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.
Buying
A buyer is obligated to complete the transaction of a purchase of an item on Curiosity Cabinet from a member within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal cheque, money order or "other." A buyer who pays by mail with a money order or personal cheque must send the seller an email or comment to notify the seller that that the payment is in the mail, within three (3) days of the transaction.
A seller must abide by all of Curiosity Cabinet's policies and the seller's own individual selling policies and sell the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing with other issues, for example, issues of damage and returns.
Swapping
Swap recipients are obligated to complete the transaction of a swap of an item on Curiosity Cabinet from a member within three (3) days. Swap recipients must send the swapper an email or comment to notify them that the swap item is in the mail, within three (3) days of the transaction. The swapper, within three (3) days of receipt of the agreed swap item, must send the swap recipient an email or comment to notify them that the nominated swap item is in the mail. A swapper must abide by all of Curiosity Cabinet's policies and the swappers own individual swap policies and swap the item as described. Likewise, a swapper must abide by the swapper's own individual policies when dealing with other issues, for example, issues of damage and returns.
Donating
A donator is obligated to complete the transaction of an agreed donation item on Curiosity Cabinet from a member within ten (10) days. A member receiving a donated item must send the Donator an email or comment within three (3) days of the transaction to arrange shipping. A donator must abide by all of Curiosity Cabinet's policies and the donator's own individual donating policies and donate the item as described. Likewise, a donator must abide by the donator's own individual policies when dealing with other issues, for example, issues of collection, damage and returns.
Prohibited, Questionable and Infringing Items
Definition: "Your Information" is defined as any information you provide to Curiosity Cabinet or other users in the registration, in the creation of cabinets process, in the listing for sale, swap or donation process (which includes photographs and descriptions), in any public message area (including the Journals or feedback areas) or through any email feature. You are solely responsible for Your Information, and Curiosity Cabinet acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including Journals or feedback areas), Comments, Mail and email.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Curiosity Cabinet shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, or stolen items;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, antiquities consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Curiosity Cabinet or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) you do not have a right to link to or include.
Furthermore, you may not list any item on Curiosity Cabinet (or consummate any transaction that was initiated using our service) that, by using the services of Curiosity Cabinet or by paying to us the annual subscription, could cause us to violate any applicable law, statute, ordinance or regulation, in particular the UNESCO Convention (the United Nations Environmental, Scientific and Cultural Organization's 1970 Convention on the Means of Prohibiting the Illicit Import, Export and Transfer of Ownership of Cultural Property) and the UNIDROIT Convention on Stolen and Illegally Exported Cultural Objects of 1995 , or that violates the Terms of Use.
License: Solely to enable Curiosity Cabinet to use the information you supply us with, so that Curiosity Cabinet is not violating any rights you might have in that Your Information, you agree to grant Curiosity Cabinet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Curiosity Cabinet will only use Your Information in accordance with Curiosity Cabinet's Privacy Policy.
Access and Interference
Curiosity Cabinet may contain robot exclusion headers. Much of the information on Curiosity Cabinet is updated on a real time basis and is proprietary or is licensed to Curiosity Cabinet by Curiosity Cabinet's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Curiosity Cabinet for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Curiosity Cabinet and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass measures we may use to prevent or restrict access to Curiosity Cabinet.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. Curiosity Cabinet may, without prior notice, limit the number of purchases and listings, which you may place on Curiosity Cabinet based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Curiosity Cabinet. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Curiosity Cabinet users, you agree that you shall not market or export your Curiosity Cabinet feedback rating in any venue other than an Curiosity Cabinet operated website.
Import: Curiosity Cabinet does not provide you with the technical ability to import feedback from other (non-Curiosity Cabinet operated) websites to Curiosity Cabinet because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies available, Curiosity Cabinet may, without prior notice, limit your activity, immediately remove your items and item listings, warn Curiosity Cabinet's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Curiosity Cabinet is unable to verify or authenticate any of Your Information; or
(c) Curiosity Cabinet believes that your actions may cause financial loss or legal liability for you, Curiosity Cabinet's users or Curiosity Cabinet.
Privacy
Curiosity Cabinet does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Curiosity Cabinet only uses your information as described in the Privacy Policy. Curiosity Cabinet views protection of users' privacy as a very important community principle. Curiosity Cabinet understands clearly that you and Your Information is one of Curiosity Cabinet's most important assets. Curiosity Cabinet stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Curiosity Cabinet's services.
No Warranty
Curiosity Cabinet, Curiosity Cabinet's investors, subsidiaries, officers, directors, employees and Curiosity Cabinet's suppliers provide Curiosity Cabinet's web site and services "as is" and without any warranty or condition, express, implied or statutory. Curiosity Cabinet, Curiosity Cabinet's investors, subsidiaries, officers, directors, employees and Curiosity Cabinet's suppliers specifically disclaim any implied warranties of title, ability to merchandise, fitness for a particular purpose and non-infringement. Some States and Countries do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from State to State and Country to Country.
Liability Limit
In no event shall Curiosity Cabinet, and (as applicable) Curiosity Cabinet's investors, subsidiaries, officers, directors, employees and Curiosity Cabinet's suppliers be liable for lost profits of any special, incidental or consequential damages arising our of of in connection with our site, our services or this agreement (however arising, including negligence).
Curiosity Cabinet's liability, and (as applicable) the liability of Curiosity Cabinet's investors, subsidiaries, officers, directors, employees and suppliers, to you or any third parties in any circumstance is limited to the amount of subscription fees you pay to Curiosity Cabinet in the 12 months prior to the action giving rise to liability. Some States and Countries do not allow the exclusion or limitation of incidental consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold Curiosity Cabinet and (as applicable) Curiosity Cabinet's investors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising our of your breach of this agreement or the documents it incorporates by reference, or your violation of any law of the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing; purchase, swap or donation; solicitation of offers to purchase, swap or receive a donation; and sale, swap or donation of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Curiosity Cabinet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Curiosity Cabinet Attn: Administration; 28 Upton Rd, Windsor 3181, Melbourne, Australia (in the case of Curiosity Cabinet) or to the email address you provide to Curiosity Cabinet during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Curiosity Cabinet may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Curiosity Cabinet during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
Dispute Resolution
Curiosity Cabinet's goal is to make you happy. In the event a dispute arises between you and Curiosity Cabinet, please email Curiosity Cabinet at support@curiositycabi.netand we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local police, law enforcement agency, postmaster general, or a certified mediation or arbitration entity.
Disputes between you and Curiosity Cabinet regarding Curiosity Cabinet's services may be reported to Customer Support by emailing support@curiositycabi.net.
Disclosures
The services hereunder are offered by Curiosity Cabinet located at 28 Upton Rd, Windsor 3181 Melbourne, Australia.
Intellectual Property Rights and license
All intellectual property rights in this website and the Curiosity Cabinet service (including the software and systems underlying the Curiosity Cabinet service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means: use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialize any information, products or services obtained from any part of this website, without our written permission.