Terms & Conditions
Curver Luxembourg Sarl owns and operates this web site located at www.curver.com (the “Website”). Curver and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Website shall be referred to herein as “Curver”. By using the Website you agree to the terms, conditions, notices and guidelines contained in this Terms of Use agreement (the “Agreement”) and acknowledge that any information provided either directly or indirectly through the Website will be managed in accordance with the Privacy Policy [link to privacy policy].
Curver reserves the right, at its discretion, to change, add, modify, revise or remove portions of this Agreement at any time. You should periodically check the Website for changes to this Agreement. Your continued use of the Website following the posting of changes to this Agreement means you accept those changes. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. Intended Audience
The Website is available worldwide to anyone with Internet access. Curver makes no representation or warranty that the Website and/or the functionality and features available on the Website (“Features”) are appropriate or available for useaccess worldwide. This Website is intended and designed for a general audience and users of all ages are welcome to browse the Website. However, if you are under the age of 13, you should not provide any information about yourself on or through the Website, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
2. Establishing an Account
In order to participate in various activities on the Website, in order to purchase productsservices from the Website, or in order to join the Curver Community, you may be required to establish and use an account, however, you may only establish an account if you are 18 years of age or over. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. You must provide accurate and truthful information when you register for an account, and update such information from time to time as necessary to keep your registration information current and accurate. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy .You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify the Website of any unauthorized use of your registration and/or password.
3. Privacy
Curver has established a Privacy Policy [link to privacy policy] which is inseparable part of these Terms of Use. This Privacy Policy governs the collection, use and disclosure of personally identifiable information gathered on or through the Website, including, but not limited to purchasing products/services, the personally information you provide while establishing an account and accessing and using the Website and Features, and accessing the “Curver Community”.
4. Ownership and Permitted Use of Content
All the Website design, content, information, text, graphics, logos, photographs, trademarks, service marks, trade names, advertisements, the selection and arrangement thereof and other material displayed on the Website (the “Content”), are either the property of, or used with permission by, Curver. The ownership of all Content is retained by its owner. The Content is protected by copyright, trademark and other laws and international treaty provisions. Any use of such Content on this website for any public or commercial purpose, including modification, reproduction, distribution, republishing, transmission, display or performance, without the prior written permission of Curver is strictly prohibited. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
5. Intellectual Property Rights
These terms of use do not grant to you any permission to use, in any manner, Curver’s trademarks, trade names, copyrights, patents, designs, service marks, logos or any other intellectual property rights, whether registered or unregistered, used or displayed on this Website and whether or not appearing with a trademark registration symbol, without the express written permission of Curver or such third-party owner. You may not remove or obscure trademarks, service marks and logos, or any copyright, trademark or other notice contained in the Website or in the Content.
6. Prohibited Activities
Although you are permitted to use this Website, You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition you may not, while Using the Web Site:
Copy, modify, reproduce, distribute, display, perform, publish, broadcast or otherwise make available to the public, download and create any derivative works from the Website and/or Content and/or any portion thereof;
License, sell, assign, lease or otherwise transfer any portion of the Web site including the content displayed on this Website to any third party;
Request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users;
Access or use another person’s account;
Disguise the origin of User Communication;
Alter, modify, frame, or “mirror” any Content; create a deep-link to our Website by by-passing our Website’s home page;
Use any computerized or automatic mechanism, including without limitation, any web scraper, robots, spider to access or download any material or information from the Website;
Inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user’s experience on the Website, including, but not limited to, acting in any manner that disrupts users real-time exchanges;
Interfere with or disrupt the Website, or servers or network connections to the Website, disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Disassemble, decompile, translate, adapt and reverse engineer the Website and/or any portion thereof;
Attempt to gain unauthorized access to the Website (or any portion thereof).
In result to any unauthorized use by you of this Website, Curver may take any action they reasonably deem necessary to cure or prevent the violation, including the immediate removal from this Website of the related materials. Without limitation, all other remedies provided at law or in equity are hereby reserved by Curver. Curver will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Curver to disclose the identity of anyone posting such materials.
7. Availability of Products, Services and Features
All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in Curver’s sole discretion. The inclusion of any Features, Content, products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time and in your location. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws and regulations (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
8. Access to and Accuracy of the Website
Curver takes reasonable efforts to ensure that information on this Website is complete, accurate and current. Despite Curver’s efforts, however, access to and the accuracy of the Curver.com Website is provided “AS IS” and “AS AVAILABLE” and may occasionally be inaccurate, incomplete or out of date. Sizes, weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. In addition our website may describe products that are not available worldwide and we may make changes in information about price and availability without notice.
9. Linking to this Website
Creating or maintaining any link from another web site to any page on this Website without Curver’s prior written permission is explicitly prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations. Curver reserves the right at any time and at its sole discretion to terminate any permission to link to its Website. In this case you agree to immediately remove the links without any claim and/or demand against Curver in this regard.
10. Third Party Links
This Website may contain links to web sites owned or operated by third parties, including various websites selling Curver products. Such links are provided solely as a convenience to you. When you use these links and follow a link to an outside web site, you are leaving Curver Website and subject to the policies and the terms of use of the owners of the outside web sites. The links to these web sites are links to web sites maintained by third parties. Curver is not responsible for the privacy policies on andor the security of such web sites andor any content, materials or other information located on these sites including their quality, dependability and accuracy or whether the content is illegal or infringes third parties rights. If you decide to access any other web site linked to or from this Website, you do so entirely at your own and sole risk. You should review the terms and conditions associated with linked web sites closely before using, submitting information to such linked web sites.
11. Disclaimer of Warranty
Your use of this site is at your risk. The web site is provided “as is”, “with all faults” and “as available.” as to the web site, to the fullest extent permitted by law, Curver expressly disclaims all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. Any content downloaded, or otherwise obtained by using the web site, shall be so obtained at your own discretion and risk. Curver will not be responsible for any damage to your computer system or loss of data that results from obtaining any content from the web site. Without limitation to the foregoing, Curver does not warrant: (a) your enjoyment of the web site will be without interference; (b) the web site will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) your requests to the web site will be honored according to your schedule or any stated schedule; (d) the web site will be timely, secure or error free; (e) any errors in content or features will be corrected; (f) content or features on the web site is appropriate or available for use in any particular location; (g) products or services displayed or referenced on the web site are available for use in a particular location; or (h) the content, including but not limited to, descriptions of products, services and features available on or through the web site is accurate, up-to-date or complete. All products and services purchased on or through this web site are subject only to any applicable warranties if any. To the fullest extent permissible by applicable law, Curver hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, Curver hereby expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
12. Limitations of Liability
Curver does not assume any responsibility and shall not be liable to any damages to or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site or your downloading of, access to, or use of any features or content. In no event will Curver be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or revenues, loss of goodwill, loss of data or intangible losses, whether in an action in contract, tort (including negligence) or otherwise, arising out of and/or based on and/or resulting from these terms of use and/or in any way connected with this web site, the use of this web site, or of any site or resource linked to, referenced or accessed through this web site and/or related to the content or the materials contained in or accessed through this web site, including without limitation (1) any damages caused by or resulting from reliance by user on any information obtained from Curver or the web site; (2) any damages that result from mistakes, omissions, interruptions, deletion of files or errors, defects, viruses, delays in operation or transmission or any failure of performance, communications failure, destruction or unauthorized access to Curver records, or programs, even if Curver is expressly advised of the possibility of such damages. In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
13. Exclusion and Limitations
Some states/jurisdictions do not allow the limitation or exclusion of certain warranties or liability in certain circumstances. Accordingly, some of the above exclusions and limitations may not apply to you only in such circumstances.
14. Indemnification
You agree to indemnify, defend and hold harmless Curver, its directors, employees, contractor and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use by you or any other third party and/or due to or arising out of your use of this Website.
15. Governing Law
These Terms and Conditions agreement and any claim or dispute arising out of or relating to this agreement, including but not limited to the Website shall be governed by and construed in accordance with the laws of Belgium without reference to its conflict of laws principles. You agree that all dispute and differences shall be determined in a court of competent jurisdiction of Belgium and you hereby consent and submit to exclusive venue and personal jurisdiction therein.
16. General
These Terms of Use together with the Privacy Policy and any such other legal notices and guidelines posted on the Website are accepted upon your use of the Website or any of the services featured therein and they shall constitute the entire agreement between you and Curver concerning the Website. The failure of Curver or any of its officers or employees to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Curver without restriction. You agree that regardless of any law providing to the contrary, any claim or cause of action arising out of or related to the Website and/or Curver services must validly commence up to one (1) year after the cause of action arose, otherwise it will be permanently barred. Section titles in these Terms of Use are for convenience only and shall not affect the interpretation or construction of these Terms of Use.
17. Termination
Curver reserves the right at any time, to modify or discontinue, temporarily or permanently, this Website, or any part thereof, with or without notice. Curver reserves the right to suspend or terminate your account or your use of this Website or Features at any time, for any reason or for no reason. You agree that Curver will not be liable to you or any third party for any modification, suspension, or discontinuation of this Website, or any part thereof.
18. Contact Us
Questions or comments regarding the content or practices of this Website andor these Terms of Use should be directed to Curver at Contact US . These Terms of Use were last updated on 11/4/2011.