The Curated Showhouse
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Terms of Service

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Last Modified: March 2024

Thank you for visiting the website, app or service provided by CuratedShowhouse.com (“Site”). We are pleased to provide you with our content and services and appreciate your patronage.  Before you engage with our website, we encourage you to read these Terms and Conditions, so you know what to expect when visiting and engaging with our Site.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

You should read these Terms & Conditions (the “Terms” or “Agreement”) in full, but here are a few key points you should take away.

  1. This is a binding contract. You may enter into or accept additional agreements or policies with Curated Showhouse LLC, a New Jersey limited liability company (“Showhouse”), but these Terms form an agreement between you and Curated Showhouse and will always govern your use of Curated Showhouse’s services anywhere and everywhere across the platform. By accessing or using the Curated Showhouse in any way, you are agreeing to these Terms.
  2. These Terms include intellectual property licenses. While you retain ownership of rights to the content you post or share, you provide us with a broad license to make your content available to Curated Showhouse and our community of users. In exchange, we provide you with a license to use the Curated Showhouse for your use and enjoyment!
  3. We have a specific process for dispute resolution, and these Terms include a class action waiver, and a jury trial waiver that affect your rights, unless you choose to opt out. We also ask that you reach out to us first to help us resolve your dispute informally.
  4. In exchange for accessing the Curated Showhouse, our third party providers, and partners may display ads and market to you. If you choose to provide us with your phone number, these Terms include your agreement to receive calls and text messages from us in accordance with applicable law. More information on our privacy practices is set forth in our Privacy Policy.
  5. You have certain rights and remedies under these Terms, including the right to terminate the Agreement (but some provisions may survive. We will not be liable for any damages, and, in any event, our liability is limited to USD$100 or the amount you paid us, if any, in the past six months for the services giving rise to the claim.

 Acceptance of the Terms

 

These Terms along with our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Site (“we”, “us”, “our” or “Showhouse”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and Showhouse (the “Agreement”). This Agreement sets forth the legally binding terms governing your access and use of the Site. This Agreement applies to Showhouse and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Site or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Site or any Content (as defined below).

The Site and Content contained on the site are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Site. We make no representations or guarantees about any aspect of the Site and Content and do not endorse any opinions expressed by any users. THE SITE AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE SITE OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE SITE OR ANY CONTENT.

We encourage you to review these Terms carefully. By accessing or using the Site in any way, including browsing www.CuratedShowhouse.com or related websites, you are agreeing to these Terms.

In the event of any conflict between these Terms and the terms of any separate agreement that you may enter into with Curated Showhouse, the terms of this Agreement will control as to the specific conflict only.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

We are committed to making Sites accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.

These Terms set forth the binding legal agreement between you and Showhouse. These Terms govern your use of www.CuratedShowhouse.com  and all of the related websites , mobile apps, products, software, services, programs, and networks offered by Showhouse, including any plug-ins, embed tool, and browser extensions.

Changes to the Terms of Use

We reserve the right to modify this Agreement or its policies relating to the Site and its Content at any time, effective upon posting of an updated version of these Terms and Conditions or any applicable Supplemental Terms. You should regularly review these Terms and Conditions.  Your continued use of the Site after any such changes constitutes your agreement to such changes.

Further, we reserve the right to change the terms of this Agreement, consistent with applicable law, change the Site, including eliminating or discontinuing any information or services or other features in whole or in part; and deny or terminate your Showhouse account, or use of and access to the Site. If you do not agree with any updates to this Agreement, you may not continue to use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms.

When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of the Site will signify your continued agreement to this Agreement as revised.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Third-Party Content and Links

Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Site.

We may provide on the Site, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a site operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Geographic Restrictions

The owner of the Site is based in the State of New Jersey in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CURATED SHOWHOUSE, AND IT AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE CURATED SHOWHOUSE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR ANY MOBILE APPLICATIONS; (E) ANY MALWARE, VIRUSES, TROJANS AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE SITE OR CURATED SHOWHOUSE’S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CURATED SHOWHOUSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURATED SHOWHOUSE’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF CURATED SHOWHOUSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Privacy

Our information collection and use policies with respect to the privacy of any personally identifiable information or other data provided by you or collected by Showhouse are set forth in Showhouse’s Privacy Policy  which is incorporated herein by reference into this Agreement.

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your use of the Site.

 

Indemnification

You agree to indemnify and hold Showhouse , its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Showhouse Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by your User Content; (b) your misuse of the Site; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users of the Site; or (e) your violation of any applicable laws, rules, or regulations.  Showhouse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Showhouse in asserting any available defenses. 

 

Dispute Resolution

You agree to notify us of any dispute with Showhouse and first attempt to resolve it informally under the process outlined below. If that does not work, the dispute may then proceed to litigation. Residents of the EU may be afforded different rights based on the country that they live in.

  • YOU AND CURATED SHOWHOUSE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY ON AN INDIVIDUAL CASE BASIS ONLY BEFORE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

  • YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Mandatory Informal Dispute Resolution. If you have any dispute, claim, or controversy (a “Dispute”) with Showhouse prior to filing any claim in any forum, you agree to first send a detailed notice (“Notice”) to us by: (i) email at contact@curatedshowhouse.com and (ii) first class, certified mail addressed to Curated Showhouse LLC, c/o Brandt Law PLLC, 20 West Park Avenue, Suite 206, Long Beach, New York 11561. Your Notice must contain all of the following information: (i) your full name; (ii) your address, telephone number, and email address associated with your Showhouse account; (iii) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it, and (iv) your personal signature. If we have a Dispute with you, we agree to first send a detailed Notice to your email address listed in your profile or via any other contact information you have made available to us. Our Notice will likewise set forth: (i) information sufficient for you to identify any transaction at issue; and (ii) a detailed description of our dispute, the nature, and basis of our claims and any relief we are seeking. Your Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

You and Showhouse agree to negotiate in good faith about the Dispute in an effort to swiftly resolve it without the need for a formal proceeding. If requested by Showhouse, you and Showhouse agree to personally meet and confer, via videoconference, in a good-faith effort to resolve any claim covered by this Agreement. For sake of clarification only, this conference shall be individualized such that a separate conference must be held each time either party intends to commence individual litigation; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. This process should result in resolution of the Dispute, but, if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Showhouse may initiate litigation. You and Showhouse agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to commencing litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process.

If we are not able to resolve the Dispute informally, then the below provisions will govern any Dispute. If you live outside of the United States and do not use the Site as a professional or business, some mandatory provisions of your local consumer protection law, if any exist, may also apply to the Dispute.

Class Action Waiver. You and Showhouse agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Showhouse both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Showhouse agree otherwise in writing, the court in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Governing Law & Jurisdiction: This Agreement will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Bergen County, New Jersey.

Disputes with Other Users : If you have a Dispute with another user on the Site or with any third party, you agree that Showhouse is under no obligation to become involved. In the event that you have a Dispute with one or more other users, you release Showhouse, our directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Showhouse. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those Disputes that you may know or suspect to exist in your favor at the time of agreeing to this release.

No Waivers

No failure or delay by Showhouse in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

 

No Third-Party Beneficiaries

Showhouse is not responsible for any links to third-party websites, apps, or other services, including social media platforms.

We participate in affiliate marketing and may allow third-party affiliate links to be encoded in our Site. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

The Site might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Showhouse and we are not responsible for any Third-Party Services and Ads. We provide these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

Notices

To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at contact@curatedshowhouse.com; and (ii) by personal delivery, overnight courier, or registered or certified mail to Curated Showhouse LLC, c/o Brandt Law PLLC, 20 West Park Avenue, Suite 206, Long Beach, New York 11561. We may update the email or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective five business days after they are sent.

In the event that the last e-mail address you provided to Showhouse is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Showhouse’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  Notice to Showhouse shall be deemed given when received by Showhouse by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Entire Agreement and Severability. These Terms supersede all prior terms, agreements, discussions and writings regarding the Site and constitute the entire agreement between you and us regarding the Site.

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Showhouse may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site, or remove and discard any User Content or information stored, sent, or received via the Site without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site (ii) any unauthorized access or use of the Site, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Site. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Site shall not affect any right or relief to which Showhouse may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Showhouse and its licensors and all rights granted by you to Showhouse shall survive in perpetuity.

Intellectual Property Rights

As between Showhouse and you, Showhouse owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Site and Content except, if applicable, with respect to your User Content.

You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site (including any code used in any software) or Content, whether or not for profit, without the prior written approval of Showhouse.

If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Site. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.

Please be aware that as you visit and navigate the Site your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the Showhouses’ Intellectual Property without our prior written permission. Trademarks include, but are not limited to, the Curated Showhouse name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of our products, services, and programs. Any other trademarks that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Site, as well as the software used to create them, are owned, or licensed by Showhouse. You may electronically copy and/or print “hard copies” from the Site solely for personal, non-commercial purposes. Any other use of any Content included on the Site including linking or framing to this Site, is strictly prohibited unless you first obtain our prior written consent.

If any party or user misappropriates or uses our Intellectual Property without the express written consent of Curated Showhouse, Curated Showhouse may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. All users of the Site agree that if they use or misappropriate any of our Intellectual Property without our express written consent, Curated Showhouse shall receive legal fees and costs for protecting and enforcing its rights

Prohibited Uses

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
  • Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
  • Violate, or attempt to violate, the security of the Site;
  • Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Site;
  • Interfere in any manner with the operation or hosting of the Site or monitor the availability, performance, or functionality of the Site;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from the Site or any other user of a Site; or
  • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.
  • Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate Showhouse, a Showhouse employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Showhouse or users of the Website, or expose them to liability.
  • Use any device, software, or routine that interferes with the proper working of the Website.

 

User Contributions

By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Showhouse. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Showhouse be liable for any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to Showhouse an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Site are solely between you and such user. You agree that Showhouse will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Site, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Showhouse has no obligation to monitor or delete any such User Content. Showhouse may remove or modify any User Content without notice or liability at any time in Showhouse’s sole discretion.

Monitoring and Enforcement

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Site, the following provisions of this Agreement will survive:

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Showhouse.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE SHOWHOUSE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we may review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Responsible Party for Content.  You understand, acknowledge, and agree that all user generated content posted (that is, non-Showhouse content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such Content originated.  This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to Showhouse, whether online or offline, and whether or not solicited by the Showhouse.  User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to Showhouse.  Showhouse has no obligation to pre-screen any User Content.  You agree to use all User Content and interact with any other User at your own risk.  Without limiting the foregoing, Showhouse reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content.  Showhouse shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Showhouse.  Showhouse reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Showhouse’s sole discretion are objectionable or in violation of this Agreement, Showhouse’s policies, or applicable law.

Ownership of Your Content.  Showhouse does not claim ownership of any User Content you make available on the Services (“Your Content“).  However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Showhouse the license set forth in Section 2.3.  Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

License to Your Content.  Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting your User Content on or though the Services, you grant Showhouse, its agent(s) and supplier(s), and anyone else authorized by Showhouse, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use your User Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose.  The foregoing grant includes the right to exploit any proprietary rights in your User Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content.  In connection with the exercise of these rights, you grant Showhouse, and anyone authorized by Showhouse, the right to identify you as the author of your User Content by name, email address, or username, as Showhouse deems appropriate.  You will not receive any compensation of any kind for the use of your User Content.  Note that other users may search for, see, use, modify, and reproduce any of your User Content that you submit to any “public” area of the Services.  Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.

Other Restrictions on User Conduct.  You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law.  You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Showhouse ‘s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Showhouse or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services.  You alone are responsible for the content and consequences of any of your activities.

Copyright Infringement

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
  2. The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
  3. Your name, mailing address, telephone number and email address;
  4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf

Designated Agent:  Laura Brandt

Email:   contact@curatedshowhouse.com
Address: Curated Showhouse LLC, c/o Brandt Law PLLC, 20 West Park Avenue, Suite 206, Long Beach, New York 11561.
Phone: (201) 564-5099‬

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material. 

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information: 

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
  2. Your name, mailing address, telephone number and email address;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the State of New Jersey located in Newark, New Jersey.”
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Showhouse , are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Showhouse . We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Your Comments and Concerns

This Site is operated by Curated Showhouse LLC, a New Jersey limited liability company, with a mailing address of c/o Brandt Law PLLC, 20 West Park Avenue, Suite 206, Long Beach, New York 11561.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to contact@curatedshowhouse.com.

 

California Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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