TERMS OF SERVICE
Last Updated January 18, 2017
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
Please be informed that certain information of visitors may be recorded by the standard operation of Curb Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes, inter alia, the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor, the domain name of the visitor's Internet service provider (e.g., America Online, Comcast, AT&T) internal review of the number of visitors to the sites.
Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters or other subscription is retained by Curb (and Curb's designees), such as names, addresses, e-mail addresses, mobile telephone numbers, etc. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. Furthermore, this data in an aggregate form may be provided to other parties for marketing, advertising and/or other uses. We sometimes also use e-mail addresses, mobile telephone numbers and other personally identifiable information to contact visitors who communicate with us. For example, we may direct short message services ("SMS") to wireless handsets to visitors who provide us with their mobile telephone numbers, e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters, if any, or being notified if they have won one of our contests, if any.
Some of Curb's Web Sites may, place a "cookie" in the browser files of a Curb user's computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Curb to relate a user's use of Curb's Web Sites to information that the user has specifically and knowingly provided.
Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
To the extent that any of our sites accessible through Curb has additional practices, these practices will be explained at that site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
Curb believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment.
Curb has provided links and pointers to internet sites maintained by third parties ("Linked Sites") and may from time to time provide third party materials on this site and other Curb's Web Sites. Curb, whether or not affiliated with the owner or operator of Linked Sites, shall not be responsible for the content, products and/or services on Linked Sites, and Linked Sites are linked to this site and other Curb's Web Sites only for your convenience.
The materials in Curb's Web Sites and Linked Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Curb disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement. Curb does not warrant or make any representations that (i) the functions of and/or access to the material on Curb's Web Sites and/or Linked Sites will be uninterrupted or error-free, (ii) that defects on Curb's Web Sites and/or Linked Sites will be corrected, or (iii) that Curb's Web Sites, Linked Sites and/or the servers that makes them available are free of viruses and/or other harmful components. Curb does not warrant or make any representations regarding the use or the results of the use of the materials in Curb's Web Sites and/or Linked Sites in terms of their correctness, accuracy, reliability, and/or otherwise. You (and not Curb) assume the entire cost of all necessary servicing and/or repair as a result of your use of Curb's Web Site and Linked Sites. The information and opinions expressed in Bulletin Boards, Chat Rooms, and/or other forums conducted on Linked Sites or Curb's Web Sites ("forums") are not necessarily those of Curb, its affiliates, its related entities, its content providers, its sponsors, its agents, its distributors, all of its other designees and/or the employees of any and all of the foregoing and Curb makes no representations and/or warranties regarding that information and/or those opinions. Furthermore, neither Curb, its affiliates, its related entities, its content providers, its sponsors, its agents, its distributors, all of its other designees nor the employees of any and all of the foregoing are responsible and/or liable to any person and/or entity whatsoever (including, without limitation, visitors who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability and/or other cause of any kind or character whatsoever based upon and/or resulting from any information and/or opinions provided in Curb's Web Sites and/or Linked Sites. You assume total responsibility and risk for your use of Curb's Web Sites and Linked Sites. Curb, its affiliates, its related entities, its content providers, its sponsors, its agents, its distributors, all of its other designees and the employees of any and all of the foregoing are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive and/or other damages arising out of and/or relating in any way to Curb's Web Sites and/or Linked Sites. Your sole remedy for dissatisfaction with Curb's Web Sites and/or site-related services is to stop using such sites and/or those services. For purposes of this paragraph the term "Curb's Web Sites" shall include e-mails and SMSs sent by Curb (or Curb's designees) and the content therein.
In connection with any gifts, prizes and/or merchandise that Curb provides to you as a result of a sweepstakes, contest and/or giveaway, you understand and agree that (i) all applicable taxes, transfers, incidentals, insurance and all incidental expenses are your sole responsibility and (ii) in exchange for your receipt and acceptance of the gift, prize and/or merchandise, you hereby for yourself and your heirs, representatives, insurers and assigns, waive and release and forever discharge any and all rights and claims you may have against Curb, its affiliates, its related entities, its content providers, its sponsors, its agents, its distributors, all of its other designees and the employees of any and all of the foregoing for any matter, cause or thing whatsoever with respect to, or arising as a result of, your entry in, participation in and/or status of a winner in such sweepstakes, contest and/or giveaway. You further understand that if you do not immediately accept such gift, prize and/or merchandise, your gift, prize and/or merchandise will be forfeited.
Any notes, message/billboard postings, ideas, suggestions, concepts and/or other material submitted by you will irrevocably become the property of Curb in perpetuity throughout the universe and Curb and Curb's designees shall be entitled to use at no cost to Curb and/or its designees the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Curb's Web Sites, you agree that Curb and Curb's designees have the right to use, copy, sublicense, adapt, transmit, publicly perform and/or display any such material and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, servicemark, and patent laws under any relevant jurisdiction. Curb is not responsible for any material posted on any forum on Curb's Web Sites. You shall not submit and/or otherwise publish through such forums any content which:
a) libels, defames, invades privacy, and/or is obscene, pornographic, abusive, and/or threatening and/or otherwise objectionable and/or harmful information of any kind;
b) infringes any intellectual property and/or other right of any entity and/or person, including, but not limited to violating anyone's copyrights or trademarks;
c) violates any law(s);
d) advocates illegal activity;
e) advertises and/or otherwise solicits funds or is a solicitation for goods and/or services;
f) restricts and/or inhibits any other users from using and enjoying Curb's Web Sites;
g) post or transmit any information and/or software that contains a virus, worm, Trojan horse and/or other harmful and/or disruptive component; (collectively "Non-approved Material")
You agree to indemnify Curb, its affiliates, its related entities, its content providers, its sponsors, its, agents, its distributors, all of its other designees and the employees of any and all of the foregoing from and against any and all third party claims, demands, liabilities, costs, and expenses, including attorney's fees, resulting from your breach of any of the agreements, representations, and warranties made by you herein.
E-MAIL, SMSs AND POSTINGS
You (and not Curb) assume the entire cost to receiving e-mails and SMSs generated by Curb's Web Sites. Do not post any threatening and/or libelous e-mails and/or material on Curb's Web Sites that would be considered a violation of any law. Curb will fully cooperate with any law enforcement authorities or court order requesting or directing Curb to disclose the identity of anyone posting any such e-mails or materials.
Even if Curb's Web Sites are accessible worldwide, not all products and/or services discussed and/or referenced in Curb's Web Sites are available to all persons and/or in all geographic locations. Curb reserves the right to limit, in its sole discretion, the provision and quantity of any product and/or service to any person and/or geographic area it so desires. Any offer for any product and/or service made in Curb's Web Sites is void where prohibited.
Unless otherwise specified, the materials in Curb's Web Sites are presented solely for the purpose of entertainment and promoting music, programs, films and/or other products available in the United States, its territories and possessions. Curb's Web Sites are controlled and operated by Curb (or by Curb's designees) from offices within the State of Tennessee, United States of America. Curb makes no representations that (i) the content on Curb's Web Sites is appropriate and/or available in all locations and (ii) the content in the e-mails and SMSs generated from use of Curb's Web Sites is appropriate and/or available in all locations. Those users who choose to access Curb's Web Sites from outside the United States, its territories and possessions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Tennessee, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Curb bring to enforce this agreement or, in connection with, any matters related to Curb's Web Sites shall be brought only in either the state or federal Courts located in Davidson County, Tennessee, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, by Curb's Senior Vice President of Business and Legal Affairs.