Terms of Service

By clicking "I agree" below, you expressly acknowledge that you are a party to this Agreement and agree to be bound by it. This Agreement applies to your license to the Software, which includes any related materials provided by Curios, including third party components and materials. (i) If you are employed by, or are an agent or independent contractor for (pursuant to a written agreement), or otherwise represent or have been authorized by a company or other legal entity or organization, including an academic organization or government agency [collectively, the Organization], to access or use the Service and the Software. (ii) if your use of the Service has been paid for by your organization or you have been reimbursed by your organization, (iii) if you have registered for the Service using your organization's email domain or address, (iv) if you are using the Service on its behalf (i.e., other than on your own device or computer through an email address that is not the Organization's and is used on an individual basis and paid for entirely by you as an individual), or (v) if you invite other users of the Organization to use the Service or enter a virtual space with you, then in all such cases, the term "you" also includes the Organization and that you are acting on its behalf. You hereby represent and warrant to Curios that you are authorized to accept the terms of this Agreement on behalf of the Organization, and you have ensured that you have the necessary authority to enter into this Agreement on its behalf. If you intend to use or pay for the Services only in your individual capacity for your own benefit, then you are a customer of Curios, otherwise the organisation is the primary customer, and you will be a user and subject to the obligations and restrictions applicable to users. An individual who is authorised by a Customer to use the Services in accordance with this Agreement is an Authorised User.

Overview

Curios provides an immersive experience of creating a 3D online virtual space and facilitating your teaching and learning in a graphically rich, interactive, and engaging metaverse for educators, learners, and event organizer. 

This Terms of Service is entered into between Curios and the entity or person accessing the service, managing your access and use of our service.

The term Service also includes any documentation, user guides, upgrades, updates, supplements, third-party materials and components, Internet-based services and support services provided by, for or on behalf of Curios in connection with use of the Software. Any Curios terms and conditions that appear in or on, or accompany, any Curios Software, Materials, items, or services also apply and bind You in connection with Your use of and access to the Service.

The Basic License

Subject to the terms of this Agreement, you (the Client, or if the Client is an organization, you are a User) are hereby granted a limited, non-exclusive, non-transferable and royalty-free right and license to use the Service, including any Curios-provided materials, solely for the Term (as defined below) for your work, creative, social, collaborative and productive purposes. The Software is licensed to you for your use during the Term but is not sold to you. 

However, you have the right to download and use the Service on your preferred computer and device provided that all use of the Service is by you, i.e. for your own use, and not for the use of any other person. You do not have the right to sub-license it to others or to transfer any of the rights granted to you under this Agreement or to give your login credentials to any other person. You may encourage your colleagues and friends to try out Curios’ services.

Scope of Use

User Access

For your use of Curios, you will need to set up your account on Curios, http://curios.hku.hk. 

Users need to comply with all applicable terms and conditions of this Agreement and are fully and directly responsible to Curios for any act or omission of their use of the Service. Users are required to use all reasonable means to secure Usernames and passwords, and hardware and software used to access the Service in accordance with customary security protocols. Each account for access to and use of the Service may only be accessed and used by the specific User for whom such account is created.

You as Customer and/or User will have access to Curios into which certain Customer Content may be uploaded and shared among Users. You as Customer and/or User hereby acknowledge and agree that You are solely responsible for managing all access controls, limits, and permissions within the Service with respect to Users and their ability to access Spaces or any Customer Content therein.

Space Content

With respect to Your rights in space content, what Curios brings to the relationship always remains Curios’s property subject to its ownership of all Intellectual Property Rights, and the content that You introduce to a Space that You provide Curios always remains Your property. You represent and warrant that You either own or have all necessary rights to submit to Curios and post Content.

Share

Through sharing setting, you can control with whom you share spaces and Curios is not responsible for situations in which others may access or use Content as a result of you or your users' decision to share space.

Manage 

Space owners may designate users as space managers to control the users service accounts, including managing users and their content. Space owners or managers may also invite users as collaborators to co-create the space. The space owners are solely responsible for their choice of collaborators and collaborators and any actions taken by them.

Third-Party Platform

The Service may contain links to other independent third-party websites, and we also allow you to link to third party websites of your own choice. Use of third-party platforms is subject to the user's agreement with the relevant provider, not this Agreement.

The linked sites are provided solely as a convenience to our visitors and users. These linked sites are not under the control of Curios and Curios is not responsible for the contents of these linked sites, including any content, information, or materials on these linked sites. You will be required to make your own independent judgment regarding your interaction with these linked sites. 

For selected sites, our intention is to allow you to use the Curios Services as a gateway to a rich and rewarding online experience. However, links from Curios to selected sites that are pornographic or obscene, incite violence (e.g., gun violence, sexual and/or physical violence) or hate speech are strictly prohibited. If you violate this prohibition, Curios reserves the right to terminate or suspend your account at any time.

Restrictions 

When you access or use any Curios Software or Materials, you agree that you will not copy, reverse engineer, decompile or disassemble the Software or any part thereof, or attempt any activity expressly permitted by this Agreement. In addition, you understand and agree that the Software is the confidential information and property of Curios. Accordingly, you agree not to disclose the Software or any confidential information about the Software, the Services or Curios, in whole or in part, to any third party without Curios' express prior written consent. You may post and blog about Curios, your space, and your experience on your own website or on social media if you wish.

Curios hosts the spaces you create and/or use on its servers. As such, Curios has the right (but not the obligation) to monitor the activity that occurs in Spaces, primarily to ensure that no illegal activity is occurring in the Spaces or to respond to information we receive from other users or third parties. (a) If you engage in activity in any Space or otherwise use Curios in violation of applicable law, or if you put Curios' reputation at risk, we have the right to suspend your account and access to the Services, or close specific Spaces as we deem necessary to ensure that no illegal activity is occurring. (b) You must never imply, insinuate, suggest, or describe in any way, directly or indirectly, that Curios endorses or sponsors any activity, offer, product or service conducted, advertised, promoted or provided by you without Curios' permission. If we believe that you have given the impression, or even created an ambiguity, on this issue, we will request or, if we deem it necessary, require you to include a prominent statement in your space or advertisement/offer that Curios neither sponsors nor endorses the activities, services or products promoted or offered by you. (c) Curios hereby disclaims all liability for any claims that may arise in connection with any activity occurring in the Space or using Curios, including, without limitation, any promotional or sales activities arising from any act or omission by any user of the Services or any visitor to the Space, unless otherwise stated in this Agreement. You agree to indemnify and hold Curios harmless if you act in violation of the limitations set forth in this paragraph.

Ownership

Neither party grants to the other any rights or licenses not expressly set forth in this Agreement. As between the parties, user retains all intellectual property and other rights in the user content and materials provided to Curios, except for Curios' right to use them in this Agreement. In addition to user's right of use in this Agreement, Curios and its licensors retain all intellectual property and other rights in and to the Services, any technical service deliverables and related Curios technologies, spaces and templates, including any modifications or improvements to those items by Curios. Curios may generate and use data to operate, improve, analyze and support the Services and for other lawful commercial purposes. If a user provides Curios with feedback or suggestions regarding the Service or products, Curios may use such feedback or suggestions without restriction or obligation.

Curios’ Obligation
 ‍Curios provides the Services to you and ensures that you receive adequate support services.   We will ensure that the service is available to you 24/7 and does not include planned or emergency downtime. We will endeavour to make you aware of any necessary downtime.

When providing the service, we will use technical safeguards to protect confidential information, your customer content and personal data. While it is not possible to guarantee absolute security online, and we always attempt to ensure that all such safeguards comply with applicable data protection and privacy laws as they evolve. In addition, our interactions with your customer content and personal data are in accordance with our privacy policy at Curios, which is designed to comply with applicable privacy and data protection terms.

Disclaimers

Curios' features, services, technical support, and all related Curios services are provided "AS IS". Curios does not warrant that the customer's use of the service will be uninterrupted or error-free, that the service will meet the customer's requirements, that it will operate in conjunction with third party services used by the customer or to maintain the customer's content free from loss. Curios is not responsible for delays, failures, or problems inherent in the use of the internet and electronic communications or other systems outside of Curios' control. The customer may have other statutory rights, but any legally required warranties will be limited to the shortest period permitted by law.

Term and termination

Term

This Agreement shall commence on the Effective Date and shall continue until 90 days after the termination or termination of the Space Exhibition Term.

Termination for Cause

Either party may terminate this Agreement if (a) the other party fails to cure a material breach of this Agreement within 30 days of notice, and (b) ceases to operate without a successor.

Effect of Termination

Upon the expiration or termination of this Agreement or the Space Services, Customer's access to the Services and Technical Services will cease. Upon the expiration or termination of this Agreement, at the request of the Disclosing Party, the Receiving Party will delete all Confidential Information of the Disclosing Party. Client Content and other Confidential Information may be retained in the Receiving Party's standard backup after deletion, but will remain subject to the confidentiality restrictions of this Agreement.

Changes to this Agreement

As Curios' company develops, these Terms of Service may be extended or updated, however any order form you enter with Curios cannot be altered without your express approval. By means of the Services or the email address connected to your Curios account, we shall make reasonable attempts to notify you of any significant changes. To maintain the validity of each party's rights and duties, we also advise that you periodically check these Terms of Service. You are deemed to have accepted the changed terms to the maximum extent permissible by applicable law if you continue to use the Service after such a modification.