Curiosities and Original Content – Terms of Use 

Welcome to Curiosities and Original Content! We hope you'll enjoy being curious, reading the blog, and using whatever else we come up with (each a “Service,” and collectively, the "Services"). But first things first: By using the Services, you're agreeing to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 13. These Terms govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of Curiosities and Original Content and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.

Some Services are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion. We reserve the right to be wrong, stupid, and foolish.

1. Registration

Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with Curiosities and Original Content. In other words, it's one registration per person. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse, or otherwise trick us or our members, is a breach of these Terms and Conditions.

Should you wish to post a message on the discussion boards or comment on an article or a blog, you'll also be required to choose a user name.

As a registered user, you can update your account settings, including your email address, by going to the Membership tab up top. 

2. Affiliate Marketing Programs

Some of our content includes affiliate links, such as reviews or articles comparing various products and services. We may be compensated by third parties whose products we review. This compensation may impact where reviews and offers appear, with higher paying partners appearing higher on a page or in a more prominent position. None of our brands can or does promise to be comprehensive with their reviews of any particular marketplace, and the companies covered may heavily tilt towards partners.

That being said, we take try to make sure that our editorial opinions are not affected by our compensation, and no partner or advertiser will review, edit, endorse, or approve editorial content. We also make sure that the editorial teams of any brand remains distinct from the editorial team writing content for Curiosities and Original Content.

No reviews of products or services should be construed as an endorsement or guarantee of any kind. We do the best we can to make sure that the information we rely upon for our reviews is true and current, but we cannot and will not warranty that it actually is, or that we have not been confused or misled before or after publication.

Any service or product not offered by Curiosities and Original Content is subject to its own terms and conditions, including about how they may use the information you provide to them, which should be provided by the company through which you are receiving the product or service, and any use of a product or service not offered by Curiosities and Original Content is done so at your own risk.

3. Intellectual Property

All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of Curiosities and Original Content and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on Curiosities and Original Content. This includes message boards, blogs, podcasts, chats, software, our writings, graphics, videos, and any and all other features. You can find out more information on copyright law and the Internet at www.templetons.com/brad/copymyths.html.

You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2022 [or whatever the current year is] Curiosities and Original Content. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Curiosities and Original Content prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. 

You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our content, and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don't do it.

Please note that notwithstanding the foregoing, when you post content (such as a message-board post), you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that Curiosities and Original Content has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please don't post it on our websites. We'll only republish your content in context, and we'll credit you as author (unless we're using small quotations). We won't republish your posts in advertising without your permission. And we promise not to mock you unless it would amuse us.

We also ask that you only upload or include on our Services materials you have the right to use. While we don’t mind if Peter Parker posts photos he’s taken on our platform, we do ask that he not repost images he’s already sold or licensed to The Daily Bugle. 

 

You agree not to display any of Curiosities's trademarks or use them in any manner without our express written permission. 

4. Conduct

Curiosities and Original Content champions active and open debate among our members. All we ask is that it's done in a lawful and civil manner -- be it posting on our boards, commenting on blogs or articles, or using our system to contact a fellow member in any way.

Accordingly, you agree to use Curiosities and Original Content for lawful purposes only. You may not use or allow others to use your Group Membership to:

  • Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
    • Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
    • Post, transmit, or link to sexually explicit material;
    • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
    • Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
    • Offer, sell, or buy any security;
    • Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
    • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
    • Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
    • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
    • Take any action that damages or disrupts the functioning of our systems or Services.

    Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.

Curiosities and Original Content may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, or take any action for violating the above (and, if we may say so, sensible) provisions or otherwise taking an action disruptive to a Service. 

You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Member Support of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data. 

5. No Personalized Advice

We want to help you make money. However, Curiosities and Original Content is not in the business of rendering personalized investment advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.

Curiosities and Original Content may partner with third parties in order to make buying our Services' recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.

Affiliates of Curiosities and Original Content provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates' holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.

6. You Bear Responsibility for Your Financial and Investment Decisions

One of the principal tenets here at Curiosities is that the best person to handle your finances is you. By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that Curiosities and Original Content, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.

7. Disclaimer of Warranties and Liabilities

Curiosities and Original Content provides a very broad range of information and commentary via its many Services. Consequently, as a result of the diverse opinions of our staff, a Fool Service may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another Service we provide.

Curiosities does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. And although we have the hardest-working, most talented techies in the business, Curiosities makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment. Other than that, we reserve the right to be wrong, stupid, or even foolish (with a small "f").

Now what does all this mean? It means that you agree that under no circumstances will Curiosities, its employees, or its agents be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Websites, or arising from or related to these Terms or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our Services. This disclaimer of liability does not apply in New Jersey.

Curiosities relies on various sources of information that we believe to be accurate and reliable. There are also other contributors here -- most, we believe, with incredibly interesting and insightful information and opinions to share. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by Curiosities and Original Content is to be used on an "as is, with all faults, we're not perfect" basis.

Obligatory Capitalized Disclaimers of Liability:

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER THE MOTLEY FOOL NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.

That was tiresome, but important.

8. Communication

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you via email by writing to info@curiositiesandoriginalcontent.com

9. Dispute Resolution by Binding Arbitration and Class Action Waiver

If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You will email info@curiositiesandoriginalcontent.com with your concern and Curiosities will contact you via the email address we have on file for you.

If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

EXCEPTIONS

Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.

OPTING OUT

You will have thirty (30) days from the date you submit your personally identifiable information to opt out of this arbitration agreement. To opt out of arbitration, you must contact us at info@curiositiesandoriginalcontent.com. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

10. Your Agreement to These Terms

You acknowledge and agree that by agreeing to these Terms electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions.

11. Everything Else

If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the Commonwealth of Virginia (except with respect to choice of law).You agree that the proper forum for any claim arising thereunder will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.

Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and Curiosities and Original Content and govern your use of our sites.

Last Updated: January 18, 2022