Terms of Use

This website (“the Site”) is owned and operated by Surface Travel, Inc. dba Curacity (“Company,” “we,’ “us” or “our”). These terms of use (“Terms of Use”) set forth the terms and conditions governing your use of this Site and your access to and use of the information, content, goods and services (collectively, the “Services”). Please review these Terms of Use carefully. By accessing or using the

Site and/or Services, you signify that you have read, understand and agree to be legally bound by these Terms of Use, as amended from time to time. If you do not agree with these Terms of Use, please do not use the Site or the Services.

PRIVACY PRACTICES

By using the Site and in order to access certain Services, you may be required to provide information about yourself. Personal information you submit to Company or that we may collect in the course of your use of this Site is governed by our Privacy Policy.


CHANGES TO THESE TERMS OF USE

We reserve the right, at our discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If material changes are made to these Terms of Use, we will notify you by placing a notice on the Site. Your continued use of the Site and/or Services after the posting of any revisions to these Terms of Use signifies your acceptance of the revised Terms of Use.


USER ELIGIBILITY

By using the Site and/or Services, you represent and warrant that (i) you are age eighteen (18) or older, (ii) you possess the legal authority to create a binding legal obligation; and (iii) you agree to abide by all of the terms and conditions of these Terms of Use.


GENERAL USER CONDUCT

You understand that the Site and Services are available for your personal use only. You further agree not to use the Site and/or Services in any manner that:

  • Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

  • Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way; Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

  • Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Causes Company to lose (in whole or in part) the services of its Internet service providers or other suppliers;

  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;

  • Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Company in its sole discretion;

  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;

  • Violates, or encourages anyone to violate these Terms of Use, any ancillary terms and conditions listed on the Sites, or the Privacy Policy; or

  • Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving the Site and/or Services.


LINKING

We welcome links to the Site and/or Services. You are usually free to establish a hypertext link to any of the Site so long as the link does not create a false implication of sponsorship or endorsement of your site by the Site or by Company.


NO FRAMING

Without the prior written permission of Company, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Company or any of its licensors into another website or other service.


TERMINATION

We reserve the right, at our sole discretion and at any time, to modify or discontinue the Site and/or Services (or any part thereof), on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that Company will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Site and/or Services.


PROPRIETARY RIGHTS IN SITE CONTENT

You acknowledge and agree that all content on the Site or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Site Content”), is the proprietary property of Company, its providers, users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

Unless you have agreed otherwise in writing with Company, nothing in these Terms of Use gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.


LIMITED LICENSE

Company gives you a limited license to access the Site and/or Services for the sole purpose of enabling you to use and enjoy the benefit of the Site and Services as provided by Company in the manner permitted by these Terms of Use, including to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.


THIRD PARTY SITES

This Site may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Site or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and Company assumes no responsibility for any Third Party Sites or Content. Please review the polices applicable to Third Party Sites or Content to better understand the terms applicable to your use of such sites or content.


DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THIS SITE, THE SERVICES, AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. COMPANY DOES NOT WARRANT THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

The Site and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any Site Content posted on or through the Site or the Services or transmitted to Users, or any interactions between users of the Site, whether online or offline.

FURTHER, COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.


LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, NEITHER COMPANY, NOR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES AND/OR THE SITE CONTENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICES, ITS SERVERS, OR THE SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES AND THE SITE CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR PROPERTY, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


INDEMNITY

You agree to indemnify and hold Company, as well as any parent, subsidiary, affiliate, and each of their directors, officers, agents, contractors, partners and employees and third-party service providers harmless from and against any claim, demand, damages, cause of action, debt, loss or liability, costs and expenses including reasonable attorneys’ fees and other professional fees, to the extent that such action is based upon, arises out of, or in connection with any Third Party Sites or Content, any Third Party Services, your use of the Site and/or Services, your conduct in connection with the Site and/or Services or with other users of the Site and/or Services, or any violation of these Terms of Use or of any law or the rights of any third party. This indemnity shall survive the termination of these Terms of Use.


CHOICE OF LAW AND FORUM

These Terms of Use, and your relationship with Company under these Terms of Use, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any legal matter arising from these Terms of Service. Notwithstanding this, you agree that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


ENTIRE AGREEMENT

These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof and cannot be changed or terminated orally.


CONTACTING US

If you have any additional questions or concerns about these Terms of Use, please contact us by email at hans@curacity.com or by mail at:

Curacity

110 East 25th Street, 4th Floor

New York, NY 10010