Terms of service

TERMS OF USE

These Terms of Use govern access to and use of this Website operated under the brand name Collen Curve (“Owner”, “we”, “us”, or “our”).

Unless otherwise specified, these Terms apply generally when using this Website. Additional conditions of use or access may apply in specific scenarios and, in such cases, will be indicated within this document.

By using this Website, Users confirm that they meet the following requirements: Users may be Consumers or Business Users, unless otherwise specified.

CONTENT ON THIS WEBSITE

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by Collen Curve or its licensors.

Collen Curve makes every reasonable effort to ensure that the content provided on this Website does not infringe applicable laws or third-party rights. However, this result cannot always be guaranteed. In such cases, Users are encouraged to report any concerns using the contact details provided on this Website.

RIGHTS REGARDING CONTENT – ALL RIGHTS RESERVED

Collen Curve holds and reserves all intellectual property rights related to the content available on this Website.

Users may not use such content in any way that is not necessary or implicit in the proper use of the Service. This includes, without limitation, copying, downloading, sharing, modifying, translating, publishing, transmitting, selling, sublicensing, transferring, assigning, or creating derivative works from the content, nor allowing any third party to do so through the User or their device.

Where explicitly stated, Users may download, copy, or share content for their sole personal and non-commercial use, provided that all copyright and attribution notices are correctly implemented. Any statutory limitation or exception to copyright remains unaffected.

ACCESS TO EXTERNAL RESOURCES

This Website may provide access to external resources operated by third parties. Collen Curve has no control over such resources and is not responsible for their content, availability, or practices. Any conditions applicable to third-party resources are governed by their respective terms or applicable law.

DMCA NOTICE

If copyright holders believe that any content on this Website infringes their rights, they may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA), including identification of the copyrighted work, the allegedly infringing material, contact information, a statement of good faith belief, and a declaration of accuracy made under penalty of perjury.

Failure to comply with these requirements may result in an invalid notice.

ACCEPTABLE USE

This Website and its Services may only be used within the scope for which they are provided and in compliance with applicable laws.

Users are solely responsible for ensuring that their use of this Website does not violate any law, regulation, or third-party right. Collen Curve reserves the right to deny access, suspend accounts, or take other appropriate measures if misuse, unlawful behavior, or abuse is detected or suspected.

LIABILITY AND INDEMNIFICATION

To the maximum extent permitted by law, Collen Curve’s liability for damages in connection with the use of this Website or the execution of this Agreement is excluded or limited.

Users agree to indemnify and hold harmless Collen Curve, its affiliates, officers, directors, agents, partners, and employees from any claim, loss, or demand arising from the User’s violation of these Terms, third-party rights, or applicable law.

LIMITATION OF LIABILITY

Except where required by law, or in cases of intent or gross negligence, Collen Curve shall not be liable for damages exceeding those that are typical and foreseeable at the time the contract was entered into.

For Business Users, any liability shall not exceed the total amount paid to Collen Curve by the User in the twelve (12) months preceding the claim.

AUSTRALIAN USERS

Nothing in these Terms excludes non-excludable rights under the Competition and Consumer Act 2010 (Cth). Where permitted by law, liability is limited to the re-supply of services or payment of the cost of having the services supplied again.

US USERS – DISCLAIMER OF WARRANTIES

This Website is provided on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, Collen Curve disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Collen Curve does not warrant that the Service will be uninterrupted, error-free, secure, or free from harmful components.

US USERS – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Collen Curve shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill. Liability shall not exceed the amount paid by the User to Collen Curve in the twelve (12) months preceding the claim.

SERVICE INTERRUPTION

Collen Curve reserves the right to interrupt, suspend, or discontinue the Service for maintenance, updates, or circumstances beyond reasonable control, including force majeure events.

SERVICE RESELLING

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website or its Services without prior written authorization from Collen Curve.

PRIVACY POLICY

Information regarding the processing of personal data is available in the Privacy Policy published on this Website.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights related to this Website, including trademarks, logos, images, and content, are the exclusive property of Collen Curve or its licensors and are protected by applicable laws and international treaties.

CHANGES TO THESE TERMS

Collen Curve reserves the right to modify these Terms at any time. Continued use of the Website or Service constitutes acceptance of the revised Terms.

ASSIGNMENT

Collen Curve may assign or transfer its rights and obligations under these Terms. Users may not assign their rights or obligations without prior written consent.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the United States, without regard to conflict of laws principles. The exclusive jurisdiction for any dispute arising out of or in connection with these Terms shall be the courts located in the United States.

UK CONSUMERS

Consumers based in England and Wales may bring proceedings in the courts of England and Wales. Consumers based in Scotland or Northern Ireland may bring proceedings in their local courts.

NO CLASS ACTIONS (US USERS)

All claims must be brought individually. Users waive any right to participate in class actions or jury trials.

SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the User and Collen Curve and supersede all prior agreements or communications relating to the subject matter.

CONTACTS

All communications relating to the use of this Website must be sent using the contact information provided on this Website.

E-mail: support@collen.com