Agreement between User and Curator 3d Gallery
Welcome to the Curator 3d Gallery website.
The Curator 3d Gallery (https://curator3dgallery.com/) website (the "Site") is comprised of various web pages operated by Fusion Art, LLC & Climb Solutions Info ("FA/CSI"). Curator 3d Gallery is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Curator 3d Gallery website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Curator 3d Gallery website is an E-Commerce Site created to sell and support a virtual 3d art gallery exhibition space WordPress plugin called Curator 3d Gallery.
Privacy
Your use of Curator 3d Gallery and the Curator 3d Gallery website is subject to Curator/FA/CSI's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Curator 3d Gallery website or sending emails to Curator/FA/CSI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Registration
In order to access certain Services (“Services”) and/or Subscriptions (“Subscriptions”), you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Services or as part of your continued use of the Services. The provided data requested on the form pages during registration must be complete and correct. The e-mail address provided must be correct and valid. The user account is formed and activated by a confirmation e-mail sent by https://www.curator3dgallery.com/ following the registration. By registering with www.curator3dgallery.com, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.
Your Account
During registration, the user has to choose a user name and password. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Curator/FA/CSI is not responsible for third party access to your account that results from theft or misappropriation of your account. Curator/FA/CSI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fees
You shall pay all fees specified in any subscription to the Product or Services or use of the Site (“Subscription”). Upon acceptance of this agreement, you authorize Curator/FA/CSI to charge through Paddle (https://www.paddle.com) a recurring monthly or annual Subscription fee. We will charge you this monthly or annual Subscription fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first seven (14) days (as described in the sections below entitled Cancellation/Termination and Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.
All Subscription fees are exclusive of Tax. Paddle will calculate the tax based on your country and/or state and will collect those taxes and remit those taxes to taxing authorities.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Product or Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
Cancellation/Termination
If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support (support@curator3dgallery.com) and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first seven (14) days of opening your Curator/FA/CSI Account, you will receive a refund of your Subscription fee.
Upon cancellation of your Subscription, Curator/FA/CSI is under no obligation to maintain or store your account information or Content. Curator/FA/CSI may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Curator/FA/CSI’s processes and practices.
Curator/FA/CSI reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Curator/FA/CSI may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Curator/FA/CSI also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of United States and India. Curator/FA/CSI reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
Refund Policy
The Curator/FA/CSI no-risk money back guarantee offers that, if at any time within the first 14 days of opening your paid Account you decide that Curator 3d gallery is not for you, then just let our support team know.
We will stop your Subscription and issue you a refund. Your request for a cancellation must be received within 24 business hours of the 14 days of the date and time of opening your paid Account. While some refunds may be instant, refund credit can take up to 5 – 10 business days to show up in your credit card statement.
Discount Policy
On occasion, Curator/FA/CSI may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.
Plugin License
Curator 3d Gallery WordPress plugin is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
Product Usage
Our plugin packages include access to support and updates for one year. Curator/FA/CSI has the right to change the terms of this website and the licensing of any Curator/FA/CSI product at any time.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Curator/FA/CSI. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Curator/FA/CSI be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Support & Updates
Support for plugins sold and distributed by Curator/FA/CSI is only available for those who have an active, paid subscription, which includes a support license.
Support, updates and plugin downloads are granted for one year after the original purchase based on the license that you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support, updates, and access to download plugin files for the items purchased.
Support for Curator 3d Gallery is provided as long as Curator/FA/CSI is actively in development. Should any one of the following occur, Curator/FA/CSI will no longer be responsible for providing support for any products:
• Curator 3d Gallery is no longer actively developed as a viable product under Curator/FA/CSI.
• Curator/FA/CSI or the parent company is purchased or bought out by another company.
• WordPress is no longer actively developed.
While we attempt to provide the best support possible for our plugin, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.
License Holders
Only a license holder is permitted to request support or access support resources. If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license key without notice or consent.
Re-posting content from any portion of this site, including the support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in a manner specified above, we reserve the right to suspend indefinitely the license key without notice or consent.
Children Under Thirteen
Curator/FA/CSI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Curator 3d Gallery only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Curator 3d Gallery may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Curator/FA/CSI and Curator/FA/CSI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Curator/FA/CSI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Curator/FA/CSI of the site or any association with its operators.
Certain services made available via Curator 3d Gallery may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Curator 3d Gallery domain, you hereby acknowledge and consent that Curator/FA/CSI may share such information and data with any third party with whom Curator/FA/CSI has a contractual relationship to provide the requested product, service or functionality on behalf of Curator 3d Gallery users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Curator 3d Gallery strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Curator/FA/CSI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Curator/FA/CSI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Curator/FA/CSI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Curator/FA/CSI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Curator/FA/CSI or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Curator/FA/CSI has no obligation to monitor the Communication Services. However, Curator/FA/CSI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Curator/FA/CSI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Curator/FA/CSI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Curator/FA/CSI's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Curator/FA/CSI does not control or endorse the content, messages or information found in any Communication Service and, therefore, Curator/FA/CSI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Curator/FA/CSI spokespersons, and their views do not necessarily reflect those of Curator/FA/CSI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Curator 3d Gallery or Posted on Any Curator/FA/CSI Web Page
Curator/FA/CSI does not claim ownership of the materials you provide to Curator 3d Gallery (including feedback and suggestions) or post, upload, input or submit to any Curator/FA/CSI Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Curator/FA/CSI, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Curator/FA/CSI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Curator/FA/CSI's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Curator/FA/CSI from our offices within the USA and India. If you access the Service from a location outside the USA or India, you are responsible for compliance with all local laws. You agree that you will not use the Curator/FA/CSI Content accessed through the Curator 3d Gallery website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Curator/FA/CSI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Curator/FA/CSI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Curator/FA/CSI in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FA/CSI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liabilities & Limitations
In principle, Curator/FA/CSI strives to maintain service on the https://www.curator3dgallery.com/ website for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures.
Scheduled offline periods are necessary to maintain and update the website. These will be announced in advance, when possible, and do not constitute a breach of Curator/FA/CSI's contractual obligations. Curator/FA/CSI cannot guarantee the availability of their internet services at all times. If labor disputes, acts of God, war, riots or other circumstances beyond the control of Curator/FA/CSI prevent Curator/FA/CSI from fulfilling their contractual obligations, Curator/FA/CSIshall face no legal consequences.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CURATOR/FA/CSI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CURATOR/FA/CSI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CURATOR/FA/CSI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURATOR/FA/CSI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CURATOR/FA/CSI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Curator/FA/CSI reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Curator/FA/CSI as a result of this agreement or use of the Site. Curator/FA/CSI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Curator/FA/CSI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Curator/FA/CSI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Curator/FA/CSI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Curator/FA/CSI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Curator/FA/CSI reserves the right, in its sole discretion, to change the Terms under which Curator 3d Gallery is offered. The most current version of the Terms will supersede all previous versions. Curator/FA/CSI encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Curator/FA/CSI welcomes your questions or comments regarding the Terms:
Curator/FA/CSI (Fusion Art, LLC)
320 GOLD AVE. SW STE 620 PMB 2500
ALBUQUERQUE, New Mexico 87144
Email Address: info@curator3dgallery.com
Effective as of September 23, 2022
Welcome to the Curator 3d Gallery website.
The Curator 3d Gallery (https://curator3dgallery.com/) website (the "Site") is comprised of various web pages operated by Fusion Art, LLC & Climb Solutions Info ("FA/CSI"). Curator 3d Gallery is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Curator 3d Gallery website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Curator 3d Gallery website is an E-Commerce Site created to sell and support a virtual 3d art gallery exhibition space WordPress plugin called Curator 3d Gallery.
Privacy
Your use of Curator 3d Gallery and the Curator 3d Gallery website is subject to Curator/FA/CSI's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Curator 3d Gallery website or sending emails to Curator/FA/CSI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Registration
In order to access certain Services (“Services”) and/or Subscriptions (“Subscriptions”), you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Services or as part of your continued use of the Services. The provided data requested on the form pages during registration must be complete and correct. The e-mail address provided must be correct and valid. The user account is formed and activated by a confirmation e-mail sent by https://www.curator3dgallery.com/ following the registration. By registering with www.curator3dgallery.com, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.
Your Account
During registration, the user has to choose a user name and password. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Curator/FA/CSI is not responsible for third party access to your account that results from theft or misappropriation of your account. Curator/FA/CSI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fees
You shall pay all fees specified in any subscription to the Product or Services or use of the Site (“Subscription”). Upon acceptance of this agreement, you authorize Curator/FA/CSI to charge through Paddle (https://www.paddle.com) a recurring monthly or annual Subscription fee. We will charge you this monthly or annual Subscription fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first seven (14) days (as described in the sections below entitled Cancellation/Termination and Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.
All Subscription fees are exclusive of Tax. Paddle will calculate the tax based on your country and/or state and will collect those taxes and remit those taxes to taxing authorities.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Product or Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
Cancellation/Termination
If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support (support@curator3dgallery.com) and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first seven (14) days of opening your Curator/FA/CSI Account, you will receive a refund of your Subscription fee.
Upon cancellation of your Subscription, Curator/FA/CSI is under no obligation to maintain or store your account information or Content. Curator/FA/CSI may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Curator/FA/CSI’s processes and practices.
Curator/FA/CSI reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Curator/FA/CSI may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Curator/FA/CSI also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of United States and India. Curator/FA/CSI reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
Refund Policy
The Curator/FA/CSI no-risk money back guarantee offers that, if at any time within the first 14 days of opening your paid Account you decide that Curator 3d gallery is not for you, then just let our support team know.
We will stop your Subscription and issue you a refund. Your request for a cancellation must be received within 24 business hours of the 14 days of the date and time of opening your paid Account. While some refunds may be instant, refund credit can take up to 5 – 10 business days to show up in your credit card statement.
Discount Policy
On occasion, Curator/FA/CSI may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.
Plugin License
Curator 3d Gallery WordPress plugin is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
Product Usage
Our plugin packages include access to support and updates for one year. Curator/FA/CSI has the right to change the terms of this website and the licensing of any Curator/FA/CSI product at any time.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Curator/FA/CSI. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Curator/FA/CSI be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Support & Updates
Support for plugins sold and distributed by Curator/FA/CSI is only available for those who have an active, paid subscription, which includes a support license.
Support, updates and plugin downloads are granted for one year after the original purchase based on the license that you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support, updates, and access to download plugin files for the items purchased.
Support for Curator 3d Gallery is provided as long as Curator/FA/CSI is actively in development. Should any one of the following occur, Curator/FA/CSI will no longer be responsible for providing support for any products:
• Curator 3d Gallery is no longer actively developed as a viable product under Curator/FA/CSI.
• Curator/FA/CSI or the parent company is purchased or bought out by another company.
• WordPress is no longer actively developed.
While we attempt to provide the best support possible for our plugin, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.
License Holders
Only a license holder is permitted to request support or access support resources. If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license key without notice or consent.
Re-posting content from any portion of this site, including the support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in a manner specified above, we reserve the right to suspend indefinitely the license key without notice or consent.
Children Under Thirteen
Curator/FA/CSI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Curator 3d Gallery only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Curator 3d Gallery may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Curator/FA/CSI and Curator/FA/CSI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Curator/FA/CSI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Curator/FA/CSI of the site or any association with its operators.
Certain services made available via Curator 3d Gallery may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Curator 3d Gallery domain, you hereby acknowledge and consent that Curator/FA/CSI may share such information and data with any third party with whom Curator/FA/CSI has a contractual relationship to provide the requested product, service or functionality on behalf of Curator 3d Gallery users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Curator 3d Gallery strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Curator/FA/CSI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Curator/FA/CSI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Curator/FA/CSI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Curator/FA/CSI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Curator/FA/CSI or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Curator/FA/CSI has no obligation to monitor the Communication Services. However, Curator/FA/CSI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Curator/FA/CSI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Curator/FA/CSI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Curator/FA/CSI's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Curator/FA/CSI does not control or endorse the content, messages or information found in any Communication Service and, therefore, Curator/FA/CSI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Curator/FA/CSI spokespersons, and their views do not necessarily reflect those of Curator/FA/CSI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Curator 3d Gallery or Posted on Any Curator/FA/CSI Web Page
Curator/FA/CSI does not claim ownership of the materials you provide to Curator 3d Gallery (including feedback and suggestions) or post, upload, input or submit to any Curator/FA/CSI Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Curator/FA/CSI, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Curator/FA/CSI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Curator/FA/CSI's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Curator/FA/CSI from our offices within the USA and India. If you access the Service from a location outside the USA or India, you are responsible for compliance with all local laws. You agree that you will not use the Curator/FA/CSI Content accessed through the Curator 3d Gallery website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Curator/FA/CSI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Curator/FA/CSI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Curator/FA/CSI in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FA/CSI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liabilities & Limitations
In principle, Curator/FA/CSI strives to maintain service on the https://www.curator3dgallery.com/ website for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures.
Scheduled offline periods are necessary to maintain and update the website. These will be announced in advance, when possible, and do not constitute a breach of Curator/FA/CSI's contractual obligations. Curator/FA/CSI cannot guarantee the availability of their internet services at all times. If labor disputes, acts of God, war, riots or other circumstances beyond the control of Curator/FA/CSI prevent Curator/FA/CSI from fulfilling their contractual obligations, Curator/FA/CSIshall face no legal consequences.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CURATOR/FA/CSI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CURATOR/FA/CSI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CURATOR/FA/CSI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURATOR/FA/CSI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CURATOR/FA/CSI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Curator/FA/CSI reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Curator/FA/CSI as a result of this agreement or use of the Site. Curator/FA/CSI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Curator/FA/CSI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Curator/FA/CSI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Curator/FA/CSI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Curator/FA/CSI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Curator/FA/CSI reserves the right, in its sole discretion, to change the Terms under which Curator 3d Gallery is offered. The most current version of the Terms will supersede all previous versions. Curator/FA/CSI encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Curator/FA/CSI welcomes your questions or comments regarding the Terms:
Curator/FA/CSI (Fusion Art, LLC)
320 GOLD AVE. SW STE 620 PMB 2500
ALBUQUERQUE, New Mexico 87144
Email Address: info@curator3dgallery.com
Effective as of September 23, 2022
Curator 3d Art Gallery Plugin