Terms of Service
1. Your Acceptance
2. Curious18 Service
These Terms of Service apply to all users of the Curious18 Service. Information provided by our users through the Curious18 Service may contain links to third party websites that are not owned or controlled by Curious18. Curious18 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Curious18 will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Curious18 shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Curious18 Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Curious18 with your basic details (Name, phone, city, education etc.). You expressly acknowledge and agree that in order to provide the Service, Curious18 may periodically access your details on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Curious18 to access your details or location in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Curious18 Service. You must notify Curious18 immediately of any breach of security or unauthorized use of your mobile phone. Although Curious18 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Curious18 or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Curious18 servers in a given period of time than a human can reasonably produce in the same period by using a Curious18 application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Curious18 grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Curious18 reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Curious18 clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Curious18 Service along with Curious18 created text, scripts, graphics, interactive features and the like, except post Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Curious18, subject to copyright and other intellectual property rights under INDIA and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Curious18 reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
5. User post Submissions
A. the Curious18 Service allows Curious18 users to submit status text, profile photos, join groups, create groups, and follow people and discussions including other communications submitted by you. For clarity, direct messages, location data and photos or files that you send directly to other Curious18 users will only be viewable by
C. In connection with posts, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Curious18 all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Curious18 or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Curious18 does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Curious18 expressly disclaims any and all liability in connection with Status Submissions. Curious18 does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Curious18 will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Indian copyright act,1957) and other infringement laws under various sections,(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Curious18 user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at curious18.com. Curious18 reserves the right to remove content and Status Submissions without prior notice. Curious18 may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Curious18 employees, agents, subagents, superagents or superheros. Curious18 also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Curious18 may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Curious18 Service you will be exposed to Status Submissions from a variety of sources, and that Curious18 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Curious18. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Curious18 with respect thereto, and agree to indemnify and hold Curious18, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Curious18 Service.
F. Curious18 permits you to link to materials on the Service for personal purposes only. Curious18 reserves the right to discontinue any aspect of the Curious18 Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CURIOUS18 SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CURIOUS18, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CURIOUS18 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CURIOUS18 SERVICE. CURIOUS18 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CURIOUS18 SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND CURIOUS18 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT CURIOUS18 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Curious18 from its facilities in INDIA. Curious18 makes no representations that the Curious18 Service is appropriate or available for use in other locations. Those who access or use the Curious18 Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Curious18, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Curious18 Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Curious18 Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Curious18 Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Curious18 Service. You further represent and warrant that you are not located in a country that is subject to a INDIAN Government embargo, or that has been designated by the INDIAN Government as a” terrorist-supporting” country, and that you are not listed on any INDIAN Government list of prohibited or restricted parties. Curious18 is the developer of the Service, with an address at Survey No 174 & 175, DSK Sundarban Business Hub 1, Behind Amanora Park Town, Opp DSK Toyota Showroom, Hadapsar, Pune, Maharashtra 411028, info at curious18.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Curious18 without restriction.
The Information Curious18 Collects
Curious18 may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Curious18 when choosing to participate in various uses of the Curious18 Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Curious18 Service, Curious18 will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Curious18 users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the Curious18 Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Curious18 uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Curious18 Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Curious18 Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Curious18 Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Curious18 Does Not Collect
Curious18 does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Curious18 mobile application will associate whatever name the Curious18 user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Curious18’s servers and is not transmitted to Curious18. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your Curious18 contact list. We do not collect location data, but users may voluntarily share their location in future with other users via the Curious18 Service.
The contents of messages that have been delivered by the Curious18 Service are not copied, kept or archived by Curious18 in the normal course of business. The Curious18 Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Curious18 user), if that recipient is online. If the recipient is not online, the undelivered message is held in Curious18’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages may or may not retained by. Notwithstanding the above, Curious18 may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Curious18 is legally compelled to collect. Files that are sent through the Curious18 Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way Curious18 Uses Information
When Curious18 Discloses Information
Other users of the Curious18 Service may see your Status Submissions in a way that is consistent with the use of the Curious18 Service. For example, a status of "Can't talk, please SMS instead" set by phone number +1 (408) 555-1212 will be available to every user of the Curious18 Service who has that mobile phone number in their mobile phone’s address book or contact list. In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user. “Last Seen” information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the Curious18 mobile application has been used or brought to the foreground on your mobile phone. “Last Seen” information is reported to Curious18 when a user brings the mobile application to the foreground.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Curious18 Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Curious18 Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Indian Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Curious18 also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Curious18 believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Curious18 Site or our servers, and to protect the rights, property, or personal safety of Curious18, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. Curious18 is currently ad-free and we hope to keep it that way forever. We may introduce customize or content based advertisement into the product, which will not affect user experience as much.
Our Commitment to Data Security
Curious18 uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Curious18 and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Curious18 Service is never recommended. Once we receive your transmission of information, Curious18 makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Curious18 learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Curious18 may post a notice on the Curious18 Site or through the Curious18 Service if a security breach occurs.
Communications Regarding Our Services
Users hereby consent to receive communications by SMS or calls from Curious18 with regard to services provided by them.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that Curious18 is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Effective date: 17 January 2016