Terms Of Service

BY ACCESSING, VISITING AND/OR USING CURATING CHRISTMAS, YOU ARE AGREEING WITH AND TO COMPLY WITH/ BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS; PLEASE DO NOT ACCESS AND/OR USE THE SITE.

” You ” or ” Your ” means You personally (that is, the natural person who reads and agrees to commit to the Terms) and, if you access the Site on behalf of a company or other legal entity, collectively, you and that company or other legal entity on whose behalf you access the Site.

These Terms of Service, which will be amended from time to time by Curating Christmas. All versions are time-stamped so you may clearly and easily assess if the present text is new to you.

Your access to the services provided by Curating Christmas may be subject to additional terms and conditions published on the Website. These additional terms and conditions include, but are not limited to, license agreements, service-specific notices or statements and the Privacy Policy. These additional terms are incorporated herein by reference to the Terms. If there is any conflict between these additional terms and the Terms, the additional terms shall prevail with respect to the subject matter of such additional terms.

Curating Christmas reserves the right to interrupt at all times the provision of the services or to modify it, to any extent, without notice and without indication of reason. Curating Christmas further reserves the right to seek all available resources by law and in fairness, as appropriate, for any violation of the Terms. Any rights not expressly granted herein are reserved by Curating Christmas.

For questions regarding the services or you are interested in advertising with Curating Christmas you may contact Curating Christmas at hello@curatingchristmas.com

GENERAL INFORMATION

AFFILIATES / FREEBIES / SPONSORED POSTS

Affiliate links are links to products that are available from a third party. When products are purchased via the link, Curating Christmas receives a small portion of the sale at no extra cost to you. Affiliate links will always be properly marked and disclosed before you are able to click on them.

Curating Christmas is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

In Addition to being a member of the Amazon Associates program in the United States, Canada, and the UK, Curating Christmas is also a member of the following affiliate networks: shareasale.com, Awin, SOVRN, CJ Affiliates, and Uncommon Goods Affiliate program. For a full list of the companies we work with through these affiliate networks, please visit our Affiliates page.

At this time Curating Christmas has not received any Freebies or participated in any sponsored posts, but in future, freebies and sponsored posts will always be properly marked. Curating Christmas will never accept a sponsored post for a product that we do not use, love or recommend, and any freebies will always be disclosed openly and honestly. If you wish to discuss sponsored posts, feel free to reach out to Curating Christmas at hello@curatingchristmas.com

THE SERVICE

ACCESS TO THE SITE

By accessing, visiting, and/or otherwise using CuratingChristmas.com, you must comply with all applicable laws, including federal, state, and local laws, as well as the laws of your jurisdiction. You agree not to use or exploit the content of the Site in any way inconsistent with the Terms and, in particular, always respect the rights granted or the restrictions set forth herein.

Notwithstanding the foregoing, and in accordance with these Terms, when you register into Curating Christmas you are granted a personal, non-exclusive, non-transferable, and revocable right to access the Site, use its different functionalities, display its content, and benefit from its services, under the following conditions and rules of conduct:

• You may not, under any circumstances, alter, disassemble, or modify any part of the Site, nor attempt to, or encourage or assist anyone else to circumvent or modify any component of the Site;
• You may not use or attempt to use any mechanism, software tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, offline readers, avatars, worms, or smart agents) or any other automated system that may have the purpose or effect of adversely affecting the site, to browse or search the site otherwise other than through generally available third-party browsers;
• You may not attempt to mask your IP address to simulate access from a region other than your country of residence
• You may not (i) violate copyright, trademark, or other intellectual property laws contained on the Site, (ii) attempt to collect, store, or publish personally identifiable information without the owner’s knowledge and consent under any circumstances, and (iii) disable, interrupt, circumvent, interfere with or violate the security of the Site;
• Use of the site requires one or more compatible devices, Internet access, and certain software and may require obtaining updates or upgrades from time to time. Because your use of the website involves hardware, software, and Internet access, your ability to use the site may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your own sole responsibility;
• You agree to use the site at your own risk. In particular:
  • you agree that CuratingChristmas.com will not assume any responsibility for content that may be considered offensive, indecent, or objectionable by yourself or other users. In case you find something on the site offensive, indecent, or objectionable, please contact CuratingChristmas.com and report the problem;
  • you agree that any issues that arise from financial interactions with Curating Christmas affiliates or partners from whom you purchase any products or services via CuratingChristmas.com are not imputable in any form to CuratingChristmas.com and solely represent a univocal transactional relationship between yourself and that partner.
• You acknowledge that any use of any third-party website – even if referred to by hyperlinks on the Site – will be subject to its own terms of use and privacy policy, if any.

ACCOUNT REGISTRATION

• In order to access certain areas of the Website, You may be required to have a valid account.
• To create an account, You must provide us with an electronic mail address, as well as other information (the “Access Data“). You are responsible for maintaining the confidentiality of Your Access Data and for all activities that occur under Your account.
• You agree to immediately notify us of any unauthorized use of Your account or any other breach of security. You further commit to exit from Your account at the end of each session.
• You represent and warrant that Your Access Data are true, accurate, current, and complete. We shall assume no liability in relation with Your Access Data. If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that it might be the case, we reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Services or any portion thereof.
• By registering an account, You represent and warrant that You are at least 18 years of age. You are solely responsible for ensuring that the use of our Services is in compliance with all laws, rules and regulations applicable to You, it is being specified that any use of our Services that conflicts with any applicable law, rule, or regulation is strictly prohibited.
• CuratingChristmas.com may, in its sole discretion, refuse to offer our Services to any specific person or entity and change our eligibility criteria at any time

ON MINORS

As defined under Personal Data Protection Legislation, a “minor” is a natural person
under the age of 16.

The usage, information, and content of this website is exclusively intended for natural persons who are over the age of 18.

Curating Christmas will therefore immediately and without prior notice erase all data and information (including perks, benefits, or purchased items) plus cancel all ongoing transactions upon determining that the user who has input that information and/or about whom such Data and Information pertains to is a minor (as herein above defined); without any entitlement to any kind of compensation to that user.

COMMENTS AND SOCIAL MEDIA

All comments and their metadata are retained indefinitely (although anonymized where the case is of a non-active user, meaning someone who is no longer registered). This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. While being an active user, when you leave a comment, your name, email address, and website/organization name are not shared with a third party and may be used to communicate with you.

Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, YouTube, and so forth) can track your Personal Data. Should you choose to interact with curating Christmas on social media, please note that you will be voluntarily disclosing Personal Data in the sense that whatever Social Media Profile you are using will be identified towards such interactions; therefore, Curating Christmas has no means of ensuring that such information remains private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage, or dissemination of such publicly-disclosed Personal Data or any sort of information by you on Social Media channels/platforms.

Hence, any such interactions via comments and social media with Curating Christmas do not subject Curating Christmas to any kind of liability related to the misuse of your information by others.

CONTENT

Curating Christmas reserves the right to remove, replace, redesign, or change any of its content, imagery, or products without any announcement or warning.

Curating Christmas may contain outdated information such as prices, sales, and products that no longer exist or are no longer in stock. Curating Christmas is not responsible for any outdated information, as products are consistently changing. However, Curating Christmas will do its best to go back and fix old links and change things as soon as possible. If you find any outdated information you would like Curating Christmas to fix, please reach out to Curating Christmas at hello@curatingchristmas.com

Curating Christmas does its utmost to work through affiliate programs, but often when there is none, we will reach out to companies directly to ask for their permission to share products. If you believe that your content has been posted here mistakenly or without your permission, please feel free to reach out.

CONTENT USAGE

Easy and acceptable ways to share the contents of Curating Christmas blog are through pinning, sharing, or retweeting content on social media. Share buttons are available at the bottom of each blog post, and most images on Curating Christmas are easily pinnable on Pinterest via an icon in the upper right-hand corner of the image.

EMAIL MARKETING

Curating Christmas follows the guidelines set up by the CAN-SPAM Act, which you can read more about here. You will always have the option of opting in or unsubscribing from our email list. By subscribing and opting in, you agree to receive newsletters, updates, messages, promotional materials, and any other content related to this website. When you send an email, your email message along with your email address and responses are saved for communication purposes with you. This information is kept confidential and we do not share, sell, or trade your email information with third parties except as otherwise stated in this privacy policy. You have the option to opt-out of receiving our e-mails at any time.

GIFT LIST

Curating Christmas has the option for you to make personalized gift lists and save them to the Curating Christmas website. We always keep your information secure, and will not share it with any outside sources for any purposes, plus you have the option to opt-out at any time.

INTELLECTUAL PROPERTY RIGHTS

The Website includes content owned, operated, licensed and/or controlled by either CuratingChristmas.com or its partners and affiliates. The information and materials made available through the Website are and shall remain respectively the property of those entities, and are protected by copyright, trademark, patent, and/or other proprietary rights of the like. CuratingChristmas.com grants You a limited, revocable, non-sublicensable right to view the content of the Website solely for Your use of the Website.

You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on the Website or any information from the Website, in whole or in part, without the express prior written authorization of CuratingChristmas.com or its partners and affiliates as there may be the case. Elements of the Website are protected by copyright, trademark, unfair competition, and/or other applicable laws and may not be copied or imitated in whole or in part. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CuratingChristmas.com’s or its partners and affiliates’ trade names, trademarks, or service marks without CuratingChristmas.com’s or those other entities respective express prior written consent.

IMAGE COPYRIGHT

The Curating Christmas site uses a variety of photos. Most product images are the property of the companies from which each product is available. Other images will either be stock photos that have been legally purchased for usage, images that are in the public domain, or images that are readily available on the Internet and published according to the U.S. Copyright Fair Use Act, title 17, U.S. Code. In instances where photos do not meet the above criteria, a link or note listing the credit will be placed below the image. If you ever find a photo that is not properly credited, please feel free to reach out to hello@curatingchristmas.com and we will rectify the situation.

OPT-OUT

Besides the exercise of rights under applicable Personal Data Protection legislation, we comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” at the bottom of the email we send to you or by contacting us.

As for third-party websites, please contact them directly to unsubscribe and/or opt-out of their communications.

THIRD-PARTY LINKS AND USE

We may include, offer, or advertise third-party links, products, or services on the website. Once you click on a third-party link and leave this website, you are no longer bound by our Privacy Policy and Terms of Service.

Curating Christmas does not carry any of the products listed on this website, nor do we directly sell them from our website. You will always be re-directed to a third-party website to purchase a product. Therefore, despite recommending these products, Curating Christmas is not able to help you with any issues regarding the shipping, payment, or condition of your product once it arrives. All product complaints should be directed to the third-party from which the product was purchased.

Articles on this website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions.

NO WARRANTIES

In general, The Website is offered « as it is » and « as it is available ». Consequently, CuratingChristmas.com does not offer any guarantee.

CuratingChristmas.com especially does not guarantee that (i) the Website and its related services will meet Your requirements; (ii) its content is exhaustive, accurate, precise, reliable, updated and does not transgress the right of third parties; (iii) Your access to the Website will be uninterrupted or error-free or virus-free, or that the Website will be available at all times; (iv) defects will be corrected; (v) the Website is secured; or that (vi) any advice or opinion received from us or through the Website is exact and reliable.

Any information accessible via the Website is subject to modification or deletion without notice.

The complete enjoyment of the services and/or features provided through the Website and CuratingChristmas.com may need to use third-parties services (Google Maps™, YouTube™, Facebook™ or Twitter™ buttons, etc.). CuratingChristmas.com does not guarantee that the access to these services is available in the country where You are located according to local applicable law and regulations. To that extent, CuratingChristmas.com shall not bear any liability for damages due to the impossibility to connect to such services.

Accuracy, exhaustiveness, and timeliness of information

We use reasonable efforts to ensure that information accessible via the Website is accurate and complete. Should this not be the case, CuratingChristmas.com shall nevertheless accept no liability. You acknowledge that any reliance upon such information shall be at Your sole risk. You acknowledge that it is Your obligation and responsibility to keep Yourself informed of any change or amendment that may have been made to the content of the Website and its related services. Any liability on the part of CuratingChristmas.com in this respect is excluded.

LIMITATION OF LIABILITY

To the extent permitted by law, any liability on the part of CuratingChristmas.com, its representatives, its partners, or any of its auxiliaries that might result from your access to – or your use of – the website, is excluded.

In no event shall CuratingChristmas.com and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents, and representatives be liable for any special, indirect, exemplary, incidental, consequential or punitive damages or any damages whatsoever resulting from loss of use, data, or profits, loss of other intangibles, loss of security of information you have provided in connection with your use of the website, or unauthorized interception of any such information by third parties, whether in an action of equity, contract, negligence, or other tortious action, arising out of or in connection with the use or performance of the website, any products and services available through the website, any software, information, content, documents, related graphics, provision of or failure to provide services available from or through the website, even if advised in advance of such damages or losses. in particular, and without limitation, CuratingChristmas.com and/or its respective subsidiaries, affiliates, suppliers, and licensors and their directors, officers, employees, agents and representatives will not be liable for damages of any kind resulting from your use of or inability to use the website or from any software and/or other content posted on the website by CuratingChristmas.com or any third party.

Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website. the maximum liability of CuratingChristmas.com for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to CuratingChristmas.com to access and use the website.

The website, the products and services available through the website, and the information, content, software, documents, and related graphics published on the website could include technical inaccuracies, errors, or omissions. changes may be periodically added to the information herein. CuratingChristmas.com and/or its respective subsidiaries, affiliates, suppliers and licensors may, but are not obligated to, make improvements and/or changes in the website, the products and services available through the website and the information, service(s), product(s), and/or the program(s) described herein at any time.

Nothing in this section shall limit CuratingChristmas.com’s liability to you to the extent such liability cannot be excluded under applicable laws, including (only to the extent applicable and without limitation) liability for death or personal injury resulting from CuratingChristmas.com’sproven negligence, or fraudulent misrepresentation, or concealment.

MISCELLANEOUS

The Terms constitute the entire agreement between You and CuratingChristmas.com concerning the access to – and the use of – the Website.

Unlike CuratingChristmas.com, You are not allowed to transfer to third parties the rights and obligations which are Yours according to the Terms.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, it shall be replaced with a provision having legal and economic effects as similar as possible to the invalid provision. In any event, all other provisions of the Terms shall remain valid and enforceable to the fullest extent possible.

If You or others violate the Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

The Terms are available in English language only.

APPLICABLE LAW AND JURISDICTION

You agree that all matters relating to Your access to or use of the Website, including all disputes based on the Terms, will be governed by the substantive laws of Delaware USA, without regard to its conflicts of laws provisions. The United Nations Convention on the International Sale of Goods is expressly excluded.

You agree to the personal jurisdiction by and venue in the ordinary courts of venue, United States, and waive any objection to such jurisdiction or venue.

Any claim under the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between CuratingChristmas.com and You arising out of or in connection with Your use of the Website and/or based on the Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If CuratingChristmas.com and You are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law, as defined above.

Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which the Terms are enforced or construed prohibit the application of the laws specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if You are an individual consumer, the preceding choice-of-law and choice-of-jurisdiction provisions shall not affect any mandatory right You may have to take action in Your country of residence under the laws of that country.