Terms of Use

Effective Date:  March 19, 2024

These Terms of Use ("Terms of Use") apply to all websites, apps, and services operated and controlled by CuriosityStream Inc. (either "we," "us" or "CS") or a third party agent of CS, and other websites, apps, and services where these Terms of Use are posted (the "Sites"). The Sites include, without limitation, the services offered on or in connection with the Curiosity Stream (https://curiositystream.com/), Curiosity U ( https://www.onedayu.com/), and Learn25 ( https://www.learn25.com/) websites and any related mobile applications or platforms. These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.

YOUR AFFIRMATIVE ACT OF (1) PURCHASING A SUBSCRIPTION ON THE SITES, MAKING ANY OTHER TYPE OF PURCHASE ON THE SITES, OR OTHERWISE USING THE SITES (EXCEPT FOR THE LIMITED PURPOSE OF READING THESE TERMS OF USE, OUR PRIVACY POLICY, OR OTHER LEGAL DOCUMENTS OR NOTICES PRESENTED TO YOU ON THE SITES) OR (2), IF YOU ARE A USER BASED IN GERMANY, ACCEPTING THE TERMS OF USE, SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT PURCHASE A PAID SUBSCRIPTION OR OTHERWISE USE THE SITES.

IMPORTANT NOTICE : PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 18, WHICH REQUIRE ANY DISPUTES BETWEEN YOU AND CS TO BE RESOLVED ON AN INDIVIDUAL BASIS (MEANING YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY) AND INCLUDE A JURY TRIAL WAIVER. SECTION 18 ALSO PROVIDES FOR THE POSSIBILITY OF BINDING INDIVIDUAL ARBITRATION IN CERTAIN SITUATIONS, IN WHICH CASE, IN ADDITION TO PROCEEDING ON AN INDIVIDUAL BASIS, THE DISPUTE WOULD BE RESOLVED BY AN ARBITRATOR RATHER THAN IN COURT. SECTION 18 DOES NOT APPLY IF YOU ARE A USER BASED IN GERMANY. 

You understand and agree that the Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any software on the Sites. The opinions expressed on the Sites are not necessarily the opinions of CS or its employees and may or may not be totally accurate. The content provided through the Sites is for educational and informational purposes only. The Sites are not intended to provide tax, legal, accounting, financial, or any other form of professional advice.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies ("Additional Terms"), and we may provide such additional rules to you via postings, pop-up notices, links, or any other means, or otherwise in the manner required by applicable law, at the time that you access or use the relevant area, feature or functionality and, if you are a user based in Germany, before a contract is concluded. From time to time, such additional rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Terms will control. Any reference to the "Terms of Use" in this agreement includes the Additional Terms.

1. Ownership of the Sites

The Sites contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights and/or other intellectual property or proprietary rights owned by CS and other individuals or entities and is protected by United States and international intellectual property laws.

2. Use of CS Content

WE ARE PROVIDING YOU WITH ACCESS TO THE SITES PURSUANT TO A LIMITED, NON-EXCLUSIVE, NON-SUB-LICENSABLE, NON-TRANSFERABLE, AND REVOCABLE LICENSE. UNDER THIS LICENSE, YOU MAY USE THE SITES AND THE CONTENT SOLELY FOR PERSONAL, NON-COMMERCIAL PURPOSES, AS SET FORTH IN THESE TERMS. More specifically, you may use the Sites and the Content for, and only for, (i) your personal use or (ii) bona fide educational purposes in a classroom or academic setting. In either case, CS authorizes you to view a single copy of the Content as made available on the Sites. 

For avoidance of doubt, under no circumstances may the Sites or Content be used (i) in or for any commercial or for-profit manner or purpose or (ii) for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law. You understand and agree that by accepting these Terms of Use, you are representing to CS that you are agreeing to the specific provisions herein, and that you understand and accept how we collect, use, and disclose your personal information and/or other information concerning your use of the Sites pursuant to our Privacy Policy (seeSection 15). You further understand and agree that CS is justifiably relying on your representation in order to provide you access to the Sites. If you do not agree to these Terms of Use and the practices described in our Privacy Policy, DO NOT USE THE SITES, PURCHASE A SUBSCRIPTION OR OTHER PRODUCT, AND/OR PROVIDE US WITH ANY PERSONAL INFORMATION. If you later take legal action inconsistent with your representations, you understand and agree that such action will constitute evidence that your representations to CS were false when they were made to CS, and that your representations were made to defraud CS. Use of the Sites for the foregoing purposes is strictly prohibited, exceeds the parameters of the license set forth in this section, and, as such, constitutes a breach by you of these Terms of Use. You further understand and agree that in such circumstances, CS can elect to void this agreement, without prejudice to CS's ability to seek damages, expressly including CS's attorneys' fees, from you resulting from your breach of these Terms of Use and/or the fraudulent conduct described above. Further, such use of the Sites is not authorized under the Computer Fraud and Abuse Act, and we reserve the right to bring legal action against you in connection with any such violations. 

You may not either directly or through use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale of, create derivative works of, or in any way exploit the Content of these Sites or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including CS's servers, computer network, or user accounts.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms of Use, your permission to use the Content automatically terminates.

3. Video Content on the Sites 

The primary purpose of the Sites is to make available to consumers educational, informational and entertainment video content, audiovisual content, and content of a like nature (collectively, the "Video Content"). In connection with our provision of Video Content, the Sites may utilize online targeting technologies and code-based tools, including but not limited to social media pixels, Software Development Kits ("SDKs"), and cookies (i.e., advertising or analytics cookies) that track information about your activity and webpage-viewing history on the Sites (collectively, "Targeting Tools") in order to recommend, both on the Sites and on third-party sites, tailored Video Content and to gauge performance of Video Content, the Sites and CS in general. 

Targeting Tools on the Sites may result in information about your activity on the Sites being transmitted from your browser to CS and third parties, which, in turn, may result in the display of targeted advertisements on third-party websites and platforms, including advertisements for CS content. You hereby acknowledge and agree that our use of certain Targeting Tools is integral to our provision of Video Content and to fulfill the purpose of your subscription, and is done in the "ordinary course of business," as defined in the Video Privacy Protection Act (18 U.S.C.A. § 2710) ("VPPA"). Without limiting the foregoing, you further understand and agree that, when you visit a particular webpage on the Sites that contains Video Content, the fact that you visited that particular webpage is distinct from whether you requested or obtained specific Video Content on such webpage. Thus, you understand and agree that, for the purposes of the VPPA and any similar laws, rules, or regulations, CS is not disclosing whether you have requested or obtained specific video materials or services from CS by virtue of CS's using Targeting Tools that share information with third parties as to whether you have viewed particular webpages on the Sites. 

In addition, whether Targeting Tools on the Sites result in your browser's transmission of information to third parties depends on a number of factors that may be outside of CS's knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of those third-party websites. AS SUCH, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF TARGETING TOOLS ON THE SITES RESULT IN YOUR BROWSER'S TRANSMISSION OF INFORMATION TO THIRD-PARTY WEBSITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A "KNOWING DISCLOSURE" OF "PERSONALLY IDENTIFIABLE INFORMATION" BY CS UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST CS BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.) ("CIPA"), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

4. Trademark Rights

The names, trademarks, service marks, and logos of CS belong exclusively to CS and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and other intellectual property laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. Use of these trademarks in an infringing manner is expressly prohibited and nothing stated or implied on the Sites confers on you any license or right under any trademark of CS or any third party.

5. Subscriptions, Billing, and Cancellation

A. Paid Subscriptions . Many aspects of the Sites and the services offered thereon require payment before they can be accessed or used ("Paid Subscriptions"). While Paid Subscription options will vary from time to time, they will require you to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to you prior to purchase (the "Subscription Period").

Your Paid Subscription will typically be subject to Additional Terms presented to you prior to purchase. Importantly, Paid Subscriptions typically will not provide access to all services owned and operated by CS. By way of example, a Paid Subscription offer presented on the Curiosity Stream website usually will not entail access to Curiosity University content or services. Please carefully review the terms of the applicable offer before registering for a Paid Subscription. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By registering for a Paid Subscription, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars (USD).

B. Auto-Renewal and Cancellation . The subscription fee for a Paid Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after your initial Subscription Period, and again after any subsequent Subscription Periods, you will automatically be billed for an additional period of the same length. For example, if you select a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your subscription.

You may cancel your subscription at any time by logging into your account on the Sites or contacting us at help@curiositystream.com. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, you will have continued access to the applicable content and/or services for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by CS.

C. Free Trials . On certain occasions, CS may offer free trials of its paid services. If we offer you a free trial, the specific terms of the free trial will be stated on the relevant portion of the Sites or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the terms of the free trial, it will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your subscription at anytime by logging into your account or contacting us at  help@curiositystream.com . The free trial offer terms will present the details of the free trial and the Paid Subscription that will result absent cancellation.

D. Third-Party Terms, Promotions and Gift Cards . On certain occasions, you may acquire your Paid Subscription or be offered access to the Sites and/or the Content by an agreement between CS and a third-party, such as your cable operator or television provider. In such cases, separate terms and conditions with such third party may apply to your use of the Sites in addition to these Terms of Use. If you purchase a Paid Subscription using a code, gift card, or other such offer provided or sold by or on behalf of CS for access to a Paid Subscription, the CS Gift Subscription Terms, available at https://curiositystream.com/giftterms, will apply. If you are a user based in Germany, these Terms will be brought to your attention before a contract is concluded.

E. Content Bundles . From time to time, we may offer Curiosity Stream subscriptions bundled with other subscription services ("Content Bundles"). Content Bundle offers, including content partners, are subject to change and may be modified or terminated at any time. Access to third-party subscriptions, products, and services is provided separately by respective content partners and governed by terms of use issued by those third parties. We are not responsible for the products and services provided by such third parties. Some Content Bundles may have additional conditions and limitations, including geographic or territorial restrictions, which will be disclosed at the time of purchase. If you choose to purchase a Content Bundle, certain information about you such as your name and email address may be shared with content partners, who may contact you about your subscription or offers or services that may be of interest to you. Curiosity Stream is not responsible for the content of such third-party communications.

6. Other Transactions

Certain areas of the Sites may permit users to purchase products or services on a non-subscription basis, including physical merchandise. By using the Sites, you agree to provide current, complete and accurate purchase information for all purchases made on the Sites. You further agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, as applicable, so that we can complete your transactions and contact you as needed.

CS reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will notify you by contacting the email and/or billing phone number provided at the time the order was made, stating the relevant reasons.

Certain products or services displayed on the Sites may have limited quantities and may not always be available. Purchase of our products for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by unauthorized dealers, resellers, or distributors, and to cease doing business with any such customers, with no further notice.

We strive to display the colors and other features of our products that appear on the Sites as accurately as possible, but we cannot guarantee that your computer monitor's display of any of colors or other features will always be accurate.

More generally, we do not warrant that the quality of any products purchased or obtained by you will meet your expectations. If a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to seek to return the product under the terms of the applicable return policy, if any. All decisions related to returns will be made by CS, in its sole discretion. Some jurisdictions do not allow the exclusion of certain warranties. For users based in Germany, please see the specific terms set out in Section 22 under "Remedies").

7. Product and Service Descriptions, Availability, and Pricing

CS strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability. The prices displayed on the Sites are quoted in USD and are subject to change without notice insofar as permitted under applicable law. To the extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice. For users based in Germany, please see the specific terms set out in Section 22 under "Transactions".

8. License Grant for Your Content

If you make any submission to or communications on the Sites ("Submissions"), you automatically grant, or warrant that you and/or the owner of such content has expressly granted CS, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. CS may sublicense its rights through multiple tiers of sublicenses.

You agree that CS shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with these Terms of Use. CS shall have the right , where permitted by applicable law, to edit, move, delete, or refuse to post any Submissions for any reason, including violation of these Terms of Use. Notwithstanding this right of ours, users shall remain solely responsible for the content that they share on or through the Sites. You acknowledge that, once published, we cannot always remove your content. 

Further, Submissions have not necessarily been reviewed or approved by CS, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in Submissions belong to the users who shared the content and not to CS. Your reliance on any Submissions is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any Submissions, including your reliance on any such content.

Submissions shall not be deemed confidential and CS shall not have any obligation to keep any such material confidential. CS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

9. Age Limitation

The Sites are not intended for use by persons under the age of 13, or under the age of 18 for EU (European Union) visitors. CS does not knowingly collect information from visitors under the age of 13, or 18 in the EU, and in the event that we learn that a person under the age of 13, or 18 for the EU, has provided CS with personal information, we will delete such personal information. If you are 13 years of age or older but under the age of majority in your jurisdiction of residence, you may only use the Sites with the permission and involvement of a parent or legal guardian who has agreed to these Terms of Use on behalf of both himself/herself and you.

10. User Conduct

By using the Sites, you agree to not use the Sites in any manner that:

  • Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
  • Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
  • Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • Consists of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Causes CS to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or  bigoted or insensitive (whether racially, ethnically, or otherwise), as determined by CS in our sole discretion;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof or otherwise exploits the services or any software or content therein, except as expressly permitted by us or as permitted under applicable law;
  • Violates, or encourages anyone to violate these Terms of Use or the Privacy Policy; or
  • Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

Notwithstanding the foregoing restrictions, nothing in this section or otherwise in these Terms of Use shall prohibit or restrict your ability to (i) make any statement protected by Cal. Civ. Code § 1670.8; (ii) engage in a "covered communication" as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or other similar analysis (collectively, "Reviews") about CS, its employees or agents, the Content, or its products or services, to the extent that such Reviews are protected by applicable law.

11. Disclaimer of Warranties

EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO WARRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCRIPTIONS APPLY (PLEASE SEE SECTION 22 UNDER "WARRANTY AND REMEDIES FOR LACK OF CONFORMITY OF PAID SUBSCRIPTIONS"), THE FOLLOWING APPLIES: THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." CS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. CS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

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

12. Limitation of Liability

EXCEPT FOR USERS BASED IN GERMANY, WHERE THE SPECIFIC TERMS WITH RESPECT TO LIMITATION OF LIABILITY APPLY (PLEASE SEE SECTION 22 UNDER "LIMITATION OF LIABILITY"), THE FOLLOWING APPLIES: To the extent permitted by applicable law, CS, its partners, sponsors, advertisers, agents or licensors, and any third parties mentioned on the Sites shall not be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not CS is advised of the possibility of such damages. CS is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content.

In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of CS, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, CS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CS IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY CS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

13. Passwords and Account Creation

To access certain portions of the Sites, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.

Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. CS reserves the right to access and disclose in accordance with applicable law any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

14. Indemnification

You agree to defend (at CS's option), indemnify, and hold CS harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms of Use. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

15. Privacy

We collect personal information on the Sites, which is subject to the terms of our Privacy Policy, which is available here (https://curiositystream.com/privacy) and is hereby incorporated by reference into these Terms of Use.

16. Links to External Sites

The Sites may contain links to other websites. We do not control and are not responsible for the content or availability of these external sites nor do we endorse the activities or services provided by these websites. Insofar as permitted by applicable law, under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Accessing third-party websites from our Sites is done entirely at your own risk.

17. Choice of Law

You agree that the laws of the United States and the State of Maryland govern these Terms of Use and any claim or dispute that you may have against us, without regard to Maryland's or any other jurisdiction's conflict of laws rules.

This does not deprive consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of a choice of law, would have been applicable (e.g., consumer laws of the consumer's state of habitual residence). Thus, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.

18. Dispute Resolution

If there is any controversy, claim, action, or dispute between you and CS arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them ("Dispute"), even if that Dispute arose prior to the Effective Date of these Terms of Use, you and CS agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 18. THIS SECTION 18 DOES NOT APPLY IF YOU ARE A USER BASED IN GERMANY (PLEASE SEE SECTION 22 UNDER "CHOICE OF FORUM" REGARDING GERMAN-SPECIFIC TERMS).

  1. Informal Dispute Resolution 

In the event of any Dispute, you and CS agree to first attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Specifically, the party with the complaint (the "Complaining Party") shall send written notice to the other party (the "Receiving Party") describing the facts and circumstances of the Dispute (each such notice being a "Dispute Notice"). 

All Dispute Notices must: (1) be personally signed by the Complaining Party; (2) include the Complaining Party's name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party's individualized claim, (4) include any documentation in the Complaining Party's possession or control (including, without limitation, documentation that is in the possession of a third party which is accessible to you) supporting the Complaining Party's position in the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and CS. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.  

Dispute Notices shall be sent:

  • To CS: You must send notice (1) by electronic mail to help@curiositystream.com and (2) by first-class or certified mail to Curiosity Inc., 8484 Georgia Ave., Suite 700, Silver Spring, MD 20910, Attn: Legal
  • To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). 

You and CS will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the "Informal Negotiation Period"). During the  Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and CS (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. CS will participate in the Conference through one or more representatives, which may include our counsel. 

Both you and CS agree that the foregoing informal dispute resolution procedures (the "Informal Resolution Process") is a condition precedent that must be satisfied before initiating any litigation or arbitration against the other party. If any aspect of the Informal Resolution Process has not been satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any litigation or arbitration and (ii) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.  

  1. Individual Litigation 

If, at the end of the Informal Negotiation Period (and not before), and only after the completion of the Conference, the Dispute has not been resolved, then the Dispute shall be resolved by a court located in the state of Maryland, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any Disputes. 

YOU AND CS FURTHER AGREE TO BRING AND MAINTAIN ANY SUCH LITIGATION SOLELY ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND CS HEREBY AGREE NOT TO ENGAGE IN ANY LITIGATION AGAINST THE OTHER AS PART OF A CLASS ACTION OR OTHERWISE IN A CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. FURTHER, YOU AND CS EACH HEREBY WAIVES THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY SUCH LITIGATION.   

  1. Individual Arbitration

IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT SECTION 18.B OF THESE TERMS (INDIVIDUAL LITIGATION) IS INVALID OR UNENFORCEABLE, YOU AND CS AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms of Use), before one arbitrator to be mutually agreed upon by both parties. Notwithstanding any other provision of these Terms, the arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the "Minimum Standards") if, and only if, it is determined by JAMS that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.  

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable. For the avoidance of doubt, you and CS agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

  1. Small Claims and Intellectual Property Rights 

Notwithstanding any other provision in these Terms of Use, either you or CS may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits (so long as (a) any such claim is brought and maintained on an individual basis and (b) the action is litigated in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as any such claim is brought and maintained on an individual basis). Both parties understand and agree that either party may elect to resolve as much of a Dispute within the jurisdictional limits of a small claims court as possible, even if such small claims court would not have the authority to award a party all the relief it is requesting.  For example, if a party's claim for monetary damages falls within the jurisdictional limits of a small claims court with jurisdiction over the parties, either party may elect to resolve this aspect of a Dispute in such small claims court, even if such court could not issue any injunctive relief requested by a party.  In addition, nothing in these Terms of Use prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). 

19. Modification & Termination

We reserve the right to modify these Terms of Use at any time. When we do so, we will update the "Effective Date" above and/or provide notice to users by any other means we deem reasonable, in our sole discretion. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms of Use, as modified. You agree that, to the extent permitted by law, any changes to these Terms of Use shall apply retroactively. The preceding provision regarding modification does not apply if you are a user based in Germany (please see Section 22 under "Modification" regarding German-specific terms).

We may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion.

We shall have the right to immediately terminate these Terms of Use and your use of the Sites in the event of any breach by you of these Terms of Use. The preceding provision regarding termination does not apply if you are a user based in Germany (please see Section 22 under "Termination" regarding German-specific terms).

The provisions of Sections 1, 2 (excluding the license grant to you), 3, 4, 5, 8, 11, 12, 14, 16, 17,18, 19, and 20 shall survive termination of these Terms of Use, as well as (insofar as permitted by applicable law) any other sections of these Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of these Terms of Use.

20. Miscellaneous

A. No waiver . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If CS does not exercise or enforce any legal right or remedy which is contained in these Terms (or which CS has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of CS's rights, and all such rights or remedies shall still be available to CS.

B. Severability . If any provision of these Terms of Use is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

C. Entire Agreement . These Terms of Use, including any Additional Terms, set forth the entire understanding and agreement between us with respect to your use of the Sites.

D. Assignment . You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. This clause D. does not apply if you are a user based in Germany (please see Section 22 under "Assignment" regarding German-specific terms).

E. No relationship . These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and CS.

F.  Notice to California Residents . You may reach CS at the contact information provided below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Contacting CS

If you have any questions about these Terms of Use, please contact us at the following address:

CuriosityStream Inc.8484 Georgia Ave., Suite 700Silver Spring, MD 209101-844-778-8999help@curiositystream.com

22. GERMANY-SPECIFIC DISCLOSURES

Notwithstanding the previous provisions of the Terms of Use, the following provisions shall prevail for users based in Germany:

  • Online Dispute Resolution. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
  • Choice of Forum. In deviation from Section 18, any dispute between the parties will be resolved by the competent court of the place where you have your residence or elective domicile.
  • Remedies. In deviation from Section 6, if a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, you may have remedies available to you. Please contact us at help@curiositystream.com.
  • Transactions. In deviation from Section 7, we reserve the right to change service descriptions, images, and references and to limit the availability of products or services, but changes will not affect any order for products or services you have already purchased.
  • Modification. In deviation from Section 19, we reserve the right to modify these Terms of Use at any time, for example, to comply with a changed or new legal situation, a change in the scope of the services provided, or regulatory gaps that have come to light. We will indicate the effective date. Any changes to the Terms of Use will only apply to orders placed on or after the effective date of the updated Terms of Use. In this respect, the version of the Terms of Use in force and made available at the time of the order shall prevail. Amendments to the Terms of Use which shall apply to ongoing services are only made in accordance with the following requirements: Amendments to these Terms of Use shall be offered to you in text form no later than two (2) months before their proposed date of entry into force. If you have agreed to communicate by electronic means with us, the amendments may also be presented electronically. You may either agree to or reject the amendments prior to their proposed date of entry into force. Insofar as the changes only concern the implementation of new regulatory requirements, requirements of case law with regard to these Terms of Use, or reformulation of the Terms of Use without affecting a main service obligation (e.g. fees to be paid), you shall be deemed to have given your consent if you have not indicated your rejection before the proposed date of entry into force of the changes. We shall specifically draw your attention to this effect of approval in our offer. If changes are offered to you, you may also terminate the contract without notice and free of charge before the proposed date of entry into force of the changes. We shall specifically draw your attention to this right of termination in our offer.
  • Termination. In deviation from Section 19, we may terminate the account and your use of the Sites for convenience with one (1) week's prior notice. You are entitled to terminate your use of the Sites and the services with no prior notice, at any moment and for any reason. You may cancel your subscription at any time by logging into your account on the Sites or contacting us at help@curiositystream.com. Either Party's right to terminate for good cause remains unaffected. We shall be entitled to terminate the services for good cause in particular in the following cases: (i) addressing security issues, (ii) preventing abuse, or (iii) complying with any laws, rules or regulations, or legal or judicial orders. When terminated, you shall refrain from using the Sites and from making them available to third parties.
  • Warranty and Remedies for Lack of Conformity of Paid Subscriptions. In deviation from Section 11, access to the Sites is permitted on a temporary basis and we may limit or terminate access to them at any time without any notice. We will not be liable if is the Sites are unavailable at any time or for any period. We are liable for a lack of conformity of Paid Subscriptions in accordance with the statutory requirements. In the case of a lack of conformity of the services provided through the Sites in the context of Paid Subscriptions, you shall be entitled to have the services brought into conformity within a reasonable time from the time we have been informed by you about the lack of conformity, free of charge. Such remedy may be requested by you, unless this would be impossible or would impose costs on us that would be disproportionate, taking into account all the circumstances of the case including: (i) the value the services would have if there were no lack of conformity; and (ii) the significance of the lack of conformity.

Where (i) the remedy above is impossible or disproportionate; (ii) we have not brought the services into conformity in accordance with the paragraph above; (iii) a lack of conformity appears despite our attempt to bring the services into conformity; (iv) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the Terms of Use; or (v) we have declared that we will not bring the service into conformity within a reasonable time, or without significant inconvenience for you, you are entitled to receive a proportionate reduction in the price with reference to Paid Subscriptions or to terminate the Terms of Use as described above under "Termination". The reduction in price shall be proportionate to the decrease in the value of the services which were supplied to you compared to the value that the services would have if they were in conformity. The reimbursement of the above reduction shall be made by us (i) without undue delay and, in any event, within 14 days of the date on which we are informed of your decision for a price reduction according to the above or to terminate the Terms of Use and (ii) using the same means of payment as you used to pay for the Paid Subscription, unless you expressly agree otherwise and provided that you not incur any fees as a result of such reimbursement.

  • Limitation of Liability. In deviation from Section 12, unless otherwise stated in these Terms of Use, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.

In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g., due care in own affairs; insignificant breach of duty) only

a. for damages arising from injury to life, body, or health (i.e., death or personal injury); and

b. for damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.

These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk.

Furthermore, any mandatory statutory liability, in particular under the German Product Liability Act, shall remain unaffected. The limitations of liability resulting from this section shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault CS is responsible in accordance with statutory provisions.

  • Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. In deviation from Section 20.D., we may assign, transfer, or sublicense any or all of our rights or obligations under these Terms to third parties; in such a case, assignment shall be duly notified to you (and shall be valid from the date of notification) and the third-party assignee shall grant at least the same rights as those granted by us.