Last Modified on
April 24, 2009
PLEASE READ THESE
TERMS OF SERVICE CAREFULLY; THIS IS A BINDING CONTRACT.
Your
Acceptance
Welcome
to the Curse, Inc. (“Curse”) website network and the products and
services offered by Curse through the Curse website network (collectively,
including all Content (defined below) available through the Curse.com
domain name and the Curse website network, the "Curse Websites",
or "Websites"). This Terms of Service (“Terms of Service”)
describes the terms and conditions applicable to your access and use
of the Websites.
BY
USING AND/OR VISITING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE
READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO
BE BOUND BY THESE TERMS OF SERVICE AND THE TERMS AND CONDITIONS OF Curse's
PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.curse.com/content/privacypolicy.aspx.
AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you agree to these Terms
of Service, then you may use the Curse Websites. If you do not agree
to any of these terms, then please do not use the Curse Websites.
1. Access to Websites
- Curse permits
you to view and use a single copy of the Websites for your personal,
non-commercial use, provided you comply with the terms and conditions
of these Terms of Service. You agree not to license, create derivative
works from, transfer, sell or re-sell any information, content, or services
obtained from the Websites.
- The terms
and conditions contained in these Terms of Service may not be the only
terms that apply to certain activities or transactions you may conduct
on the Websites. Should you choose to subscribe to our premium
services, you must also agree to the Premium Subscription Additional
Terms of Service http://www.curse.com/content/premiumtos.aspx.
- In order
to access some features of the Websites, you will have to create an
account. You must be at least 18 years of age to register an account.
Minor children may only access account-related features using a parent
or guardian’s account so long as the parent or guardian consents and
accepts full responsibility for the conduct of the child. When
creating your account, you must provide accurate and complete information.
If your contact information changes, you agree that you will promptly
update the Account information to reflect those changes. You are solely
responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify Curse immediately
of any breach of security or unauthorized use of your account. Although
Curse will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Curse or others
due to such unauthorized use.
- Curse permits
you to link to materials on the Websites for personal, non-commercial
purposes only. In addition, Curse may now or in the future provide an
"Embeddable Player” feature, which you may incorporate into your
own personal, non-commercial websites for use in accessing the materials
on the Websites, provided that you include a prominent link back to
the Curse websites on the pages containing the Embeddable Player. Curse
reserves the right to discontinue any aspect of the Curse Websites at
any time.
Restrictions
on Use
- You may
not connect to or use the Websites in any way not expressly permitted
by this Terms of Service. Without limiting the foregoing, you
agree that you will not (i) institute, assist, or become involved in
any type of attack, including without limitation denial of service attacks,
upon the Websites or otherwise attempt to disrupt the Websites or any
other person's use of the Websites; (ii) use or launch any automated
system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Websites in a manner
that sends more request messages to the Curse servers in a given period
of time than a human can reasonably produce in the same period by using
a convention on-line web browser; (iii) attempt to gain unauthorized
access to the Websites, accounts registered to other users, or the computer
systems or networks connected to the Websites; (iv) copy or distribute
any part of the Websites in any medium without Curse's prior written
authorization; (v) alter or modify any part of the Websites other than
as may be reasonably necessary to use the Websites for its intended
purpose; (vi) collect or harvest any personally identifiable information,
including account names, from the Websites, nor to use the communication
systems provided by the Websites for any commercial solicitation purposes;
(vii) frame or utilize framing techniques to enclose the Websites or
any portion thereof without our prior written consent (which consent
may be withheld in our sole discretion); (viii) circumvent, disable
or otherwise interfere with security related features of the Websites
or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Websites or the Content therein; (ix)
solicit, for commercial purposes, any users of the Websites with respect
to their User Submissions; (x) “stalk” or harass any person or entity;
or (xi) violate any applicable law, rule or regulation.
Intellectual
Property Rights
The
content on the Curse Websites, except all User Submissions (as defined
below), including without limitation, the text, software, add-ons, scripts,
graphics, photos, sounds, music, videos, interactive features and the
like and the trademarks, service marks and logos contained therein (collectively,
“Content"), are owned by or licensed to Curse, subject to copyright
and other intellectual property rights under United States and foreign
laws and international conventions. Content on the Websites is provided
for your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. Curse reserves all rights
not expressly granted in and to the Websites and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the
Websites for any commercial purposes. If you download or print
a copy of the Content for personal use, you must retain all copyright,
trademark and other proprietary notices contained therein.
User
Submissions
- The Curse
Websites may now or in the future permit the submission of content,
including, without limitation, bulletin board postings, forum postings,
artwork, photos, writings, illustrations, music, audio, sound effects,
video, sketches, graphics, audio-visual works, software, code and algorithms,
by you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Curse does
not guarantee any confidentiality with respect to any such submissions.
- You shall
be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you own or have the
necessary licenses, rights, consents, and permissions to use and authorize
Curse to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated
by the Websites and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Websites and
these Terms of Service.
- By submitting,
posting or displaying User Submissions on, to, or through Curse Websites
(or its successors and affiliates), you grant Curse, Inc. a worldwide,
non-exclusive, transferrable, royalty-free right to use, reproduce,
distribute, display, perform, make derivative works of (except with
regard to Submitted Add-Ons), transmit or otherwise utilize such User
Submissions on Curse Websites (or its successors and affiliates).
In addition to the foregoing, you grant Curse the right to syndicate
User Submissions and use User Submissions in connection with any service
offered by Curse, Inc. With regard to User Submissions known as “add-ons”
(“Submitted Ad-Ons”), the aforementioned rights granted by you terminate
once you remove or delete such Submitted Add-Ons from Curse Websites.
You also acknowledge that Curse, Inc. may retain, but not display, distribute,
or perform, server copies of Submitted Add-Ons that have been removed
or deleted. You acknowledge that the rights granted to Curse to
User Submissions other than Submitted Add-Ons are perpetual. In
addition you acknowledge and grant users of the Curse Websites a non-exclusive
license to access your User Submissions through the Curse Websites (or
its successors and affiliates) and to use such User Submissions as applicable
by their respective licenses.
- In connection
with User Submissions, you further agree that you will not: (i) submit
material that is subject to third party copyright, trade secret, trademark,
patent or other proprietary rights, including privacy and publicity
rights, unless you have permission from their rightful owner to post
the material and to grant Curse all of the license rights granted herein;
(ii) otherwise submit any User Submission that you do not have the right
to submit under any law or under contract or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements); (iii) publish falsehoods or misrepresentations that could
damage Curse or any third party; (iv) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that
would be considered a criminal offense, give rise to civil liability,
violate any law, harms minors in any way or is otherwise inappropriate,
as determined by Curse in its sole discretion; (v) post advertisements
or solicitations of business or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation; (vi)
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any User Submission; (vii) use a false, e-mail address,
impersonate any other person or entity or otherwise misrepresent your
affiliation with a person or entity or otherwise be misleading regarding
the origin of any User Submission submitted by you; or (viii) act in
any manner that negatively affects other users' ability to use the Websites.
- Curse does
not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and Curse expressly disclaims any and all liability
in connection with User Submissions. Curse reserves the right to remove
Content and User Submissions with or without prior notice for any reason
or no reason at all. Curse will also terminate a User's access to its
Websites, if they are determined to be a repeat infringer. A repeat
infringer is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the Websites
more than twice. Curse also reserves the right to decide whether Content
or a User 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, pornography,
obscene or defamatory material, or excessive length. Curse may remove
such User 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. We also reserve the right,
at all times and in our sole discretion, to disclose any User Submissions
for any reason, including without limitation (a) to satisfy any applicable
law, regulation, legal process or governmental request; (b) to enforce
the terms of this or any other agreement; (c) to protect our legal rights
and remedies; (d) where we believe someone’s health or safety may
be threatened; or (e) to report a crime or other offensive behavior.
- You understand
that when using the Curse Websites, you will be exposed to User Submissions
from a variety of sources, and that Curse is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge
that you may be exposed to User 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
Curse with respect thereto.
Notice of Claims of Copyright
Infringement
- If you are
a copyright owner or agent thereof and believe that content posted on
the Websites infringes upon your copyright, please submit notice, pursuant
to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our
Copyright Agent with the following information:
(a)
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright; (b) a description of the copyrighted
work that you claim has been infringed;
(c)
the URL of the location on our website containing the material that
you claim is infringing;
(d)
your address, telephone number, and email address;
(e)
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(f)
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
- Our Copyright
Agent can be reached by mail at: Curse, Inc.,
351 California street, San Francisco CA 94104. ATTN: Curse, Inc.
Copyright Agent. by fax at +1 415 856 0062 or email at contact@curse.com.
Please note that attachments cannot be accepted at the email address
for security reasons. Accordingly, any notification of infringement
submitted electronically with an attachment will not be received or
processed.
Third Party Websites
These
Terms of Service apply to all users of the Curse Websites, including
users who are also contributors of video content, information, and other
materials or services on the Websites. The Curse Websites may contain
links to third party websites that are not owned or controlled by Curse.
Curse has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition,
Curse will not and cannot censor or edit the content of any third-party
site. By using the Websites, you expressly relieve Curse from any and
all liability arising from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave the Curse Websites and to
read the terms and conditions and privacy policy of each other website
that you visit.
Warranty Disclaimer
THE
WEBSITES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. CURSE MAKES NO WARRANTY
AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE
THROUGH THE WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION
BEFORE RELYING ON IT. USE OF THE WEBSITES AND/OR THE CONTENT AND USER
SUBMISSIONS AVAILABLE ON THE WEBSITES IS AT YOUR SOLE RISK. CURSE
DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITES
OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITES WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CURSE DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CURSE
WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND CURSE 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.
Because
some states or jurisdictions do not allow the disclaimer of implied
warranties, the foregoing disclaimer may not apply to you.
Limitation
of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, CURSE, ITS PARENT COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND BUSINESS PARTNERS (COLLECTIVELY,
THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, EVEN
IF CURSE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE
LIABILITY OF CURSE OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT
YOU PAID TO CURSE OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO
THE TIME YOUR CAUSE OF ACTION AROSE.
Because
some states or jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in such states
or jurisdictions, the liability of Curse and its affiliates shall be
limited to the fullest extent permitted by law.
Location
The
Websites are controlled and offered by Curse from its facilities in
the United States of America. Curse makes no representations that the
Curse Websites are appropriate or available for use in other locations.
Those who access or use the Curse Websites from other jurisdictions
do so at their own volition and are responsible for compliance with
local law.
Indemnity
You
agree to defend, indemnify and hold harmless Curse and the Related Parties
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 Curse Websites;
(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 User Submissions caused damage to any third party. This defense
and indemnification obligation will survive these Terms of Service and
your use of the Curse Websites.
Children
The
Websites are not directed toward children under 13 years of age nor
does Curse knowingly collect information from children under 13. If
you are under 13, please do not submit any personally identifiable information
Curse.
Assignment
These
Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Curse
without restriction.
Equitable
Remedies
You
hereby agree that Curse would be irreparably damaged if the terms of
these Terms of Service were not specifically enforced, and therefore
you agree that we shall be entitled, without bond, other security, or
proof of damages, to appropriate equitable remedies with respect to
breaches of the Terms of Service, in addition to such other remedies
as we may otherwise have available to us under applicable laws.
General
You
agree that: (i) the Curse Websites shall be deemed solely based in California;
and (ii) the Curse Websites shall be deemed passive websites that does
not give rise to personal jurisdiction over Curse, either specific or
general, in jurisdictions other than California. These Terms of Service
shall be governed by and construed in accordance with the laws of the
State of California, United States of America without regard to its
conflict of law rules. Any legal proceeding arising out or relating
to this Agreement will be subject to the exclusive jurisdiction of the
State and Federal courts of San Francisco County, California and you
irrevocably consent to the jurisdiction of such courts. You further
agree not to bring claims on a representative, class member basis, or
as a private attorney general. The UN Convention on Contracts for the
International Sale of Goods is expressly disclaimed. The failure
of Curse to exercise or enforce any right or provision of this Terms
of Service shall not constitute a waiver of such right or provision.
If any provision of this Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of this Terms of Service
remain in full force and effect. These Terms of Service, together
with the Privacy Policy at http://www.curse.com/content/PrivacyPolicy.aspx, the Premium Subscription
Additional Terms of Service http://www.curse.com/content/premiumtos.aspx (if applicable to you) and
any other legal notices published by Curse on the Websites, shall constitute
the entire agreement between you and Curse concerning the Curse Websites.
Curse reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these Terms
of Service for any changes at http://www.curse.com/content/Termsofservice.aspx. Your use of the Curse Websites
following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND CURSE AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CURSE WEBSITES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
