PREMIUM SERVICES ADDITIONAL TERMS OF SERVICE
Last Modified on October 2, 2012
Welcome to CURSE! Curse, Inc. & Curse, Ltd. (referred herein as CURSE, we, our, us) provide certain services that require registration and payment (the “Premium Service”)
Please note that the Premium Subscriber Additional Terms of Service has been renamed the Premium Services Additional Terms of Service. This Premium Services Additional Terms of Service hereby replaces the Curse Premium Subscriber Additional Terms of Service.
If you have any questions about your Premium Service subscription, please visit our FAQ at www.curse.com/content/premiumfaq.aspx. If you don’t find the answer to your question in our FAQ, you can e-mail us at [email protected]. Please include your name and username in all correspondence.
- Premium Service Updates
Curse may revise this Premium TOS as the Premium Service evolves. You must agree to all revisions if you choose to continue using the Premium Service. By using the Premium Service after such an update, you agree to the then-current version of this Premium TOS as posted on http://www.curse.com/premiumterms. If at any point you do not agree to any portion of the then-current version of this Premium TOS, you must immediately stop using the Premium Service and cancel your Premium Service account.
You must be at least 18 years of age to register for the Premium Service. Minor children use a parent or guardian’s Premium Service account so long as the parent or guardian consents and accepts full responsibility for the conduct of the child.
- Payment Obligation and Credit Card Authorization
You are solely responsible for paying any and all charges relating to your Premium Service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals), orders of Tokens, and any applicable taxes. You grant CURSE permission to charge your credit card (or other approved facility) to pay for all such charges. Subscription fees will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least five (5) days prior to the renewal date pursuant to the process set forth below. Orders of Tokens will be billed immediately upon completing the applicable order. When you order Tokens through WowStead.com, your order will represent an offer to us to purchase the number of Tokens you have selected, which will be accepted by us when we make the Tokens available in your account for you to use through WowStead.com or debit your credit card or other payment method, whichever comes first.
- Renewal and Cancellation of Your Subscription
If you order a subscription, you grant CURSE permission to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting www.curse.com/premium and canceling on your own or by e-mailing us at [email protected]. CURSE will cancel your account upon receipt of such notification from you.
You acknowledge that canceling your subscription will not immediately terminate access to the Premium Service. Your subscription will remain open until the paid period expires. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Service shall automatically transfer to any successors or assigns of the Premium Service for similar services at the same website. You may not assign or transfer your subscription to any other person or entity.
- Special Provisions regarding Tokens
You may participate in our Token service offering if you have a valid, active Curse.com account (an “Account”). The Token service offering is a redeemable point system (“Tokens”) which can be used to purchase guild hosting, voice and other features. Tokens are sold through ordering Tokens through Wowstead.com or submitting a pre-paid code through Wowstead.com. Information on how to purchase Tokens is available at http://www.wowstead.com/wowstead-group-payment-plan. Please note that any Tokens you obtain through a prepaid card or other prepaid method of payment will not be usable until such time as you register it online with your Account. Curse has the right to, and may, limit the amount of Tokens you can purchase or that you can maintain in your Account at any given time. Curse may also provide you with Tokens as a part of a promotion, contest, or through other means, such as through your participation in WowStead.com-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition, use or access of Tokens. You are solely responsible for verifying that the correct amount of Tokens have been added to or deducted from your Account for each WowStead.com transaction. Curse has the right to change the pricing of Tokens at any time.
Premium Service features purchased through Tokens are only acquired for a limited period of time. Such Premium Services purchased will therefore expire unless you re-purchase such Premium Services with additional Tokens prior to the applicable date of expiration. For more information on Premium Services purchasable through Tokens and the amounts of time for which they can be purchased, please visit http://www.wowstead.com/premium.
You hereby acknowledge and agree that:
YOU HAVE NO CLAIM, RIGHT, TITLE OR PROPRIETARY OR OWNERSHIP INTEREST IN TOKENS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR TOKENS; AND
CURSE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OF OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO ANY WOWSTEAD TOKENS, INCLUDING, BUT NOT LIMITED TO, DELETION OF WOWSTEAD TOKENS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Tokens except as expressly permitted by Curse. For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Tokens (whether or not held by Accounts registered to you) through any website or any other medium other than those expressly authorized by Curse, or exchanging Tokens, whether inside or outside WowStead.com to any third party for anything of value outside of WowStead.com or in the real world.
Curse reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Tokens or access thereto if Curse suspects, after investigation, that you have used any aspect of WowStead.com or any guild site hosted through WowStead.com to conduct any fraudulent or illegal activity.
Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.
- Payment Rules, Generally
Payment must be made by a credit card accepted by CURSE, PayPal, or any payment solution available on the CURSE Premium Service page. If CURSE does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Service, and you must refer to that agreement and not our Terms of Service or Premium TOS to determine your rights and liabilities as a cardholder.
CURSE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL FEES OR SEPARATE CHARGES, OR SERVICES PROVIDED BY CURSE, EFFECTIVE IMMEDIATELY AFTER AN ONLINE POSTING AT CURSE.COM. CURSE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Premium Service by going to my.curse.com/premium. However, in the case of subscriptions, canceling will not immediately terminate access to your Premium Service account. The subscription will remain open until the paid period expires.
YOUR CONTINUED USE OF THE PREMIUM SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. CURSE IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER ON OR THROUGH THE WEB SITE.
ALL FEES, CHARGES AND SALES ARE FINAL. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR THE PREMIUM SERVICE ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT CURSE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED TOKENS OR REMAINING PORTIONS OF YOUR SUBSCRIPTION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You acknowledge that CURSE, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Premium Service for a variety of reasons, including, without limitation, if CURSE believes that you have violated or acted inconsistently with the letter or spirit of the Premium TOS or any other agreement referred to in the Premium TOS. CURSE may also, in its sole discretion, at any time discontinue providing the Premium Service, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Service under any provision of the Premium TOS may be effected without prior notice, and acknowledge and agree that CURSE may immediately deactivate or delete your account and/or bar any further access to the Premium Service. If your account is terminated by CURSE, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that CURSE shall not be liable to you or any third-party for termination of your access to the Premium Service.
- Restriction of use
The material on the Premium Service is for the private, non-commercial enjoyment of Premium Service users only. Any other use is strictly prohibited. CURSE spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from CURSE. You agree that if you do so, CURSE reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
- Promotional Trial
CURSE occasionally offers promotional trial memberships to the subscription components of the Premium Service for free or at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Premium Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. CURSE will continue to bill your credit card for the Premium Service at the standard Premium Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, see Section 4 above.
- Your Information
You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Service registration process. You must promptly inform CURSE of any of the following: changes in the expiration date of any credit card used in connection with the Premium Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify CURSE immediately upon learning of any potential breach of your Premium Service account.
In the event of any conflict between the Terms of Service and this Premium TOS, the terms and provisions of this Premium TOS shall control and prevail.
We may contact you via e-mail or postal mail to provide you with information about the Service or your account or to provide you with information about special offers available only to Curse Premium Service users.