PREMIUM SERVICES ADDITIONAL TERMS OF SERVICE
Last Modified on December 15, 2015
Welcome to CURSE! Curse, Inc. (referred herein as “Curse,” “we,” “our,” or “us”) provides 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.
1. Premium Service Updates
Curse may revise this Premium TOS (by a writing signed by Curse or by publishing such revised Premium TOS to http://www.curse.com/premiumterms) 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. If there is a dispute regarding your payment of fees, or the Premium Service, Curse shall have the right to terminate your account without prior notice. Unless otherwise noted, all currency references are in U.S. Dollars.
You must be at least 18 years of age to register for the Premium Service. Minor children may 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.
3. 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) 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, dependent 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.
4. 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] prior to such time 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.
5. 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. EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, 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 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. Further, you agree that Curse shall not be liable to you or any third-party for termination of your access to the Premium Service.
7. 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, unless expressly authorized in writing in the Premium Service. Curse spends a great deal of time and money to obtain the information appearing on our sites. Unless otherwise expressly authorized in writing in the Premium Service, 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 made available on or through the Premium Service, without express written permission from Curse. You agree that if you do so, Curse reserves the right to cancel your subscription immediately. Additionally, unauthorized 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.
8. 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, dependent on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, see Section 4 above.
9. 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. Any conflicts or disputes relating to this Premium TOS shall be resolved in accordance with the dispute resolution procedures in the Terms of Service.
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.
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN EFFECT.