Terms last modified on May 18, 2012.
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to the CURSE NETWORK! CURSE (referred herein as “CURSE,” “we,” “our,” or “us”) provides access to the CURSE Rewards Program (the “Rewards Program”) for certain authors of add-on applications (“Add-On Applications”) and/or add-on application libraries (“Add-On Libraries” and collectively with Add-On Applications, “Add-Ons”) that are distributed through curse.com, curseforge.com and other websites that are the part of the CURSE website network (collectively, the “Sites”) and certain other account holders of the Sites that participate in various programs offered by CURSE.
If you have any questions about the Rewards Program, please visit our FAQ at http://www.curseforge.com/wiki/knowledge-base/store/author-reward-points/. 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. Description of Rewards Program
The Rewards Program provides certain users of the Sites the opportunity to receive CURSE Rewards Points (“Points”) based upon certain metrics that CURSE determines in its sole discretion, which metrics CURSE may change from time to time in its sole discretion, with or without notice to you.
2. Rewards Program TOS Updates
CURSE may revise this Rewards Program TOS as the Rewards Program evolves. You must agree to all revisions if you choose to continue participating in the Rewards Program. By using the Rewards Program after such an update, you agree to the then-current version of this Rewards Program TOS as posted on http://www.curse.com/rewardterms/. If at any point you do not agree to any portion of the then-current version of this Rewards Program TOS, you must immediately discontinue being a member of the Rewards Program and opt-out of the Rewards Program by sending an email to [email protected] with your name and username.
You must be an individual person at least 18 years of age to register for the Rewards Program. Minor children may participate in the Rewards Program through the use a parent or guardian’s Rewards Program account so long as the parent or guardian consents and accepts full responsibility for the conduct of the child. Any entity other than individual persons are not allowed to register for the Rewards Program. To register for the Rewards Program, you must have an active, valid user account through the Sites and “opt-in” to participate in the Rewards Program. If you are part of a team of authors that has created an Add-On, you may register for the Rewards Program on behalf of your team, however, you will be solely responsible for distributing Points earned, if any, amongst your team members. CURSE shall have no responsibility over, nor incur any liability related to, the distribution of Points between you and the rest of the creators of your Add-On.
4. Earning Points
Points may be earned in a variety of manners, including, without limitation: (1) submitting Add-Ons; (2) participating in testing new features or applications available through the Sites; (3) moderating Sites forums; or (4) engaging in other activities for which points may be earned. CURSE determines, in its sole and absolute discretion: (a) how Points are earned; (b) the amount of Points earned for each particular Rewards Program activity; and (c) when such Points, if any, shall be distributed to you. CURSE expressly reserves the right to establish additional means of earning Points, to delete any or all means of earning Points, to exclude specific types of activities from those that allow points to be earned, or to terminate the Rewards Program at any time, for any reason, or no reason at all.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM DOES NOT GUARANTY THAT YOU WILL EARN ANY POINTS. CURSE MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT YOU WILL RECEIVE ANY POINTS THROUGH YOUR PARTICIPATION IN THE REWARDS PROGRAM.
5. Points Redemption
You may redeem Points through certain designated areas of the Sites in which CURSE may offer various items with assigned Point values. When you select a particular item offered through the Sites, and provided you have enough Points to acquire that item, the Points in your account will be reduced by the Point value designated for such item after you have completed the ordering process. Physical products that you have ordered through Points redemptions will be delivered within the time period specified for the delivery method designated on the Sites. Provided you have a Paypal account and you have submitted your Paypal account information to CURSE, you may elect to redeem Points for cash. Cash redemptions are only available for 2000 Points or more. Should you elect to redeem your Points for cash, CURSE will make a payment to your Paypal account in the cash amount redeemed within sixty (60) days from the date of redemption. All cash redemptions will be paid in US Dollars. Information regarding the conversion value of Points for cash can be found at https://www.curseforge.com/store/items/17-500-usd/. All the other terms of this Section 5 with regards to item redemption apply to cash redemptions.
ALL REDEMPTIONS OF POINTS ARE DEEMED FINAL. YOU ACKNOWLEDGE AND AGREE THAT REDEMPTIONS OF POINTS ARE NOT REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL REDEMPTIONS OF POINTS THROUGH YOUR ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED REDEMPTIONS.
You must provide your current accurate taxpayer information to CURSE. You acknowledge and agree that you are solely liable for the payment of any and all taxes resulting from your redemption of Points, and you further acknowledge and agree that you will execute any documents and do any such other acts or deeds as requested by CURSE with regards to your payment of such taxes. If CURSE does not have current taxpayer information for you on file for a particular year, CURSE may refuse your redemption of Points or withhold certain amounts from your redemptions as determined by CURSE in its sole and absolute discretion.
6. Points Expiration
Points will expire on the third anniversary from the end of the month in which you earn them. For example, if you earn 10 Points in February, 2010, those 10 Points will expire if you do not redeem them prior to February 28, 2013. CURSE may, but is not obligated to, provide you an email reminder that your Points will expire to the email address you provided in creating your Rewards Program account. You are solely responsible for tracking when your Points will expire.
As between you and CURSE, CURSE owns the Sites and the Points. You hereby expressly acknowledge and agree that:
POINTS HAVE NO VALUE OUTSIDE OF THE CURSE REWARDS PROGRAM AND YOU HAVE NO CLAIM, RIGHT, TITLE, PROPRIETARY OR OWNERSHIP INTEREST IN ANY POINTS; 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 OF THE POINTS YOU HAVE RECEIVED, IF ANY, INCLUDING, BUT NOT LIMITED TO, DELETION OF POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR EXPIRATION OF POINTS PURSUANT TO SECTION 6.
8. Prohibited Activities
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Points with any individual or entity other than by (1) redeeming Points with CURSE pursuant to Section 5 above; or (2) giving Points to other CURSE account holders through the Sites. For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Points (whether or not held by accounts registered to you) outside of the Sites, through a website, or any other medium, or exchanging Points, whether inside or outside the Sites except as set forth in Section 5 above or in this Section 8, for anything of value outside the Sites.
CURSE has the right to terminate your Sites account if you violate the Terms of Service or any other CURSE policy. Additionally, CURSE may terminate your Sites account if CURSE determines, in its sole and absolute discretion that you have: (1) engaged in fraud or deceitful conduct relating to the Rewards Program; or (2) engaged in any illegal act or violated any law, regulation or policy relating to the Rewards Program.
You expressly acknowledge and agree that your participation in the Rewards Program is void where prohibited or restricted by law.
9. Disclaimer of Warranties
YOUR PARTICIPATION IN THE REWARDS PROGRAM IS AT YOUR SOLE RISK. THE REWARDS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CURSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CURSE MAKES NO WARRANTY THAT (I) THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, (II) THE REWARDS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATING IN THE REWARDS PROGRAM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REWARDS PROGRAM WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITES AND/OR REWARDS PROGRAM WILL BE CORRECTED.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURSE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM 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 REWARDS PROGRAM AND/OR THE SITE, 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 RECEIVED THROUGH REDEEMING POINTS 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/or the Related Parties shall be limited to the fullest extent permitted by law.
In addition to your indemnification obligations set forth in the Terms of Service, you agree to indemnify, defend and hold Curse and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Rewards Program TOS.
You acknowledge that CURSE, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Rewards Program 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 Rewards Program TOS or any other agreement referred to in the Rewards Program TOS. You agree that any termination of your access to the Rewards Program under any provision of the Rewards Program 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 Rewards Program. If your account is terminated by CURSE, it will not be automatically renewed and access will be terminated, without refund. . If for any reason your account is terminated by either CURSE or you, all Points in your account will be immediately forfeited. Further, you agree that CURSE shall not be liable to you or any third-party for termination of your access to the Rewards Program.
In the event of any conflict between the Terms of Service and this Rewards Program TOS, the terms and provisions of this Rewards Program TOS shall control and prevail.
We may contact you via e-mail or postal mail to provide you with information about the Rewards Program or your account or to provide you with information about special offers available only to CURSE Rewards Program participants.