CURSE, INC. TERMS OF SERVICE
Last updated September 9, 2010
PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THIS IS A BINDING CONTRACT.
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.
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 as 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.
• The Curse Websites may now or in the future permit the submission of content, including, without limitation, bulletin board postings, forum postings, guild sites, 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 the 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 the Websites if such user is 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 firstname.lastname@example.org. 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
THE WEBSITES ARE 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 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 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.
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.
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.
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 to Curse.
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.
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.