Curated Content™ Terms of Service
Effective Date: December 7, 2020.
Welcome to Curated Content! Curated Content is an esports gaming platform that allows you to participate in contests! Before using Curated Content, please take some time to carefully read our Terms of Service below (“ Terms,” or “Agreement”). These Terms constitute a binding contract between you and Curated Content.
1. Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.
2. Modification to this Agreement .
Curated Content reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Curated Content shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee. Curated Content may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. Curated Content Account
Creating Your Curated Content Account
You may view Content (as further defined below) on the App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests you are required to create an Curated Content account (“Account,” as further defined below). You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to enter any Paid Contests.
You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete.
Upon Account creation, you are required to choose a username for yourself and submit it. You may not use a username that promotes a commercial venture or a username that Curated Content in its sole discretion deems offensive. Curated Content may require you to change your username.
You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of these Terms to allow any other person to use your Account to participate in any Contest. If you discover any unauthorized use of your Account, or other known Account -related security breach, you must report it to Curated Content immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Curated Content cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Each individual user may establish only one (1) Account. For avoidance of doubt, users may not “co-own” Accounts on the Service. In the event Curated Content discovers that you have opened more than one Account, in addition to any other rights that Curated Content may have, Curated Content reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke the awarding of any prizes.
Purpose of Account
You agree that the sole and specific purpose of creating an Account on Curated Content is to participate in esports Contests. Curated Content may suspend, limit, or terminate your Account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests. In such circumstances, we may also report such activity to relevant authorities.
There are restrictions on who may have access to Paid Contests (as further defined below), and where those persons may access the Paid Contests. This Eligibility section applies to Paid Contests.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through Paid Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in any of the fifty (50) states and Washington, DC in the United States of America, excluding Arizona, Arkansas, Connecticut, Delaware, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee (the “Excluded States”) are eligible to open an Account and participate in Paid Contests.
By depositing money or entering a Paid Contest you represent and warrant that:
· you are of 18 years of age or older (or the minimum age for permissible use in your jurisdiction)
· at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Contest is not prohibited by applicable law or these Terms;
· you are not listed on any governmental list of prohibited or restricted parties;
· you will abide at all times with this Agreement and any other agreements between you and Curated Content regarding your use of the Services;
· when depositing funds or entering a Paid Contests, you are not physically located in of any of the Excluded States;
· you are not subject to backup withholding tax from any governmental authority; or
· When entering any Contest that awards prizes, you are not an Employee or Immediate Family Member of Curated Content.
Curated Content employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of Curated Content employees with whom they share a household are not eligible to participate in Contests.
If Curated Content determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Paid Contests. Curated Content may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. If Curated Content otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Curated Content may have in law or equity, Curated Content reserves the right to terminate your Account, withhold or revoke the awarding of any prizes associated with your Account, or limit your ability to withdraw funds. Curated Content also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
5. Availability of the Services
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
Curated Content may limit access, via technological means, to the Services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if the laws applicable to you result in the restriction or prohibition of your participation.
After you create an Account, you will be able to visit the App and view games available for entry (“Contests”). It is your responsibility to know and understand the rules and required entry fees for any given Contest. Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. Residents of the Excluded States are not eligible to participate in our Paid Contests.
Paid Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Contests and complete the entry process, the requisite entry fee will be debited from your Account. Once a Contest begins, all payments are final and no refunds will be issued. If a contest is cancelled prior to running, the contest entry fee is refunded to your Account.
To be eligible to enter any Contest or receive any prize, the you may be required to provide additional documentation and/or information to verify your identity as the Account holder and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Account holder, Curated Content will, in its sole and absolute discretion, utilize certain information collected by Curated Content to assist in verifying the identity and/or eligibility of such Account holder. Curated Content reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Curated Content employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Contests on Curated Content.
By entering a Contest, entrants agree to be bound by these Rules and the decisions of Curated Content, which shall be final and binding in all respects. Curated Content, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information Curated Content deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest for the following improper conduct:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Curated Content from pursuing criminal or civil proceedings in connection with such conduct.
Indemnification for Contest Entry
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Curated Content, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Curated Content may, in its sole and absolute discretion, require the Account holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
All Contests offered on the Services are contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Contest rules, scoring guidelines, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill to perform tasks or accumulate points according to the corresponding scoring rules. The Services are not intended for and may not be used for any form of illicit gambling.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer’s Account except as specifically provided in this Agreement.
Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest and all monetary winnings will be deposited directly into your Account. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Any prize notification returned as undeliverable may result in disqualification.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, Curated Content reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of Contests, Curated Content is the sole judge and its actions are final and binding.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof).
7. Deposits and Withdrawals
Creating an Account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.
To pay for such services, you must provide Curated Content with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay Curated Content the charges incurred in accordance with these Terms. If you dispute any charges, you must inform Curated Content in writing within thirty (30) days of being billed.
To participate in Paid Contests, you will be required to deposit funds into your Account by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by Curated Content. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Services, the method of deposit, state-imposed deposit limits, and other factors as determined solely by Curated Content. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named Account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named Account holder. In addition, to be eligible to deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS. Deposited funds are intended to be used for entry into contests on the platform. In order to protect Curated Content and its users, we may prevent withdrawals for deposited funds that have not been used for contest entries until reasonable anti-fraud checks and investigations have been completed.
If any deposit is charged back any winnings generated from Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited, and deducted from the Account balance. Curated Content reserves the right to close your Account – without notice – should a deposit be charged back.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If Curated Content requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or Curated Content otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Curated Content reserves the right to terminate the entrant’s Account and withhold or revoke the awarding of any prizes associated with such Account.
From time to time, Curated Content may provide you with promotional discounts or bonuses, as an incentive to use the Services, to establish an Account, or to refer others to sign up with Curated Content. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional bonuses are non-transferrable. When entering paid contest, the funds used to enter will be taken from initial deposits prior to bonus or promotional funds being used.
To withdraw a bonus, the bonus must be earned. The earn rate for a given bonus is a 10:1 ratio. For example, if you receive a $10 bonus, you must play $100 before withdrawing the full $10 received from the bonus.
If the bonus received is based on a deposit and a refund request is made for such deposit, the bonus will be revoked. For example, if you receive a $5 bonus based on a $10 deposit and you request a refund of your initial $10 deposit, the $5 bonus will be revoked.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Services provided that the funds are not restricted from withdrawal such as bonus and promotions or for violations of this Agreement. You acknowledge that, in order to complete withdrawals, entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by Curated Content in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner.
Processing of withdrawals may take up to five (5) business days; provided, however, Curated Content reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at email@example.com.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Curated Content reserves the right in its sole discretion to determine whether or not to award such prizes.
Each year all winners who have won $600 USD or more over the previous year must provide updated address and social security details to Curated Content. These details will be used to allow Curated Content to comply with tax regulations and may be shared with appropriate tax authorities. In compliance with United States Internal Revenue Service regulations, Curated Content may be required to submit a Form 1099-MISC, Miscellaneous Income to the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Services (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, Curated Content may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. Curated Content reserves the right to withhold (from your existing Account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. Curated Content does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Third-Party Payment Processor
Account Inactivity Fees and Escheatment
If your Curated Content Account has no activity for twenty-four (24) consecutive months, the Account will be considered inactive. Curated Content will assess fee of $2.99 per month on all inactive Accounts until the Account is reactivated by entering a contest, making a deposit, or withdrawing funds. Prior to deducting any fees due to Account inactivity, Curated Content will provide you at least thirty (30) days-written notice. If your Account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an Account is abandoned, Curated Content is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Curated Content may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.
By entering a Contest, you consent to Curated Content’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation of the selected Contest and/or other Curated Content Contests and Curated Content generally, unless otherwise prohibited by law. Curated Content and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that Curated Content may announce any winner's name via any distribution method at any time in connection with the marketing and promotion of Curated Content or other Contests. You agree that participation in and the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS' LIST.
9. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
2. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3. You shall not attempt to use any method to gain unauthorized access to any features of the Services;
4. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
5. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
6. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
7. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Curated Content or any third party; or that impersonates any person or entity, including any employee or representative of Curated Content;
8. You shall not directly or indirectly take any action that imposes or may impose (as determined by Curated Content in its sole discretion) an unreasonable or disproportionately large load on Curated Content’s or its third-party providers’ infrastructure or otherwise interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
9. You shall not sell or otherwise transfer your profile; and
10. You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
If for any reason, Curated Content determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CURATED CONTENT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Termination of Usage
You may cancel your Account at any time through your Account settings. Unless Curated Content is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your Account without notice or refund to you if you violate this Agreement, or for any reason at all. If your Account is cancelled, Curated Content reserves the right to remove your Account information along with any Account settings from our servers with NO liability or notice to you. Once your Account information and Account settings are removed, you will not be able to recover this data and you will lose access to all of your content.
Upon termination of your Account. your license to use Curated Content’s Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted before your Account was terminated shall survive termination.
11. Advertisements and Third-Party Sites
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Curated Content. Your dealings with third parties are solely between you and such third parties. You agree that Curated Content will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
12. Curated Content Intellectual Property and User Content
Through the Services, Curated Content may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “ Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos or other similar features.
Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Curated Content shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Curated Content's social media pages (collectively, " Feedback") and it may share with any of its affiliates. Without limitation, Curated Content will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Curated Content, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that you decide to post any content (“ User Content”), including your profile information, photos, or Feedback, on the Services or on Curated Content's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Curated Content all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Curated Content, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Curated Content may refuse to accept or transmit User Content. Additionally, Curated Content shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
13. Copyright and Trademark Notices
Curated Content complies with the Digital Millennium Copyright Act (DMCA). Curated Content will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Curated Content's Copyright Agent by email at firstname.lastname@example.org. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Services, sufficient for Curated Content to locate the material; your address, telephone number, and email address;
· 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
· a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Curated Content has adopted a policy of, in appropriate circumstances, terminating users that are repeat infringers of the intellectual property rights of others. Curated Content also may terminate users even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Travis County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Curated Content may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Curated Content’s sole discretion.
14. Curated Content Mobile Application
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Curated Content, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Curated Content’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Curated Content’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
15. Warranty and Disclaimer
CURATED CONTENT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CURATED CONTENT SPECIFICALLY DISCLAIMS SUCH WARRANTIES. FURTHER, CURATED CONTENT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, CURATED CONTENT, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. CURATED CONTENT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURATED CONTENT ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
16. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL CURATED CONTENT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED U.S. DOLLARS ($200.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, CURATED CONTENT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
17. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
It is Curated Content’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Curated Content has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Curated Content is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Curated Content, you acknowledge and agree that you will first give Curated Content an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the dispute by sending an email to email@example.com. You then agree to negotiate with Curated Content in good faith about the dispute for at least sixty (60) days after Curated Content’s receipt of your written description of it.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain cases. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitration will take place at any reasonable location within the United States reasonably convenient for both parties.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CURATED CONTENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“ intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to Curated Content at firstname.lastname@example.org. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Curated Content also will not be bound by them.
Curated Content will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Curated Content’s prior written consent. Any assignment in violation of this section shall be null and void. Curated Content may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
19. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
20. Notice Policy and Your Consent
Under these Terms you are contracting with Curated Content Ltd., a Delaware company. For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Curated Content company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your Account or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth in the Contact section below or at such other address as we may advise from time to time, pursuant to this provision.
21. Geographic Limits of Service
Curated Content makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Curated Content, are responsible for compliance with applicable local laws.
22. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Curated Content and its Services are deemed passive and that do not give rise to personal jurisdiction over Curated Content or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Travis County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
23. Integration and Severability
These Terms and other referenced material constitute the entire agreement between you and Curated Content with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Curated Content with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
24. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms or if you wish to file a Copyright Notice, please contact us at email@example.com. For legal notices, please send notice by mail at 401 Congress Ave., Ste. 1540 Austin, TX 78701.