BY ACCESSING AND/OR USING OUR PLATFORM, OR BY CLICKING “I AGREE” WHEN YOU SIGN UP TO ACCESS AND USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM OR ANY SERVICE.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Platform and/or the Service, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Platforms. By continuing to access or use the Platform and/or the Service after we have posted a modification on the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Platform and/or the Service.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
In order to access or use the Service, you need to (a) be at or above the age of majority in your province, state, territory or country (often, but not always, 18 years old), or be 13 years or older and have your parent or legal guardian consent to these Terms on your and their behalf; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Curastory is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change these eligibility criteria at any time.
- DESCRIPTION AND USE OF THE PLATFORM AND SERVICES
Visitors. Visitors, as the term implies, are people who do not register for an Account (defined below), but want to explore the Platform. No login is required for Visitors. Visitors can view all content and access all publicly-available features and functionality on the Platform and can contact us.
Registered Users. Sponsors (defined below) and users, such as student athletes who would like to use our Service (“Users” and together with Sponsors, “Registered Users”) are required to register for an Account and log-in to the Platform for access and use thereof. Registered Users can do all the things Visitors can do, but Registered Users have access to and can use the Service.
To use some aspects of the Services, you must register for an account (an “Account”). If you register an account on the Platform you will need to establish a user name (“User ID”) and password and may be requested to provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively, “Login Credentials”). You may not: (a) select or use as a name of another person with the intent to impersonate that person; (b) use as a name subject to any rights of a person (including, without limitation, copyrights or trademarks) other than you without appropriate authorization; or (c) use a name that we reasonably consider is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account. You may never use another person’s user account or registration information for the Service without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss or damage arising from your failure to comply with this Section. You are responsible for maintaining the confidentiality of your account Login Credentials. You will have the ability to delete your Account, either by following the instructions on the Service or by contacting us via our help page.
The Platform and the Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Curastory or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Service, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms of Service, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The trademarks, service marks, and logos of Curastory (the “Curastory Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Curastory. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Curastory Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from the Platform is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Curastory Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- USER GENERATED CONTENT
Through the Platform, Users may be allowed to post and upload content such as images, videos, comments, and other media (collectively, “User Generated Content”). Users expressly acknowledge and agree that by posting User Generated Content, there is no obligation of confidentiality, privacy or attribution with respect to such User Generated Content on our part and we will not be liable for any use or disclosure of any User Generated Content.
Users represent and warrant that all User Generated Content provided by such User is in compliance with all applicable laws, rules and regulations, including, but not limited to, copyright laws. Users acknowledge that access to all User Generated Content through the Service is at a User’s own risk and each User will be solely responsible for any damage or loss to such User or any other party resulting there from. We do not pre-screen User Generated Content and do not guarantee that any User Generated Content accessed on or through the Services is or will continue to be accurate.
We do not guarantee that any User Generated Content will be made available through the Service. Users acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that User Generated Content will be retained by the Service and the maximum storage space that will be allotted on our servers on a User’s behalf. Users agree that we have no responsibility or liability for the deletion or failure to store any User Generated Content maintained or uploaded by the Service. We reserve the right to, but do not have any obligation to, (a) remove any User Generated Content in our sole discretion, at any time, without notice and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Generated Content or if we are concerned that a User may have violated these Terms of Service or Compliance Guidelines (see below), or for no reason at all and (b) to remove or block any User Generated Content from the Service.
USERS, AND NOT CURASTORY, ARE ENTIRELY RESPONSIBLE FOR ALL USER GENERATED CONTENT THAT SUCH USER UPLOADS, POSTS, E-MAILS, OR OTHERWISE TRANSMITS VIA THE PLATFORM.
If you submit User Generated Content to us, each such submission constitutes a representation and warranty to Curastory that such User Generated Content is such User’s original creation (or that the submitter otherwise have the right to provide the User Generated Content), that such User has the rights necessary to grant the license to the User Generated Content under Section 26, and that it and its use by Curastory its advertisers, Sponsors and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content, or any other content that violates our Guidelines (see below) or applicable law.
- USAGE GUIDELINES
By using the Platform and the Service, you agree to comply with the user guidelines set forth below (the “Guidelines”). Curastory respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service or submitting User Generated Content to the Service, to make sure the Service stays enjoyable for everyone. The current rules are listed below, but these maybe updated, or we may provide you with additional rules, from time to time. You agree to follow these rules.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or User Generated Content, or otherwise making any use of the Service or User Generated Content which is not expressly permitted under the Terms of Service or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or User Generated Content or any part of it;
- using the Service to distribute, reproduce, record, perform or display any music content for which you do not have all necessary rights;
- using the Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached User Generated Content from an authorized terminal device to any other device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service or User Generated Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Curastory, its licensors, or any third party to protect Curastory, the Service or User Generated Content;
- selling, renting, sub-licensing or leasing of any part of the Service or User Generated Content;
- circumventing any territorial restrictions applied by Curastory or its licensors;
- manipulating the Service by using a script or other automated process;
- taking any action that imposes an unreasonable load on the Service;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any User Generated Content);
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Curastory or the Service, provided that, and subject to compliance with any instructions posted in the robots.txt file located in the root directory associated with the Service, Curastory (i) grants to the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials (excluding the audio content included within an audio file), but not caches or archives of such materials, and (ii) reserves the right to revoke such permission at any time and without notice;
- framing or linking to any of the materials or information available on Curastory’s website or the Service; or
- deleting or altering any material Curastory or any other user makes available on the Service; Please respect Curastory, the owners of the User Generated Content, yourself, and other users of the Service. Don’t engage in any activity, submit any User Generated Content, or register and/or use a name, which is or includes material that:
- would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
- is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Curastory or a third party;
- includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- artificially promotes content;
- involves the transmission of unsolicited mass or commercial electronic mail or text messages or other forms of spam;
- involves commercial or sales activities or pyramid schemes, that are not expressly authorized by Curastory;
- exposes confidential or proprietary information of a third party or personal information about yourself that you do not wish to make available to people around the world;
- interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Curastory’s computer systems, network, usage rules, or any of Curastory’s security components, authentication measures or any other protection measures applicable to the Service, the User Generated Content or any part thereof; or
- conflicts with the Terms of Service, as determined by Curastory, collectively (“Objectionable Content”).
You agree that you will not assist any person in engaging, or permit or encourage any person to engage, in any Objectionable Content. You acknowledge and agree that posting any Objectionable Content may result in immediate termination or suspension of your Account.
Please be thoughtful about how you use the Service and what you submit. The Service includes the ability to post your User Generated Content and make certain information about your public. Remember that publicly shared or publicly available information may be used and re-shared by other users on the Service, including sponsors/brand users and Curastory, and may live on in perpetuity once posted, so please submit User Generated Content on the Service carefully. Curastory has no responsibility for your choices to post User Generated Content on the Service.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- MONETIZATION SERVICES
The Service may include certain tools to help you develop, launch, operate and market your User Generated Content for the purpose of monetizing and enabling you to collect money through your usage of the Services, such as brand sponsorships (the “Monetization Services”). The Monetization Services may enable you for brand sponsorships by inserting a video advertisement segment or brand logo into your User Generated Content or Third Party Content (see below) to be sponsored by a third party that chooses to advertise with Curastory (such third party being a “Sponsor”). If you choose to use the Monetization Services, you acknowledge that there is no guarantee of being connected with any Sponsors or receiving any sponsorship for such video advertisement segments.
In connection with the Monetization Services, we may integrate third party Sponsors into the distributions channels for advertising. We may also may also integrate third parties via an application programming interface (an “API”) to our Platform for the purpose of uploading video content to User accounts on our Platform (“Third Party Content”). Users who elect to use our Monetization Services with respect to Third Party Content, hereby consent and agree to the uploading of such Third Party Content to their Account. No Third Party Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable to any Registered User for any use or disclosure of any Third Party Content. With respect to Third Party Content, Registered Users acknowledge and agree such Third Party Content and intellectual property rights therein are held by a third party and you are Curastory’s sublicensee of rights to use such content.
We may implement additional operating rules, policies and procedures relating to the use of Monetization Services from time to time, by posting them to our websites or through a notice provided through the Service, via e-mail or by another appropriate means of electronic communication. Such rules, policies and procedures, in addition to these Terms of Service, will govern your access to and use of the Monetization Services. To the extent you use Monetization Services in connection with your User Generated Content or Third Party Content, such User Generated Content or Third Party Content, will become “Monetized Content”.
- VIDEO SPONSORSHIPS
Sponsors may invite Users to support a video advertisement segment or brand logo through the Service (such video advertisement segment or brand logo being a “Sponsored Segment”). If you accept a Sponsor’s request for a Sponsored Segment, you must record the Sponsored Segment in accordance with these Terms of Service and any additional requirements or obligations a Sponsor may impose in connection with your Monetized Content, including but not limited to, attribution or promotional obligations (“Sponsored Requirements”). To the extent any Sponsor Requirements conflict with these Terms of Service, you must comply with these Terms of Service.
You are in no way precluded from monetizing your User Generated Content in ways other than the usage of the Monetization Services. If you do monetize your User Generated Content outside of the Monetization Services, please note that you are still responsible for using the Service in a way that complies with these Terms of Service.
- FEE SCHEDULE
Revenue collected from Sponsors of your Monetized Content will be distributed to your Account according to our fees and payments terms.
You will be entitled to receive revenue based on the number of views of a Sponsored Segment at a rate set by the Sponsor and Curastory, for the duration of four (4) months, as measured by Curastory based on data received from its own metrics and those of all applicable video platforms (the “Sponsor Fees”).
Two fees are deducted from the Sponsor Fees before they hit a User’s bank account: if User Generated Content is used in connection with such services, our fee is 45%. We also charge a 2.9% payout processing fee (to cover the cost of moving money to your bank account through Stripe, the third-party platform we use to help process secure payments) (the “Use Fees”).
Variations or changes to the Use Fees as they pertain to the Monetization Services may be agreed upon from time to time, in writing, by User and Curastory. Curastory reserves the right to charge you a portion of any costs of any chargeback or credit card fees or mobile platform fees that Curastory incurs in connection with its management of your Monetized Content or your usage of the Monetization Services. Without limiting anything herein to the contrary, Curastory also reserves the right to change the User Fees from time to time, with reasonable prior notice to you in writing. Fees may be withdrawn from revenue prior to it becoming available to you. The ability to withdraw revenue may be delayed before it becomes available to you, or may be subject to other restrictions such as minimum amount withdrawal thresholds.
Note, you are not entitled to any additional fees for the repurposing or use of any Sponsored Segment by Brand users as described below under “Repurposing Sponsored Segments”.
- PAYMENT TERMS
The balance in your Account (the “Current Balance”) is money you’ve made from the Monetization Services since you last cashed out (“Total Earnings” tells you how much you’ve made since you activated the Monetization Services). You’ll earn money as your Sponsored Segment gets new views. As your money is coming in, you can only cash out your Current Balance when you have at least $10 accrued. Just click the “Pay Me Out” button from your “Earnings” page.
If you haven’t yet set up your payment information, you’ll need to do that first. We use Stripe (the leading online payment processing company) to process and protect your money, so your payment information will all go through them (some additional account details may need to be changed with Stripe’s help). For security purposes, if you ever leave a balance in your Current Balance for more than 90 days, we will automatically cash out the total balance for you. We’ll send an email notifying you if this happens. Additionally, to protect your safety online, we do not recommend using a proxy creator to set up payments through Stripe. A proxy creator is a friend, family member or acquaintance located in the US whose US bank account is used to receive the funds from your video.
- FEES AND PAYMENTS
General. Unless stated otherwise, the amounts to be paid under this Terms of Service are exclusive of VAT, GST,HST, sales taxes or other similar taxes, duties, charges or assessments (“Indirect Taxes”). Indirect Taxes will be added on top of agreed amounts as per local legislation. Each party shall be solely responsible for payment of all Indirect Taxes it is legally obliged to pay arising as a result of this Terms of Service or otherwise. Further each party shall be solely responsible for collection and remittance of all Indirect Taxes it is legally obliged to collect and remit. Each party shall be solely responsible for payment of any tax assessed on its income. The parties acknowledge that as of the effective date and to the best of their knowledge, there is no withholding tax applicable to payments due under this Terms of Service. In case the local law and /or changing in the law requires the application of withholding tax, both parties will work together to mitigate it. The parties further acknowledge that they will collect all relevant documentation needed in the event of a tax audit.
Late Fee Assessments for Sponsors.
Sponsors, in the event your Sponsored Segment is not automatically posted on social media outlets by the User, you will receive an email notification requesting your verification of the Sponsored Segment. You are responsible for verifying the Sponsored Segment in accordance with the instructions in such email, no later than seven (7) days after the date of your email notification. We will assess a daily late charge of five percent (5%) of the video price (the “Projected Bid Price”) for all Sponsored Segments that are not verified upon the expiration of such seven (7) day period and you hereby consent to the assessment of such fees to the credit card you maintain on file with us until such verification is executed by you.
In addition, when a User accepts your invitation for a Sponsored Segment, you are responsible for providing the featured product to the User in a timely manner and paying such User the Sponsor Fees in accordance with these Terms of Service. In the event you are unable to provide the featured product to the User within seven (7) days of such User’s placement of an order for the product, we shall assess the credit card you maintain on file with us, a daily non-delivery fee of five percent (5%) of the Projected Bid Price and you consent to such assessment. You may cancel the Sponsorship Segment at any time after the expiration of such seven (7) day period due to the unavailability of the product by notifying us at email@example.com.
- SUSPENSION / REFUNDS
If Curastory believes you are abusing the Monetization Services in any way, or are being negligent in your Sponsored Segment, or believes that you are being negligent with your upkeep of the Monetized Content, Curastory may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your Account(s) and access to the Monetization Services, delay or remove uploaded content, remove any special status associated with your Account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Service.
Curastory reserves the right to, in its sole discretion, refund payments paid by Sponsors for your Monetized Content if, but not limited to:
- REFUND REQUESTS
Description of refund procedure
The Sponsor is not satisfied with the Sponsored Segment a part of the Monetized Content
If submitted Ad Details from the Sponsor have not been met by the User in the Sponsored Segment a part of the Monetized Content, the full amount debited will be refunded to the Sponsor on behalf of the User up to 72 hours after the Monetized Content is posted. After 72 hours and up to one (1) week after the Monetized Content is posted, 50% of the amount debited will be refunded to the Sponsor on behalf of the User. After one (1) week of the Monetized Content being posted, the Monetized Content is no longer eligible for refund.
If a refund is granted to Sponsors from a User’s Monetized Content, in which case such User shall reimburse Curastory for such refund payments. To the extent that a User fails to reimburse such payments to Curastory, User hereby agrees that Curastory may offset such refund payments to Sponsors against subsequent payments required to be made to such User through the Monetization Services.
- RESPONSIBILITY REGARDING MONETIZED CONTENT
Registered Users are solely responsible for Monetized Content and usage of the Monetization Services and compliance with any laws or regulations related to them, including without limitation, the following:
- With respect to User Generated Content, any claims made by Sponsors against a User as it relates to the Monetized Content or User’s usage of the Monetization Services or arising out of a User’s disparagement of Sponsors in User Generated Content, including any Monetized Content;
- Compliance by Registered Users with any consumer, securities and related laws and regulations and Compliance Guidelines.
- NO OBLIGATION TO EXAMINE MONETIZED CONTENT
You acknowledge and agree that Curastory is not responsible for reviewing or examining the Monetized Content through the Monetization Services, and does not make any representations or warranties as to any Monetized Content. You will not attempt to hold Curastory or Curastory’s third party service providers liable for any inaccuracies, except with respect to third parties as it pertains to Third Party Content such third party provides. You shall ensure that all Monetized Content and other content and information directly associated with your usage of the Monetization Services is accurate. You further acknowledge and agree that, while Curastory has no obligation to do so, Curastory may monitor, review, revise, modify, analyze, evaluate, obfuscate or delete the Monetized Content, including any data or content associated with the Monetized Content, to, among other things, supplement, remove or correct information, in its sole discretion, as well as to provide you with optional recommendations to consider when creating and operating the Monetized Content.
- NON-COMPETE AGREEMENTS
Curastory is not liable for any violations of non-compete agreements between Users of the Service and their Sponsors. Users must disclose any and all non-compete agreements that they have agreed to before using the Service. It is the User’s responsibility to assure that they are not violating any non-compete agreements before accepting a Sponsored Segment on their User Generated Content or any Third Party Content.
We may terminate your access to all or any part of the Service at any time, for any reason, which may result in the forfeiture and destruction of all information, including User Generated Content or Third Party Content associated with an Account. You agree that we will not be liable to you or any third party associated with your use of the Monetization Services, for any termination of your access to or use of the Service. If you wish to terminate your Account, you may do so by contacting us at firstname.lastname@example.org.
All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, licenses of User Generated Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- REPURPOSING SPONSORED SEGMENTS
Sponsors may repurpose Sponsored Segments that they have purchased, as set forth below.
Specifically, Sponsors may use Sponsored Segments for marketing, advertising, promotional or other commercial purposes. Such Sponsored Segments may only be used in connection with the product or service that is the subject of the Sponsored Segment.
Sponsors may not edit the Sponsored Segments in any material respect; however, Sponsors may make non-substantive, non-creative, immaterial changes to any Sponsored Segment.
Curastory will provide Sponsors with the applicable video file for any Sponsored Segment upon request. Sponsored Segments may only be obtained from Curastory and may not be obtained from social media or other public sources, creators, or other third parties.
You will have an exclusive, world-wide, revocable, royalty-free, non-sublicensable, non-transferrable license to use the Sponsored Segments as described above.
Curastory respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with notice of the suspected infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
223 Bedford Avenue
PMB #774 Brooklyn NY 11211
Email — email@example.com
Agent: Tiffany Kelly
To the fullest extent permitted under applicable law: We have no special relationship with you or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Service; what content you access via the Service; or how you may interpret or use the content.
As a Sponsor, you release us from all liability for you having acquired or not acquired content through the Service. We make no representations concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Service.
The Service is provided “as is”, “as available” and without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We and our affiliates, and our and their officers, directors, shareholders, employees, agents, suppliers, partners and third-party content providers, and any successors or assigns, do not warrant and expressly disclaim that: (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Service are free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
- LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law: (i) in no event shall Curastory or its present or future parents or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Service, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Services; and (ii) any direct damages, that you may suffer as a result of your use of the Platform, or the Service or any content shall be limited to fifty united states dollars (US $50).
You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Curastory or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that Curastory and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Service or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
You agree to defend (at our request), indemnify and hold Curastory harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with : (i) these Terms of Service or your breach of this Agreement; (ii) your misuse of the Platform, the Service, the Content or any content accessed through the Service; (iii) your violation of any Compliance Guidelines; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. You will cooperate as required by Curastory in the defense of any claim. Curastory reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
- JURISDICTIONAL ISSUES
These Terms of Service will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York, United States of America, without regard to choice or conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms of Service or otherwise not subject to arbitration will be subject to the exclusive jurisdiction and venue of the Southern District of New York.
Any dispute relating in any way to these Terms of Service and any Service provided by Curastory (as defined herein), shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated, or threatened to violate, any of Curastory’s intellectual property rights, Curastory may seek injunctive or other appropriate relief in any state or federal court in the State of New York.
You consent to exclusive jurisdiction and venue in these courts. Any arbitration pursuant to these Terms of Service shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be final, conclusive and binding, and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, you hereby waive the right to a court or jury trial, and any right to participate in any class action, consolidated or representative action, or any similar proceeding.
If any action at law or in equity (including Arbitration) is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which the party may be entitled.
- USER GENERATED CONTENT OWNERSHIP AND LICENSE
Subject to any third-party right in any preexisting content or materials included in your User Generated Content, including, without limitation, any Services, you retain all right, title and interest in and to any User Generated Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Service ; provided, that you hereby grant to Curastory and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise use or exploit (including for profit) (i) such User Generated Content (including all copyrights and other intellectual property and moral rights related thereto or contained therein) and (ii) your name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by you in connection with such User Generated Content (as well as any other individual[s] featured in your User Generated Content), in any and all media now known or hereafter discovered, in connection with the Services and the monetization of your User Generated Content (including, without limitation, the operation thereof and the provision of any tools, products, services, functionalities and/or features now or in the future offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Services and any products and services related thereto, and to identify you as the source of your User Generated Content(collectively, the “User Generated Content License”).
We may take appropriate action against you or remove your User Generated Content if you violate our rights or the rights of any third party or any other provision of these Terms of Service. This may include, but is not limited to, removing or modifying User Generated Content, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Generated Content, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from.
- EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
For queries, please contact our customer service department at firstname.lastname@example.org.