September 7, 2022

Acceptance

By using or visiting the Curastory website or any Curastory products, software, data feeds, and services provided to you on, from, or through the Curastory website or application (collectively the “Service”), you signify your agreement to these terms and conditions (the “Terms of Service”).

Although we may attempt to notify you when major changes are made to these Terms ofService, you should periodically review the most up-to-date version website link under development). Curastory may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Eligibility

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 theseTerms 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 theService. We may, in our sole discretion, refuse to offer the Service to any person or entity and change these eligibility criteria at any time.

Registration

To use some aspects of the Service, you must register for an account (an “Account”). You will 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 will have the ability to delete your Account, either by following the instructions on theService or by contacting us via our help page.

Ownership

The Service, 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 Service 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 Service. Any use of the Service 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.

User Generated Content

All information, materials and other content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively “User GeneratedContent”), whether posted publicly by user or privately uploaded, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Generated Content on the Service.You represent that all User Generated Content provided by you is in compliance with all applicable laws, rules and regulations, including, but not limited to, copyright laws. You acknowledge that your access to all User Generated Content through the Service 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. We do not pre-screen User Generated Content and do not guarantee that any User Generated Content you access 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. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that UserGenerated Content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You 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 to you 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 you may have violated these Terms of Service), or for no reason at all and (b) to remove or block any User Generated Content from the Service.

We do not guarantee any confidentiality with respect to your User Generated Content, and it may be viewable by others. You are solely responsible for all User Generated Content that you submit or otherwise provide to the Services. You represent that (a) your UserGenerated Content is accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Generated Content in all manners contemplated by these Terms. No User Generated Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Generated Content.

User 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:

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 (“Sponsors”) 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 ofService, 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.

Third Party Services

The Services may permit you to link to other websites, online services or resources, and other websites, online services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website, online service or resource.

Monetization Services

The Service may include certain tools to help you develop, launch, operate and market your UserGenerated Content for the purpose of monetizing and enabling you to collect money through your usage of the Service, such as brand sponsorships (the“Monetization Services”). 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 GeneratedContent, such User Generated Content will become “Monetized Content”.

You acknowledge that you may be required to have an account with our third-party payment providers in order to use the Monetization Services. Your use of any such third-party payment providers is subject to such provider’s terms of use and privacy policy. If you are located outside the United States of America, some or all of the Monetization Services may be unavailable.

The Monetization Services may enable you for brand sponsorships by inserting one or more video advertisement segments or brand logo into your User GeneratedContent to be sponsored by a third party that chooses to advertise with Curastory (such third party being a “Sponsor”). If you choose to use theMonetization Services, you acknowledge that there is no guarantee of being connected with any Sponsors or receiving any sponsorship for such video advertisement segments.

Video Sponsorships

If you accept a Sponsor’s request to support a video advertisement segment or brand logo through the Service (such video advertisement segment or brand logo being 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 UserGenerated Content outside of the Monetization Services, please note that you are still responsible for using the Service in a way that complies with theseTerms of Service.

Fee Schedule

Revenue collected fromSponsors 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 your bank account: a Curastory service fee of 30% and a 3% 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 MonetizationServices. 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 theMonetization 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

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.

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:

Categories of requested refunds

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 your Monetized Content, in which case you shall reimburse Curastory for such refund payments. To the extent that you fail to reimburse such payments to Curastory, you hereby agree that Curastory may offset such refund payments to Sponsors against subsequent payments required to be made to you through the Monetization Services.

Responbility

You are solely responsible for your Monetized Content and your usage of the MonetizationServices and compliance with any laws or regulations related to them, including without limitation, the following:

No Obligation to Examine Monetized Content

You acknowledge and agree that Curastory is not responsible for examining the Monetized Content through the Monetization Services, and does not make any representations or warranties as to the Monetized Content. You will not attempt to hold Curastory or Curastory’s third party service providers liable for any inaccuracies. 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 theMonetized 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 noncompete agreements between Users of this Service and their Sponsors. Users must disclose any and all non-compete agreements that they have agreed to before using the Curastory platform. It is the users’ responsibility to assure that they are not violating any non-compete agreements before accepting a Sponsored Segment on their User Generated Content.

Termination

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 UserGenerated Content, associated with your Account. You agree that we will not be liable to you or any third party, including Sponsors 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 support@curastory.co.
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, you 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.

You may not edit the Sponsored Segments in any material respect; however, you may make non-substantive, non-creative, immaterial changes to any Sponsored Segment.

Curastory will provide you 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.

Copyrights

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 Curastory the following information required by the Online Copyright Infringement LiabilityLimitation 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. For copyright inquiries under the Digital MillenniumCopyright Act please contact: support@curastory.co.

Disclaimer

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, 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 Service.

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.

Indemnification

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 these Terms or your use of the Service. 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 UnitedStates (including federal arbitration law) and the State of New York, UnitedStates 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 theseTerms of Service or otherwise not subject to arbitration will be subject to the exclusive jurisdiction and venue of the Southern District of New York.

Arbitration

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.

Copyright in User Generated Content

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 exploit (i) such User Generated Content(including all copyrights and other intellectual property 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 GeneratedContent if you violate our rights or the rights of any third party or any other provision of these Terms. 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.

Contact

For queries, please contact our customer service department at hello@curastory.co.

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