Date of Last Revision: October 14, 2020
This Policy sets out the essential details relating to your personal data relationship with us when you use the Curastory website, web applications, and any other products and services that link to this Policy (collectively, the "Services").
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:
In addition to the rights above, you always have the following choices regarding promotional communications and notifications:
If you have any questions about your privacy, your rights, or how to exercise them, please see the “How to contact us” section below for information on how to contact us. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with the Swedish Data Protection Authority (Datainspektionen) or your local Data Protection Authority.
We collect personal data that you provide to us:
Categories of personal data
Description of category
If you are a creator, you will be required to provide certain required personal data to create an account, such as your name and email address. You also have the option to provide us other information about yourself, such as a profile photo, biography and brand sponsorship non-compete information.
Payment and purchase data
Contests, Surveys and Sweepstakes Data when you complete any forms, submit a survey, or participate in a contest, we collect the personal data you provide.
When you use the Services, we collect certain data automatically. Usage Data includes:
Categories of personal data
Description of category
When you create and share content using our Services, we collect any personal data included in that content.
Information that your browser automatically sends whenever you use the Services. Log Data includes your Internet Protocol (“IP”) address, browser type and settings, the date and time of your request, and how you interacted with the Services.
Includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.
Other usage information
We collect information about how you use our Services, such as the types of videos that you post, the features you use, the actions you take, and the time, frequency and duration of your activities.
Personal data collected from other sources:
Categories of personal data
Description of category
Data from Social Media Services
If you connect to the Services using credentials from social media services such as Facebook or Google (“Social Media Services”), we will have access to certain information from that Social Media Service, such as your name, email address, account and content analytics in accordance with the authorization procedures determined by such Social Media Service.
Data from Social Media Advertising Accounts
If you connect to the Services using credentials from social media services such as Facebook or Google (“Social Media Services”), we will have access to certain information from that Social Media Service, such as your name, email address, advertising metrics, and account and content analytics in accordance with the authorization procedures determined by such Social Media Service.
When you use or interact with the Services, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 4) used for these purposes:
Description of why Curastory processes your personal data ('processing purpose')
Legal Basis for the processing purpose
Categories of personal data used by Curastory for the processing purpose
To provide, personalize, and improve our Services, for example, by allowing creators to create and distribute their content and to allow brands to sponsor that content.
To understand how you access and use the Services to ensure technical functionality of the Services, develop new products and services, and analyze your use of the Services, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Services.
To communicate with you for Service-related purposes.
To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the Services.
To communicate with you, either directly or through one of our partners, for marketing, research, participation in contests, surveys and sweepstakes, promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.
We may share or disclose your personal data under the following circumstances, or as otherwise described in this Policy:
For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
We keep your personal data only as long as necessary to provide you with the Services and for legitimate and essential business purposes, such as maintaining the performance of the Services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data, such as your user data and user content, for as long as you are a user of the Services.
If you have elected to receive marketing communications from us, we retain information required to send these communications until you opt out of receiving these communications in accordance with our policies.
Some cookies expire after a certain amount of time, or upon logging out (session cookies), others remain on your computer or terminal device for a longer period (persistent cookies). Our Services use first party cookies (cookies set directly by Curastory) as well as third party cookies, as described below. For more details on cookies please visit All About Cookies.
Type of Cookies Used. The Services use the following technologies:
Curastory, Inc. is based in the United States and we process and store personal data in the United States and other countries. Therefore, we and our service providers may transfer your personal data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.
If you are accessing our Services from the EU/EEA or other regions, please note that your personal data will be transmitted to our servers in the United States and the data may be transmitted to our service providers supporting our business operations (described above). In such instances we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
We keep your pPlease note that this Policy only applies to the Services. When using the Services, you may find links to other websites not operated or controlled by us (“Third Party Sites”), including the Social Media Services. The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Policy. By providing these links we do not imply that we endorse or have reviewed these Third Party Sites. Please contact any Third Party Sites directly for information on their privacy practices and policies.ersonal
We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
The Services are not directed to children under the age of 13 years. The Services are also not offered to children whose age makes it illegal to process their personal data or requires parental consent for the processing of their personal data under the GDPR or other local law.
We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Services, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to us, please contact us, and you may request exercise of your applicable rights detailed in the ‘Your rights and your preferences: Giving you choice and control’ Section 3 of this Policy.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Curastory account for that child.
We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in case of material changes, we will provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.
Thank you for reading our Policy. If you have any questions about this Policy, please contact our Head of Public Policy by emailing firstname.lastname@example.org or by writing to your relevant data controller at the address below.
223 Bedford Avenue PMB #774
Brooklyn, NY 11211
Date of Last Revision: October 16, 2020
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 of Service, 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.
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
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 the Service or by contacting us via our help page.
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.
All information, materials and other content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Content on the Service. You represent that all User 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 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 therefrom. We do not pre-screen User Content and do not guarantee that any User Content you access on or through the Services is or will continue to be accurate.
We do not guarantee that any User 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 User 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 Content maintained or uploaded by the Service. We reserve the right to, but do not have any obligation to, (a) remove any User 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 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 Content from the Service.
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 Content to the Service, to make sure the Service stays enjoyable for everyone. The current rules are listed below, but these may be 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 Content, or otherwise making any use of the Service or User 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 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 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 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 Content;
selling, renting, sub-licensing or leasing of any part of the Service or User 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 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 Content, yourself, and other users of the Service. Don’t engage in any activity, submit any User 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 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 User Content and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on the Service or across the web, and may live on in perpetuity once posted, so please submit User Content on the Service carefully. Curastory has no responsibility for your choices to post User 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
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.
The Service may include certain tools to help you develop, launch, operate and market your User 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 Content, such User Content will become “Monetized Content”.
The Monetization Services may enable you for brand sponsorships by inserting one or more video advertisement segments or brand logo into your User Content 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.
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 Content in ways other than the usage of the Monetization Services. If you do monetize your User 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.
You will be entitled to receive revenue based on the number of views of a Sponsored Segment 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.
Revenue collected from Sponsors of your Monetized Content will be distributed to your Account according to our fees and payments (the “Fee Schedule”). 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 $30 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.
Two fees are deducted from the Monetization Services payment before it hits your bank account: a Curastory fee of 30% and a 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 amount of revenue or financial support earned through your use of the Monetization Services may be subject to certain fees retained by Curastory in accordance with the applicable sections of the Fee Schedule. Variations or changes to the Fee Schedule as they pertain to your usage of the Monetization Services may be agreed upon from time to time with Curastory in writing. 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 Fee Schedule 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.
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.
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 hosted 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, 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.
You are solely responsible for your Monetized Content and your usage of the Monetization Services and compliance with any laws or regulations related to them, including without limitation, the following:
You acknowledge and agree that Curastory is not responsible for examining or warranting the Monetized Content through the Monetization Services, and you will not attempt to hold Curastory or Curastory’s third party service providers liable for 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 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.
Curastory is not liable for any violations of non compete agreements between users of this platform 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 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 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 email@example.com.
All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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 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. For copyright inquiries under the Digital Millennium Copyright Act please contact: firstname.lastname@example.org.
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.
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 are 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.
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.
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, your visit to the Service, or to any transaction with Curastory 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 under this agreement and these Terms of Service shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Anything that you post, upload, share, store, provide, or otherwise make available through the Services is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are 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 Submissions in all manners contemplated by these Terms. No User Submissions 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 Submissions.
You hereby grant to Curastory and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
We may take appropriate action against you or your User Submissions 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 Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, 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 therefrom.
For queries, please contact our customer service department at email@example.com.