These Terms may be amended by CURIOUS SENSE from time to time at its sole discretion. Upon amendment, we will Post a notice on our homepage. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to CURIOUS SENSE making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
When using the Website, you shall be subject to any Posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 14 years of age or older. If you are under 14, please do not submit personal information to us or use the Website. If you are between the ages of 14 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
Some terms used herein are defined in the last paragraph of the Terms. Please refer below for definitions.
Accessing the Website
You may browse the Website without registering. In order to access the Website, you will need a web-enabled computer or mobile device. However, in order to access some portions and features of the Website, including to play our games or download certain applications, you will be required to register with and/or sign into either the Website or the website of a third-party service provider who will handle some of your interactions with, or transactions made through, the Website. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at firstname.lastname@example.org (Subject line: "Rights Violation"). If you interact with third-party service providers, and you provide them information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.Our Intellectual Property
Curious Sense, Inc., Curious Sense Game Venture 1, Grateful Dead Game – The Epic Tour, and their associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website, such as trademarks, service marks or logos associated with the Grateful Dead, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The inclusion of images or text containing the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or any of the Content we provide.
Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our freely available Works solely for your personal use in connection with browsing the Website or playing a game. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the freely available Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
To enjoy certain features and Content provided by CURIOUS SENSE, payment is required as described below.
When you download or otherwise copy Content, including software applications, provided by CURIOUS SENSE, you are not buying or being gifted copies of the Content. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess the copies and use the Content for personal, non-commercial use, subject to specific terms and conditions (the "Content License"). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the licensed Content or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of licensed Content in your possession.
The above described licenses are conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect CURIOUS SENSE’s rights, some Content, including games and mobile applications, made available on the Website may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may use the Content. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including any identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.
The Website includes a virtual currency component. CURIOUS SENSE may or may not charge fees to acquire or use such currency and these fees may change at any time. When you acquire virtual currency through the Website, CURIOUS SENSE grants you a limited license to use the currency to be held, bartered, traded and/or transferred through the Website with other users, in exchange for permission to access and use Content, applications, services, and other features of the Website in accordance with these Terms. CURIOUS SENSE may revoke such license at any time without notice, refund or compensation to you. You agree that you have no right or title in or to any such virtual currency appearing or originating through the Website, other than as described herein.
You acknowledge that the virtual currency acquired through the Website is not real currency or any type of financial instrument and is not redeemable for any sum of money from CURIOUS SENSE at any time. CURIOUS SENSE does not recognize any purported transfers of virtual currency executed outside of the Website, or the purported sale, gift or trade in the "real world" of anything that appears or originates through the Website. Therefore, you may not sell such virtual currency for "real" money, or exchange the currency for value outside of the Website.Payments and Refunds
Permission to enjoy such features or Content shall not commence until full payment has been received. Once payment is received, you may enjoy the features or Content for your personal, non-commercial use as described above.
Moreover, by their nature, all digital copies are non-returnable and thus all payments for licenses are non-refundable. You will only be due a refund if the policy of our third-party payment processor so provides. However, if you obtain a software application or Content from CURIOUS SENSE that is corrupted or malfunctions due to no fault of your own, and you can demonstrate (a) such corruption or malfunction, (b) that the corruption or malfunction was not due to a faulty Internet connection, and (c) that you own all the updated and correct versions of software and hardware required, we may, at our sole discretion, replace your access free of charge but subject to the same licenses described herein. If you experience persistent problems and are unable to enjoy features or Content you licensed, we may, at our sole discretion, provide a partial or complete refund to you.Taxes
All fees payable under these Terms are exclusive of VAT, duties or sales tax where appropriate, which is made payable at the standard rate applicable at the time. You are responsible for the payment of all sales and usage taxes when applicable and CURIOUS SENSE or our third-party payment processor shall be entitled to charge such taxes to you in addition to the payment for any License.
CURIOUS SENSE has adopted the following policy, in compliance with the Digital Millennium Copyright Act ("DMCA"), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ access to portions of the Website.
If you have a good faith belief that your copyright is being infringed by any material on the website, please send a notice of claimed infringement, including the information listed below, to CURIOUS SENSE’s Designated Copyright Agent at email@example.com (Subject line: "DMCA Takedown Request"):
84 W. Walnut St
Asheville NC 28801
To be effective, the notice of claimed infringement must include the following required contents:
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 copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly); information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 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. Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
CURIOUS SENSE has also instituted a counter-notice policy designed to enable, at our sole discretion, the prompt replacement of material that is removed in response to a notice of claimed Infringement as a result of a mistake or misidentification. Please make sure that any Counter-Notification you send to our Copyright Agent, identified above, includes all of the following information:
your physical or electronic signature; an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing URLs in the body of an email is the best way to help us locate content quickly); the statement, "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material that was removed or disabled"; the statement, "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside the United States, the judicial district in which CURIOUS SENSE is located, and I will accept service of process from the claimant"; your name, address, telephone number, and verified email address of the account. After we receive your counter-notice, we will forward it to the party who submitted the original notice of claimed infringement. Please note that when we forward the Counter-Notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way.
After we send out the counter-notice, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material, at our discretion.
If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at: firstname.lastname@example.org (Subject line: "Rights Violations").
We will work to prevent unlawful activity from taking place on or through the Website.
You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content.
If any of the User Content that you Post to or through the Website contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
You represent and warrant that you will not use the Website to:
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so; act in a manner that negatively affects other users' ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, harassing, vulgar, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable; Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation; Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own; Post any User Content that is misleading or that misrepresents any fact (including without limitation your identity); Post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct; exceed your authorized access to any portion of the Website; remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology; collect or store personal data about anyone; modify any part of the Website to change gameplay, including creating cheats, bots, or hacks or using third-party software to access files in the Website; engage in any behavior that allows you to automatically function or effect any action to obtain significant or unfair advantage in the game with or without your presence; obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website; exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage; reverse engineer, disassemble, or decompile the Website or any part thereof or apply any other process or procedure to derive the source code of any software included in the Website or any part thereof, or reproduce (other than as necessary to lawfully access the Website or pursuant to a license), adapt, distribute, make available, communicate to the public, publicly display or publicly perform any portion of the Website or the Works, in whole or in part.
To the extent allowed by law, CURIOUS SENSE shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
CURIOUS SENSE delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you; CURIOUS SENSE modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever; CURIOUS SENSE immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you; the accuracy, usefulness or availability of any information Posted to or through the Website, including but not limited to any securities trading or investment related information; or any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, such as payment processors, or third-party websites, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
You will indemnify and hold CURIOUS SENSE harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that CURIOUS SENSE shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
•WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM CURIOUS SENSE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. •NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
In no event shall CURIOUS SENSE BE liable TO YOU for any incidental, indirect, punitive, statutory, exemplary, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with ANY INDIVIDUAL OR CLASS-ACTION claim, OR ANY loss, damage, action, suit or other proceeding relating to or arising under or out of the TERMS, even if CURIOUS SENSE has been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. In no event shall CURIOUS SENSE be liable to YOU for any amount greater than THE GREATER OF $100 (U.S.) OR THE AMOUNT YOU PAID TO CURIOUS SENSE FOR SERVICES/LICENSES DURING THE SIX MONTHS PRECEDING YOUR CLAIM. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Some jurisdictions may not permit certain liability limitations. If any court OR ARBITRATOR determines the law of such a jurisdiction applies, the liability of the CURIOUS SENSE Parties shall be limited to the greatest extent permitted by law.
If you have a dispute with one or more users of the Website, or with any party who provides advertising or THIRD-PARTY SERVICES IN CONNECTION WITH, on, or through the Website, or with any party who provides a website linked to on the Website, you release us from claims, demands and damages (incidental, indirect, punitive, statutory, exemplary, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.
Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or breached or threatened to breach the representations and warranties contained herein, we may seek injunctive, monetary, or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms constitute the entire agreement between you and Curious Senses, Inc., and govern your use of the Website.
These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other CURIOUS SENSE websites or third-party websites.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Curious Sense, Inc.’s parent, subsidiary, and affiliated companies, including Curious Sense Game Venture 1, and their respective officers, directors, members, representatives, managers, partners, shareholders, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
CURIOUS SENSE may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY/CONTENT LICENSES; (2) CONTENT POSTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) JURISDICTIONAL RESTRICTIONS; (8) RELEASE; (9) GOVERNING LAW; (10) MISCELLANEOUS; (11) ACCESSING THE WEBSITE; (12) DEFINITIONS; (13) PROHIBITED CONDUCT; (14) TAXES; (15) CONTENT POSTED BY USERS and (16) PAYMENTS AND REFUNDS.
Content" - Data, information, materials, or content of any kind.
"Content License" - A limited, revocable, non-sublicensable, and non-exclusive right to possess the copies and use the Content for personal, non-commercial use, subject to specific terms and conditions.
"Including" - "Include," "Includes," "Including," "include," "includes," and "including" herein mean including without limitation.
"Post" - To upload, post, make available, send, share, communicate or transmit.
"Website" - CURIOUS SENSE provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of "Website."
"User Content" - Data, information, materials, code, or content of any kind Posted by you or another user to or through the Website.
"Works" - Content we own, authored, created, purchased, or licensed.