Terms and Conditions
Last Updated: May 7, 2015
These Terms and Conditions (“T&C”) govern the rules of Curayt, LLC, a Nebraska corporation (“Curayt”), and require you to abide by them if you want to use any Curayt services (“Services”). These terms and conditions establish a legal contract between Curayt and you. By using any Services, you expressly agree to oblige by the terms and conditions contained herein, along with any future amendments to these T&C that may be appended either on http://www.curayt.com or on our application. Continued use of our Services after any updates shall establish your consent to all changes to the T&C contained in such update. Upon such use of our Services, you become a Curayt “User,” “Advertiser,” and/or “Social Host,” as further described hereafter.
Curayt connects Advertisers and Social Hosts
Our Services enable a connection between those individuals and/or entities that desire to contract with someone to create advertisements or messages (“Advertisers”) and those individuals and/or entities seeking to display the created advertisements or messages on their social media site(s) (“Social Hosts”).
Advertisement Content Restrictions
When arranging an advertisement, an Advertiser must not include any content that contains any “Forbidden Item” as listed below, whether or not approved by a Social Host.
All Advertisers are forbidden from including in any Ad, either written or illustrative, the following items:
• illegal narcotics as deemed such by state and federal authorities;
• overly sexual or pornographic content;
• shocking or violent content;
• discriminatory content in relation to creed, sexual orientation, gender, race, or ethnicity;
• deceptive or misleading content;
• verbally or visually abusive content; and
• anything else deemed as inappropriate by Curayt
Curayt Is Not Liable for the Actions of Advertisers or Social Hosts
Our Services enable Advertisers and Social Hosts to contract for Ads. Nevertheless, Curayt is not responsible for the actions or inactions of any User, whether identified through or outside of our Services. As a User, you acknowledge and agree that Curayt does not have governance or liability for the legality, timeliness, or exactitude of any User, or the failure of any User to provide the requested services or payment. You agree that Curayt has no responsibility for any liabilities of an Ad.
Cancelation by Advertisers
If an Advertiser needs or wants to cancel an Ad, you agree that this may only be performed prior to a Social Host accepting it, in which event the Advertiser will receive a full refund. Otherwise, if a Social Host has accepted the Ad, the ad and the payment are non-cancellable and non-negotiable.
Cancelation by Social Hosts
If a Social Host needs or wants to cancel an accepted ad, please contact email@example.com in a timely manner. Otherwise, the said Social Host will be in breach of his/her contract with the Advertiser, and Curayt reserves the right to suspend, edit, or terminate such Social Host account.
Invoicing and Payment
Users of our Services create their contracts directly with other Users. Curayt is not a party to any agreements between Users. Users of our Services will be required to provide their credit card and/or PayPal account details to Curayt.
Advertisers will be responsible for paying the invoice for each Ad contracted for (“Invoice”), which will include the pricing terms of the Ad as agreed with and provided by a Social Host, including the 17% fee Curayt charges for use of its Services. Any fees that Curayt may charge an Advertiser or Social Host for their use of the Services are immediately due regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Services, whether planned or accidental. Curayt reserves the right to determine final prevailing pricing.
Curayt, at its sole discretion, may offer promotions with different features and rates to any of our Users. These promotional offers will have no bearing on your offer or contract, unless addressed to you. At its decision, Curayt may change the fees for our Services as is deemed appropriate. It is advised that all Curayt Users check our website periodically if you are interested in how we charge for the Services.
Users may be required to register with, agree to terms of, and go through a vetting process of a payment gateway. By accepting these Terms and Conditions, each User agrees that they have agreed to the terms of the payment gateway. Please note that Curayt is not a party to the terms of the payment gateways, and that you, the payment gateway, and any other parties listed in the payment gateway agreement are the sole parties of such arrangement. Curayt has no liability to any User under such arrangement.
Within 48 hours after a Curayt Administrator receives confirmation through the Services that a Social Host has posted the Advertiser’s Ad, the Administrator will transfer the proceeds for posting such Ad via payment gateway.
Curayt reserves the right to (i) place on hold any Ad payment, or (ii) refund, provide credits, or arrange for the payment gateway to do so. Users of our Services will be liable for any taxes (including VAT, if applicable) due to be paid on the User’s use of the Services or on any Ad payment received (other than taxes on Curayt’s income).
User Representations, Warranties, and Agreements
By using the Services, you explicitly state and warrant that you are legally eligible and have the right and ability to enter into the covenants set forth in these T&C. You agree that your participation in using the Services is for your personal and/or entity’s use. You may not transfer your user status to any other person or entity. You agree to comply with all applicable laws from the city, state, and country in which you reside while using the Services.
By using the Services in a jurisdiction that restricts the use of the Services or the creation of contracts because of age, you consent that you are at least 18 years old. If you are not of the minimum legal age, you must not use the Services.
You may only access the Services via the application. Curayt is not liable if you have an incompatible Device or if you have downloaded the wrong version of the Services for your mobile device (“Device”). Curayt reserves the right to terminate your use of our Services if you do so with an incompatible or unauthorized Device.
By using our Services, you agree that:
1. you will only create one User account;
2. you will create a safe and confidential User account password;
3. you will not impersonate any person or entity;
4. you will provide to Curayt all proof of identity that is soundly requested;
5. you will not proclaim yourself to be a representative or employee of Curayt;
6. you will only use the Services for lawful purposes and in accordance with all applicable laws and regulations;
7. you will not intimidate, threaten, harass, or infringe the rights of any Users or third parties;
8. you will not copy, sell, or distribute the contents of the Services (“Content”) without written permission from Curayt;
9. you will not accumulate any information about any User other than as permitted through the Services; and
10. you will not assist any third-party in any of the above.
Content License, Restrictions, and Copyright
Licenses Granted and User Content
Subject to your agreement with the terms and conditions in the T&C, Curayt grants you a limited and non-transferable license: (i) to view any Content that Curayt makes available through the Services, including any Content licensed from a third party (“Curayt Content”), but not including any Content that a User uploads or publishes to be made available through the Services, including any questions, feedback, comments, or other information about the Curayt Services (“User Content”); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these rights granted by Curayt.
License Granted by User
By providing any content to the Services, you hereby endow to Curayt a global, irrevocable, royalty-free license, with the right to view, use, copy, edit, license, sublicense, distribute, and otherwise exploit such content. Curayt claims no ownership rights in any content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your content.
You acknowledge and accept that you alone are responsible for all content that you make available through the Services. By providing any content, you signify that: (i) you are the exclusive owner of, or have a license to share, all content that you post, as prescribed under the T&C; and (ii) neither the content nor your providing of the content (or Curayt’s use of the content) will infringe a third party’s intellectual property rights or rights of publicity or privacy.
Curayt possesses ownership in the Curayt Services. Conditional upon your agreement with the terms and conditions of the T&C, Curayt hereby grants to you a restricted, non-transferable, and callable license to use the Services on any iOS mobile phone that you own or control and as allowed by the Usage Guidelines stated in the App Store Terms and Conditions (“Usage Guidelines”). This license does not allow you to use the Services on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Curayt that replace and/or supplement the Curayt application, unless such upgrade is attended by a separate license. In this case, the terms of that license will govern.
Curayt will terminate Users who repeatedly disregard or are reasonably believed to be repeatedly disregarding the rights of copyright holders. If you believe that any constituents on the Services infringe upon your copyrights, please email a description of the infringed work, the location of said infringed work, and your telephone number to firstname.lastname@example.org:
Intellectual Property Rights
Curayt owns the intellectual property rights in the Services absolutely and in their entirety. These rights include and are not limited to database rights, copyrights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights that are legally protectable. All other trademarks, logos, service marks, company, or product names set forth in the Services are the property of their respective owners.
While using the Services, any communications regarding the purchase of goods/services and the participation in promotions of third parties may occur. Any such activity is solely between you and the applicable third-party. It is your obligation to obey these third-party agreements. Curayt and its licensors shall have no liability for any such communications, purchases, or promotions between you and any such third party.
Protection from Violations
By using Curayt’s Services, you agree to hold Curayt and our third parties blameless for any liabilities and expenses (including legal fees) relating to your use of the Services. These include you:
1. breaching these terms and conditions;
2. failing to meet the contract terms you set with any Advertiser or Social Host; and
3. violating any laws.
Curayt has the right to terminate your participation in the Services, remove your information from our databases, warn our community of your actions, and refuse to provide our Services to you if you breach the terms of the T&C or any agreements contracted with Advertisers or Social Hosts; we cannot verify any information you provide during your application; we believe that your actions may cause financial loss or harm to Users, third-party providers, or Curayt.
Suspension and Termination of Curayt Services
Curayt may suspend, edit, or terminate your account if we suspect that you are breaching any our terms and conditions. Under any such circumstances, Curayt is not required to compensate you for any losses. Should an account remain inactive for 360 days, Curayt reserves the right to terminate it.
Disclaimer of Warranties and Limited Liability
Through use of the Curayt Services, you are not provided with any guarantees. We do not guarantee:
1. any outcomes that may be obtained from the Services;
2. that access to the Services will be unbroken or free from faults;
3. as to the timeliness, accuracy, or content of any Advertiser, Social Host, Ad, third party, or materials provided in connection with the use of the Services;
4. that the Services are free from viruses or other harmful components; and
5. that any personal information is secure or safe from misappropriations.
Curayt may give general notices on the Services or via electronic mail to the email address provided to Curayt.
Unless you gain approval from Curayt, you do not have the right to assign to any person or entity your responsibilities described in these T&C, the Advertiser Agreement, or the Social Host Agreement. A violation of any of the aforementioned may be used as grounds for account suspension, edition, or termination.
No partnership, joint venture, or business relationship exists between you and any User, third-party provider, or Curayt as a result of an agreed upon contract between an Advertiser and a Social Host. If any provision from these T&C, Advertiser Agreement, or Social Host Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining requirements shall be prescribed to the fullest extent under law. The failure of Curayt to enforce any right or provision in these T&C, Advertiser Agreement, or Social Host Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Curayt in writing. This T&C, the Advertiser Agreement, and the Social Host Agreement encompass the entire agreement between our Users and Curayt, and it supersedes all prior or simultaneous agreements between the parties regarding such subject matter.
Curayt Social Host Agreement
This Curayt Social Host Agreement is a part of Curayt’s Terms and Conditions (“T&C”). This Agreement uses the same capitalized terms as the T&C, unless otherwise defined below.
By using our Services, each Social Host, who owns a social media site account on which are displayed Ads for an Advertiser by contracting via Curayt’s Services, agrees that he/she:
1. is at least 18 years of age and has the authority to lawfully enter into the terms of this Agreement on his/her own behalf or on the behalf of an entity;
2. owns, or has the legal right to operate, the social media account used in an Ad;
3. will be solely responsible for any and all liability that may result or is alleged as a result of the usage of the social media account he/she uses for an Ad;
4. will not knowingly accept an Ad that contains Prohibited Items as mentioned in the T&C;
5. will not make any misrepresentation regarding Curayt, the Services, or his/her status as a Social Host, or otherwise seek non-voluntary compensation from any third-party, or engage in any other activity in a manner that is inconsistent with his/her obligations under this Agreement or the T&C;
6. while posting an Ad, will only use the social media account(s) that he/she has reported to Curayt;
7. will only accept Ads that have been contracted through the Curayt Services;
8. will only contract for an Ad (or other similar services) with a Curayt Advertiser through Curayt’s Services and will not engage in outside transactions with any User;
9. will not discriminate or harass anyone on the basis of race, ethnicity, creed, physical or mental disability, age, gender, or sexual orientation; and
10. agrees that this Agreement is made anew for each and every Ad accepted by him/her.
Curayt Advertiser Agreement
This Advertiser Agreement is a part of Curayt’s Terms & Conditions (“T&C”). This Agreement uses the same capitalized terms as in the T&C, unless otherwise defined below.
By using our Services, each Advertiser, whether a person or an entity, who contracts with a Curayt Social Host to post an Ad using Curayt’s Services, agrees that he/she:
1. is at least 18 years of age and has the authority to lawfully enter into the terms of this Agreement on his/her own behalf or on the behalf of an entity;
2. owns or otherwise has the authority to contract for the Ad and send all items contained in an Ad;
3. has not included in any Ad any Prohibited Items as mentioned in the T&C, whether consented to by a Social Host or not;
4. has specifically detailed and photographed all items included in the Ad to the Social Host, prior to the Social Host accepting the Ad;
5. will only contract for an Ad with a Curayt Social Host through Curayt’s Services and will not engage in outside transactions with any User;
6. will not discriminate or harass anyone on the basis of race, ethnicity, creed, physical or mental disability, age, gender, or sexual orientation; and
7. agrees that this Agreement is made anew for each and every Ad ordered by him/her.