Terms Of service

CurlyBlue LTD, a Hong Kong private limited company (“CurlyBlue”, “we,” “us,” “our,” and their derivatives) provides Shmackle™ and other games, including any playtest program (collectively, our “Games”), website, including www.curlyblue.com and its respective subdomains (collectively, our “Websites”), and other online services (with our Games and Websites, collectively our “Services”).

THESE TERMS OF SERVICE (THESE “TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU WHEN USING OUR SERVICES. PLEASE READ THEM CAREFULLY BECAUSE THEY GOVERN YOUR USE OF OUR SERVICES.

ARBITRATION NOTICE (UNITED STATES USERS ONLY): UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 21 (ARBITRATION AGREEMENT), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND CURLYBLUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

By using any of our Services, you agree to be bound by these Terms https://www.curlyblue.com/terms-of-service/ and our Privacy Policy https://www.curlyblue.com/privacy-policy/ (the “Privacy Policy”). Our Privacy Policy is incorporated by reference into these Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CURLYBLUE FOR USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “CHILD”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS. BY PERMITTING A CHILD TO USE THE SERVICES, A CHILD’S PARENT OR GUARDIAN BECOMES SUBJECT TO THESE TERMS AND AGREES TO BE RESPONSIBLE FOR ALL OF THE CHILD’S ACTIVITIES ON THE SERVICES, INCLUDING THE PURCHASE OF ANY VIRTUAL CONTENT.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Any time we make changes to the Terms, we will change the “Effective Date” of the Terms, which appears at the top. You are expected to check this page from time to time, so you are aware of any changes. If you continue to use our Services, following the posting of revised Terms, you are signifying that you accept and agree to the changes.

All personal information we collect through our Services is subject to our Privacy Policy https://www.curlyblue.com/privacy-policy/. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information.

If you want to use our Games, you must have a valid Quest® account (“Account(s)”). We do not administer Accounts, rather, they are administered by Meta®. Each Account is subject to the relevant third party’s terms and conditions, and you agree to abide by those terms while using any of our Games. You are responsible for all activities that occur under any Account associated with you, regardless of whether you know about them. We will not be liable for any loss that you may incur because of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by CurlyBlue or third parties due to someone else’s use of your Account. Later versions of our Games may require that you establish a different
account with us, and additional terms and restrictions will then apply.

In accordance with the policies of Meta, Shmackle is available to Quest 3, Quest 3S and next-gen headset users at least 10 years of age who access Shmackle using a Parent-Managed Account, and Rift® users at least 13 years of age.

If a Parent does not consent to a Child’s access to and use of the Services, or does not verify the Parent’s consent through the Meta consent process, CurlyBlue will bar that Child’s access to and use of the Services, and ensure that such Child’s information is not accessible through the
Services. If a parent has consented to a Child’s use of the Services but wishes to rescind such consent, the parent should contact us a support@curlyblue.com to submit the request. We will discontinue that Child’s access to and use of the Services and ensure that such Child’s
information is no longer accessible through the Services.

If we are notified that you are an underage user of our Games, or access Shmackle without using a Parent-Managed Account as required by Meta, your Account will be banned.

If you become aware of an underage user of our Games, or a user who has accessed Shmackle without using a Parent-Managed Account as required by Meta, please contact us by completing a support ticket at https://discord.gg/jmancurly or emailing us at support@curlyblue.com so we
may remove their Account and relevant personal information.

All aspects of our Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying our Services, are owned by Julian Elchakieh, his licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

CurlyBlue™, Shmackle™, and all related names, logos, product and service names, designs, and slogans are trademarks of Julian Elchakieh or his affiliates. You must not use such marks without our prior written permission, and we reserve all rights. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

While playing the Games, you may be able to access and purchase “Shmackles”, the virtual currency of Shmackle, and virtual drip accessories to enhance your appearance (“Drip”). Only Users who have reached the age of majority in their jurisdiction or state of residence, or have obtained the appropriate parental consent, may engage in financial transactions on the Services, such as purchasing Shmackles or Drip.

When purchasing Shmackles or Drip, you (or your parent, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the transaction. If you purchase Drip using Shmackles, the Shmackles are collected through the Services and immediately deducted from your Account balance. All transfers – either by direct purchase or exchange of Shmackles – are final and, unless otherwise permitted by CurlyBlue or required by law, non-refundable and non-reversible. If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify CurlyBlue as soon as possible by completing a support ticket at https://discord.gg/jmancurly or emailing us at support@curlyblue.com. CurlyBlue reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Shmackles or Drip.

Shmackles and Drip are for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Shmackles or Drip. Anybalance of Shmackles or Drip does not reflect any stored value and you agree that Shmackles and Drip have no monetary value and do not constitute currency or property of any type. Shmackles and Drip can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Shmackles and Drip from us and through means provided by us, and not from any third party unless expressly authorized. When you purchase Shmackles or Drip from an authorized third party, CurlyBlue is not a party to the transaction and your purchase will be governed by the third party’s payment terms and conditions. Please review the applicable third party’s terms of service for additional information. Once you acquire a license to Shmackles or Drip, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Shmackles or Drip, or the termination of your Account.

As set forth below, all Shmackles, Drip, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Shmackles and Drip are final and that we will not permit exchanges or refunds for any unused Shmackles or Drip once the transaction has been made. Generally, we have the right to offer, modify, eliminate, and/or terminate Shmackles or Drip and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Shmackles or Drip, we will provide you with reasonable advance notice by posting a notice through the Services or through other communications.

These Terms permit you to use our Services and view and use the content contained in our Services for your personal, non-commercial use only. As to our Games, the license contemplated by this Section 7 (Limited License to Use our Services) gives you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, and limited license to use one copy of each of our Games for your personal, non-commercial use. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to our Games by us or one of our third-party publishers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in our Services. You must not access or use for any commercial purposes any part of our Services or materials available through them. No right, title, or interest in or to our Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by CurlyBlue and/or Julian Elchakieh. Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may elect to informally provide us with comments or suggestions from time to time about our Services and Games, issues arising during your use of them, and how we can improve them (“Feedback”). You agree CurlyBlue will own, and you hereby assign to CurlyBlue, your intellectual property rights in and to all Feedback. CurlyBlue is free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided by you, royalty-free and entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to do, or encourage anyone else to do, the following:

a. disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) our Services, or interfere with anyone else’s use of our Services, including, but not limited to, introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attacking our Services via a denial-of-service or distributed denial-of-service attack;

b. exploit, harm, threaten, or harass anyone, or engage in any other conduct that affects anyone else’s use or enjoyment of our Services or may harm CurlyBlue, as determined by us;

c. engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind;

d. cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts, sharing accounts, changing your age in any Game, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), or selling or trading accounts;

e. use our Services, or any portion thereof, to send advertising or promotional material or for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;

f. use our Services to submit or link to any content that is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.

g. impersonate or attempt to impersonate CurlyBlue or anyone else.

h. use our Services in any way that violates applicable laws, or use our Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;

i. collect or store any personal information from our Services from other users of our Services, without their express permission;

j. remove any copyright, trademark, or other proprietary rights notices contained in or on our Services;

k. use, display, mirror, or frame our Services or any individual element within our Services, use CurlyBlue’s name, any CurlyBlue or Julian Elchakieh trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without CurlyBlue’s express written consent;

l. use any robot, spider, or other automatic or manual device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;

m. modify, adapt, translate, or reverse engineer any portion of our Services, or use any manual process to monitor or copy any of the material on our Services for any unauthorized purpose; or

n. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, including any server on which our Services are stored, or any server, computer, or database connected to our Services;

Although CurlyBlue is not obligated to monitor access to or use of our Services, we have the right to do so for the purpose of operating and updating our Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of our Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using our Services to be objectionable or in violation of these Terms. If you are removed, disabled, or suspended from accessing our Games, you are not eligible for any refunds associated with that Game, including any in-game purchases. We have the right to investigate violations of these Terms or conduct affecting our Services, including consulting and cooperating with law enforcement to prosecute users who violate the law.

To ensure our Services are a safe and welcoming space for all users, you agree to report to us any users you believe are violating any of the foregoing prohibitions by completing a support ticket at https://discord.gg/jmancurly or emailing us at support@curlyblue.com.

While you are using our Games, please be aware of your surroundings and play and communicate safely. You agree that your use of the Games is at your own risk, and it is your responsibility to maintain such insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Games.

CURLYBLUE IS NOT LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY, OR DEATH THAT MAY OCCUR AS THE RESULT OF YOUR FAILURE TO REVIEW THE HEALTH AND SAFETY PRECAUTIONS OR AS A RESULT OF THE INTERACTIONS BETWEEN YOU OR YOUR FAMILY MEMBERS AND PEOPLE OR OBJECTS IN OR AROUND THE PLAY AREA DURING YOUR USE OF OUR GAMES.

The below should be reviewed before use of our Games. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of our Games may involve other health and safety risks not contained below.

a. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including our Games. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing our Games. Stop playing our Games and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision, involuntary movements, or disorientation. CurlyBlue is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or because of your use of our Games. To reduce the likelihood of a seizure or epileptic symptoms, do not play our Games when tired or need sleep, and take 10- or 15-minute breaks every 30 minutes while playing our Games.

b. Motion Sickness. Playing video games (especially virtual reality games), including our Games, may cause motion sickness in some users. If you feel dizzy or nauseous when playing our Games, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activities until you feel better. To limit the risk of motion sickness while playing our Games, do not use our Games when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues that may increase your susceptibility to adverse symptoms.

c. Repetitive Motion Injuries and Eyestrain. Playing video games, including our Games, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain: avoid excessive play; take a 10- to 15-minute break every 30 minutes while playing our Games; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing our Games, stop playing and consult a doctor.

d. Play Area Precautions. Give yourself plenty of room to play our Games. Always be aware of your surroundings when playing our Games. While playing our Games in virtual reality, you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using our Games. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing our Games should be removed from the play area prior to you playing our Games. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of our Games. Never handle sharp or dangerous objects while playing our Games. Due to the immersive nature of our Games, sound volumes should be kept at low enough levels so that you are able to maintain awareness of your surroundings while playing our Games and so as not to damage your hearing. You should not use our Games if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.

We want our games to have an active and excited community of users. To encourage community growth and development, we hereby grant each valid user of our Games (“Broadcasting User”) a personal, non-exclusive, non-transferable, revocable, and limited license to broadcast such Broadcasting User’s unique gameplay (“Broadcasted Content”).

In furtherance of your exercise of the foregoing limited license, you should obtain the consent of other users who participate in gameplay with you for their parts in your Broadcasted Content. To the extent a user subsequently revokes permission, our license with respect to Broadcasted Content, including that user, is revoked.

The above limited license is subject to the additional conditions:

a.  a Broadcasting User may only broadcast their own gameplay;

b. all Broadcasted Content must otherwise comply with these Terms
https://www.curlyblue.com/terms-of-service/ and our Privacy Policy
https://www.curlyblue.com/privacy-policy/;

c. Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines; and

d. CurlyBlue may revoke a Broadcasting User’s license to broadcast for any or no reason and without notice.

Any user may revoke their permission to be included in Broadcasted Content by providing written notice to the applicable Broadcasting User of their decision to revoke (“Revocation Notice”). Without any obligation to do so, CurlyBlue may also provide Revocation Notices, on a case-by-case basis, on behalf of users. Upon receipt of a Revocation Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the user who revoked. CurlyBlue does not assume any responsibility for ensuring compliance with the foregoing.

CurlyBlue may, at its sole discretion, invite you to participate in a Shmackle Play Experience Test (SPET) to help evaluate and improve our Games. If you do not enter into a separate written agreement with CurlyBlue regarding your participation in SPET, you agree that this Section 12 (Shmackle Play Experience Test) will govern your participation.

As a consideration for your full participation in SPET and compliance with your obligations below, CurlyBlue may, at its sole discretion, provide you with an in-game reward, as determined by CurlyBlue. If rewards are provided, all participants in SPET will receive identical or substantially similar rewards.

As a participant in SPET, you may have access to confidential, pre-release materials and information about our Games. YOU AGREE TO KEEP SUCH INFORMATION STRICTLY CONFIDENTIAL. You are prohibited from sharing, copying, disclosing, distributing, streaming, publishing, transmitting, posting, or otherwise making available to any third party, directly or indirectly, any non-public information that (a) we disclose to you, (b) you disclose to us, or (c) you otherwise learn as a result of your participation in SPET. Failure to comply with these confidentiality requirements will result in the banning of your Account. You may be asked to provide us with Feedback based on your experiences during SPET. You agree that CurlyBlue will own, and you hereby assign to CurlyBlue, all intellectual property rights in and to any Feedback you provide.

While participating in SPET, CurlyBlue grants you a personal, non-exclusive, non-transferable, revocable, and limited license to use our Games, along with any related documents, information, materials, or communications, solely for the purpose of participating in SPET and providing Feedback about your experience. Any use of our Games or confidential SPET-related information outside these expressly permitted purposes is strictly prohibited.

CurlyBlue reserves the right, but is not obligated, to remove, disable, or suspend your participation in SPET at any time, without notice and for any reason or no reason. Additionally, CurlyBlue reserves the right to withdraw or modify SPET at its sole discretion and without notice. CurlyBlue will not be liable to you if all or any part of SPET becomes unavailable at any time or for any reason.

CurlyBlue retains ownership and all applicable rights in SPET, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

We reserve the right to withdraw, modify, suspend, or discontinue any of our Services in our sole discretion and without notice. Our Services are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period.

We may, from time to time, provide enhancements or improvements to the features or functionality of our Games, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features or functionalities of our Games. You agree that we have no obligation to provide any updates or continue to provide or enable any feature or functionality of our Games.

We do not warrant the accuracy, completeness, or usefulness of any information made available through our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of our Services, or by anyone who may be informed of any information made available through our Services.

Our Services may display, include, or make available third-party content (including data, information, links, applications, and other products or services). This third-party content is provided for your convenience only. We have no control over third party content and accept no responsibility for third-party content or for any loss or damage that may arise from your use of such third-party content.

In addition, third-party content that may be displayed may not be available in all languages or in all countries. CurlyBlue makes no representation that such content is appropriate or available for use in any location. To the extent you choose to access such content, you do so at your own initiative and risk and are responsible for compliance with any applicable laws.

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.

We may terminate your access to and use of our Services, at our sole discretion, at any time and without notice to you. Upon termination, all provisions regarding CurlyBlue’s limitation of liability and Sections 5 (Intellectual Property Rights), 8 (Feedback), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnification), 21 (Arbitration Agreement), 22 (Waiver and Severability), and 23 (Entire Agreement) will survive such termination.

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING OUR GAMES AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES ARE PROVIDED BY CURLYBLUE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CURLYBLUE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CURLYBLUE NOR ANYONE ASSOCIATED WITH CURLYBLUE REPRESENTS OR WARRANTS THAT OUR SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING OUR GAMES AND SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM CURLYBLUE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND THAT CURLYBLUE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF OUR SERVICES. CURLYBLUE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CURLYBLUE OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, CONTRACTORS, AGENTS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE OUR SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CURLYBLUE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE OUR SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SERVICES, EXCEED THE AMOUNT YOU HAVE PAID TO CURLYBLUE IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO CURLYBLUE DURING SUCH TIME, YOUR SOLE REMEDY (AND CURLYBLUE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH CURLYBLUE IS TO STOP USING THE SERVICE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CURLYBLUE AND YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless CurlyBlue, its affiliates and their respective officers, directors, employees, shareholders, members, contractors, agents, licensors, licensees, service providers, suppliers, successors, and assigns (each, an “Indemnified Party”) from and against any and all loss and damage, including, without limitation, reasonable fees and costs of counsel, incurred by any Indemnified Party in any claim, action, or proceeding arising out of or in connection with your violation of these Terms or your use of our Services. You agree to reimburse the Indemnified Party on demand and after the Indemnified Party provides reasonable proof for any payment made or loss suffered to which the foregoing indemnity applies.

This Section only applies if you are accessing, using, or have purchased the Services in the United States.

PLEASE READ THIS SECTION 21 (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION 21 (ARBITRATION AGREEMENT) ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

a. Arbitration. You and CurlyBlue agree that any dispute, claim, or controversy between you and CurlyBlue, including, without limitation, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the Services (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator will also be responsible for determining all threshold arbitrability issues, including, without limitation, issues of arbitrability, issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including, without limitation, waiver, delay, laches, or estoppel.

b. Injunctive or Other Equitable Relief. Notwithstanding anything to the contrary herein, each party retains the right to bring an individual action in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. In addition, (i) the parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (including anti-circumvention claims or any other related statutory rights) (an “IP Equity Action”), and (ii) CurlyBlue retains the right to bring an action in a court of competent jurisdiction arising out of or relating to your violation of Section 9 (Prohibited Uses). You agree any Disputes arising out of or related to (i) and (ii) will be governed by Delaware law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such Disputes will be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Dallas County, Texas.

c. Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Game Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, the arbitration may be conducted solely based on documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in Dallas, Texas, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

d. Class Action and Jury Trial Waivers. You acknowledge and agree that you and CurlyBlue are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. Further, unless both you and CurlyBlue otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Subsection (c) (Class Action and Jury Trial Waivers) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement will be deemed null and void in its entirety, and you and CurlyBlue will be deemed not to have agreed to arbitrate the Disputes. Except as provided in the preceding sentence, this Section 21 (Arbitration Agreement) will survive any termination of these Terms. To the extent that any Disputes are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such Disputes must be governed by Delaware law and controlling United States federal law, and litigated in the state or federal courts located in Dallas County, TX, and the parties agree that litigation of those Disputes will be stayed pending the outcome of any individual Disputes in arbitration. Notwithstanding the foregoing, you or CurlyBlue may participate in a class-wide settlement.

e. Opt-out Procedures. To opt-out of this Arbitration Agreement, you must send CurlyBlue a written opt-out notice (“Opt-Out Notice”) by email at support@curlyblue.com within 30 days from the Effective Date or the date that you first accessed the Services, whichever is later (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address, a clear statement that you wish to opt-out of this Arbitration Agreement, and your (or your legal guardian’s) signature. If your Opt-Out Period has passed, you are not eligible to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other provisions of these Terms will continue to apply to you. Opting out of this Arbitration Agreement will have no effect on any future arbitration agreements you may enter with CurlyBlue. As stated above, if you do not opt-out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement. If you timely provide CurlyBlue with a valid Opt-Out Notice, you agree that all Disputes will be governed by Delaware law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such Disputes will be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Dallas County, TX.

f. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. You and CurlyBlue agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, in the event of a Dispute, you and CurlyBlue each agree to send the other party a written Notice of Dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to CurlyBlue must be emailed to support@curlyblue.com (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the Services; and (iv) a personally signed statement from the claimant or guardian (when appropriate), and not their counsel, verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. CurlyBlue will send any Notice of Dispute to you at the email address (or another form of contact information) it has for you. After receipt of a Notice of Dispute, the parties will engage in a good faith effort to resolve the Dispute for a period of sixty (60) days (which can be extended by agreement). You and CurlyBlue agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period), and both parties will attend (with counsel, if represented). You and CurlyBlue agree that the parties (and counsel, if represented) will work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. Compliance with this mandatory Notice and informal dispute resolution procedure is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines will be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection (f) (Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure). If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this Subsection (f) (Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure) limits the right of a party to seek damages in arbitration for non-compliance with this Section 21 (Arbitration Agreement).

g. Confidentiality. The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

h. Opt-out of Future Changes to the Arbitration Agreement. Notwithstanding the provisions of Section 1 (as it relates to changes to these Terms), if CurlyBlue makes any future material changes to this Arbitration Agreement, you may reject any such change by sending an email to support@curlyblue.com within thirty (30) days of the date of the posting of that change that provides (i) your full legal name and (ii) a description of the change(s) you are rejecting. This will not qualify as an Opt-Out Notice. To opt-out of the entire Arbitration Agreement, you must comply with Subsection (d) (Opt-Out Procedures).

This section only applies if you are accessing, using, or have purchased the Services outside of the United States.

Any Dispute or claim by you arising with respect to these Terms shall be: (i) governed by the laws of Hong Kong without regard to conflict of law provisions, and (ii) referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with its arbitration rules (“HKIAC Rules”) in force at the time of delivery of the arbitration notice. The arbitral award is final and binding upon both parties. CurlyBlue and you agree that no arbitration may be commenced without first undertaking the Informal Dispute Resolution Procedure set forth in Section 21(f) and incorporated herein. Failure to abide by the Informal Dispute Resolution Procedure may result in an injunction barring the filing or continued prosecution of the arbitration.

If you are a user in any country that does not allow such arbitration agreements, the above notice does not apply to you. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Hong Kong and governed by the laws of Hong Kong without regard to conflict of laws provisions. You hereby consent to and waive all defenses with respect to venue and jurisdiction, whether by arbitration or judicial judgment as stated.

Notwithstanding anything to the contrary herein, each party retains the right to bring an individual action in small claims court (or its equivalent) seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. In addition, (i) the parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (including anti-circumvention claims or any other related statutory rights) (i.e., an IP Equity Action), and (ii) CurlyBlue retains the right to bring an action in a court of competent jurisdiction arising out of or relating to your violation of Section 9 (Prohibited Uses). You agree any Disputes arising out of or related to (i) and (ii) will be governed by Hong Kong law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such Disputes will be subject to the exclusive jurisdiction of, and you consent to venue in, the courts of Hong Kong.

No waiver by CurlyBlue of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CurlyBlue to assert a right under these Terms will not constitute a waiver of such right.

If any provision, or portion thereof, of these Terms is held by an arbitrator appointed pursuant to the terms of Section 21 or Section 22 above or a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision, or portion thereof, will be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remaining provisions of these Terms will continue in full force and effect.

These Terms, together with our Privacy Policy https://www.curlyblue.com/privacy-policy/, constitute the sole and entire agreement between you and CurlyBlue regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

CurlyBlue respects copyright law and expects its users to do the same. It is CurlyBlue’s policy to terminate in appropriate circumstances Accounts who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

If you have any questions about our Services or these Terms, please contact us by completing a support ticket at https://discord.gg/jmancurly or emailing us at support@curlyblue.com. If you are a law enforcement agency, please email us at support@curlyblue.com with the subject line “Law Enforcement Request.”