Effective as of January, 2024
These Terms of Service ("Terms") are a legal contract between Cursor, LLC, ("us" or "our" or "we") and you ("you" and "yours"), and govern your use of our application Respawn Zone ("App") and all related websites, materials, tools, and services that we provide and, all of which collectively are referred to in these Terms as the "Services." The Services are operated by us and offered to you for your personal, non-commercial use and entertainment. Your use of the Services (including but not limited to accessing our website and using the App) is subject to these Terms and all applicable laws. If you do not agree to these Terms, you may not use the App or the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE CREATING AN ACCOUNT WITH US OR USING ANY OF OUR SERVICES. YOU CANNOT USE ANY SERVICES OR CREATE AN ACCOUNT IF YOU DO NOT ACCEPT THESE TERMS. BY CREATING AN ACCOUNT, USING ANY OF THE SERVICES, OR BY CLICKING "I ACCEPT", YOU AFFIRMATIVELY INDICATE THAT YOU HAVE: (i) READ AND ACCEPT THESE TERMS; (ii) AGREE TO BE BOUND BY THESE TERMS; AND (iii) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ("CLAIM") ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR APP, WEBSITE, OR ANY OTHER SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 9 BELOW. PLEASE READ SECTION 9 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
We reserve the right to change, revise, or otherwise modify these Terms at any time, with or without notice. We will strive to publicize and post any such changes through various channels, but it is solely your responsibility to review and read the Terms, as they may change from time to time. Continued use of the Services and use of the App means you accept and agree to be bound by the revised Terms. We strongly suggest that you periodically review these Terms for any changes.
If you violate any of these Terms or if we believe that you have violated these Terms, we may terminate your Account with or without notice, limit or restrict your access to the Services, and you may forfeit any funds in your Account or any prizes that you may have associated with your Account. Taking any action against you listed in this paragraph does not limit our ability to take any other action permitted by law or to pursue any other legal or equitable remedies that may be available, including without limitation damages and injunctive relief.
To be eligible for an Account, to use our Services, and play our App, you must: (i) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account creation; (ii) have the power and ability to enter into a contract with us; (iii) be physically located within the U.S. when accessing your Account and playing the App; (iv) be physically located within a U.S. state in which use of our Services and playing the App is unrestricted by that state's laws; and (v) at all times abide by these Terms. If you violate any of these requirements at any time, we may suspend or close your Account, prohibit your access to the Services, and you may forfeit any money associated with your accounts and any prizes. We may take these actions with or without notice.
To be eligible for an Account, to use our Services, and play our App, you must: (i) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account creation; (ii) have the power and ability to enter into a contract with us, as well as the ability to read and understand English and have read and understood these Terms in English; (iii) be physically located within a jurisdiction that does not prohibit the Services or the App and does not prohibit you from accessing the Services and playing the App; (iv) at all times abide by these Terms. If you violate any of these requirements at any time, we may suspend or close your Account, prohibit your access to the Services, and you may forfeit any money associated with your accounts and any prizes. We may take these actions with or without notice.
To register for a user account ("Account"), you must provide a valid email address that you personally control. You will be asked to create a password and be given the opportunity to create username. Please ensure that the username and password are kept secret, as you are responsible for all activity associated with your Account. We reserve the right, in our sole discretion, with or without notice, to reject, change, suspend, modify, or terminate your username.
You are the holder of the Account and are the sole person responsible for complying with these Terms. You are also the sole person entitled to the benefits associated with using the Account. You are prohibited from allowing any other person to (i) access your Account; (ii) use the Services through your Account; (iii) accept or use any prizes or other winnings. Your Account is not transferrable to any other person and may not be merged with any other account.
You agree to immediately notify us of any unauthorized use of your username, password, or Account, or any other security breach, whether actual, threatened, or suspected, associated with your Account or the Services.
As part of providing the Services, we will collect information location from the device you are using to access the Services. You may disable location access at any time on your device; however, certain Services (such as access to the App) requires us to verify location of the user, and accordingly your access may be limited or denied if we are unable to verify your location.
We may use the information you provide us (including but not limited to your email address) to send you periodic promotional materials, special announcements, and other related communications. You have the opportunity to opt out of these communications at any time.
We may at any time, with or without prior notice to you, (i) modify, suspend, or terminate your access to the Services (including the App) without any liability to you and for any reason (or no reason) whatsoever; (ii) interrupt access to the App and Services at any time and without liability for the purposes of maintenance, repairs, and patching.
To access the App and use our Services, you may be required to download certain software and associated program interfaces, license keys, and patches ("Software") on your device. By downloading the Software, you agree and understand that periodic updates may be necessary and if you do not allow access for the purposes of updates, the Software may no longer be usable and you may no longer be able to access the App.
Description and Nature of the App. The App provides you with the opportunity to participate in esports skill-based video game competitions against other players. Some competitions require you to pay an entry fee as a condition of participation and some offer a cash prize to the winners. ANY COMPETITION, TOURNAMENT, GAMEPLAY, OR OFFER IS STRICTLY VOID AND OF NO EFFECT IN ANY STATE, COUNTRY, OR OTHER JURISDICTION THAT PROHIBITS, RESTRICTS, OR REQUIRES A LICENSE FOR SUCH ACTIVITIES. Notwithstanding any status as a paying participant, no prize is awarded to winners who are younger than eighteen (18) years of age or participate from any Restricted Jurisdiction (as defined below) or participate from a jurisdiction where the awarding of a prize based on the participant's results in the competition is prohibited, illegal, or otherwise restricted.
By registering for an Account and using the App and Services, you represent and warrant to us that you have reviewed the laws of your state, country, and/or jurisdiction, and after such review, you have determined that such activities are not prohibited, restricted, or required to be licensed by any applicable law. You understand that we may rely on your representation, you are registering for an Account, using the App, and the Services at your own sole discretion and assume all associated risk. You further acknowledge and understand that you are not relying on us for any warranty or other representation regarding your compliance with applicable law, and you further acknowledge and understand that no representative of ours has the ability or the authority to make such a representation. Your ability to download the App and use the Services in your location does not mean that your actives are legal and we make no representation that your ability to download the App and use the Services constitute any sort of legal compliance. Further, you agree to comply with our Anti-Harassment Policy and understand that any violation of our Anti-Harassment Policy may result in suspension, closure, or revocation of your Account, forfeiture of any funds and/or prizes, and other actions against you as may be permitted by applicable law. We retain the sole and final discretion to determine whether our Anti-Harassment Policy was violated.
The App is an esports competition and tournament matchmaking service. We do not host any gameplay on any platform, nor do we have control over the gameplay, communication, or activity of any player. We are not responsible for the activities of any players using our App and Services and expressly disclaim any responsibility, warranty, or liability related to players' use of our App and Services.
You agree and represent that you own the necessary hardware and software (i.e. the games) to use in connection with our App and Services, and it is your sole responsibility to ensure the proper functioning of such hardware or software. We disclaim any responsibility for any damages or other impact to your hardware or software that you may experience while using our App and Services. You agree and represent to us that you are using a fully licensed version of all software and not engaged in any hacking, spoofing, pirating, intellectual property violation, or other illegal activity when using the hardware or software.
Our competitions may require you to stream or broadcast your gameplay on Twitch or other comparable streaming or broadcasting service. You assume sole responsibility with respect to such streaming, registration for an account, and compliance with all applicable terms and conditions. We have no control over any streaming service, its integrity, stability, functionality, others' (including players and spectators) interactions with you or the streaming service, and make no representations or warranties with respect to the same. We are not affiliated with Twitch, any related company, or any other streaming service.
Unless otherwise agreed to in an express separate writing signed by you and us, using our Services and our App, including the streaming or broadcast of any gameplay, you grant us a worldwide, perpetual, non-exclusive license to use, record, rebroadcast, and otherwise utilize any portion of such stream or broadcast for our promotional efforts, internal record keeping, compliance, and any other purpose. You agree to waive all copyright, trademark, intellectual property, privacy, and other rights and claims you may have against us related to your gameplay, stream, or broadcast.
You may add funds to your Account by making payment via an authorized payment method. We have the sole right to determine acceptable payment methods and to impose conditions, including additional fees, for the use of certain payment methods. Upon confirmation of payment, your Account will be credited with the amount of money you have paid. You may use the money deposited solely for the payment of entry fees for applicable competitions. Entry fees are payable in U.S. dollars. All entry fees are deemed prepaid and are a prerequisite to your participation in any competition. All entry fees paid to enter a competition are final and you are not entitled to a refund of those entry fees for any reason. Any funds that were deposited to your Account, but not used to pay for entry fees may be withdrawn upon request provided that you have entered at least one (1) competition. Withdrawal requests are subject to our verification and due diligence process, and we reserve the right to seek any additional information from you before approving your withdrawal request in compliance with all applicable laws (including anti-fraud and anti-money laundering laws). Once the withdrawal request is approved, you will be mailed a check for the withdrawn amount to the address that you have designed as part of the Account registration process.
The winners of various competitions may be awarded cash prizes. The amount of the cash prize is disclosed to the players and predetermined ahead of the start of each competition. Once a competition concludes, we will conduct an internal review to ensure fairness and technical soundness. Once our verification process concludes, and subject to our right to request additional information and these Terms, we will notify the winners and issue them their prizes via check mailed to the address that they have designated as part of their Account registration process or other payment method as may be agreed to by you and us.
If you are a United States resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your prizes total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your prizes any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but at all times you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws in your state, country, and jurisdiction.
As part of our promotional efforts, we may from time to time issue bonus or promotional funds that may be used for payment of entry fees. These bonus or promotional funds cannot be withdrawn, transferred, or converted into cash or any other asset for any reason. We reserve the right to set the rules for the use of such bonus or promotional funds, including expiration dates. In the event that you have any bonus or promotional funds associated with your Account at the time that you request a withdrawal of funds from your Account, you agree to forfeit all such associated bonus or promotional funds.
No maintenance fee will be assessed on any Account that is inactive (you have not entered into any competitions in the past 6 months) however, we retain sole discretion to determine when and if to terminate any inactive accounts.
We reserve the right, in our sole discretion, to request additional information from you before issuing a prize. Such additional information may be personally identifying information, such as your name, address, and social security number, to enable us to comply with our obligations under applicable tax laws. If you do not or refuse to provide the requested information, any prizes that you may have won will be forfeited. Additionally, we reserve the right to review each competition, verify your information and the information that you have provided, and conduct all due diligence that we may deem necessary before issuing your prize. The time that the review and verification process varies on a case-by-case basis, and shall be conducted in our sole discretion with no obligation or liability to you. If we determine, in our sole discretion, that the fairness or integrity of the competition was compromised, there was a technical issue, malfunction, or other problem that affected the outcome, we reserve the right to cancel the competition, cancel all prizes, and refund the entry fees to all participating players. Notwithstanding this provision, any violation of these Terms by you also permits us to freeze your Account and cause you to forfeit any deposited funds or any prizes, with or without prior notice.
You may not use, copy, reproduce, or redistribute the Services, Software, or App or related or derivative products or services without our express written permission. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use Services such as through server emulators or IP spoofing programs; (iii) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Services or App; (iv) interfering with any other party's use and enjoyment of Services and/or App (including cheating); and/or (iv) attempting to gain unauthorized access to third party accounts, the Service, Software, or the App.
By entering a competition within the App, players agree to be bound by these Terms and our decisions and interpretations with respect thereto, which shall be final and binding in all respects. We, in our sole discretion, may disqualify any entrant from a competition, refuse to award benefits or prizes and require the return of any prizes, if a player engages in conduct or otherwise utilizes any information that we deem to be improper, unfair or otherwise adverse to the operation of the App or is in any way detrimental to other players. These Terms further prohibit entering a competition if the entrant is:
In addition, conduct that would be deemed improper also includes, but is not limited to:
We reserve the right at any time to terminate and cancel any competition for any or no reason at all. Our termination and cancellation right is absolute and may be exercised before the competition begins, during the competition, or after the competition. Players who have paid entry fees for a terminated or cancelled competition will have their entry fees refunded through a credit to their account; however, we reserve the right to refuse refund to any player who violates these Terms.
Players further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a competition or accepting any prize, players, including but not limited to the winner(s), agree to indemnify, release and to hold harmless us, our affiliates and agents, as well as the officers, directors, employees, shareholders, attorneys, and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. We may, in our sole and absolute discretion, require a player to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded or receiving any prize. We are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a competition), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a competition; inability to access the our App, or any related Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof. We are not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a competition is not capable of running as originally planned, or if a competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a competition in accordance with these Terms or applicable rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion corrupts or affects the administration, security, fairness, integrity, or proper conduct of a competition, we reserve the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be given.
ANY ATTEMPT BY A PLAYER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries into a competition become our property and will not be acknowledged or returned. To be eligible to enter any competition or receive any prize, the player may be required to provide us with additional documentation and/or information to verify the identity of the player, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a player, we will, in our sole and absolute discretion, utilize certain information collected by us to assist in verifying the identity and/or eligibility of such player.
Participation in each competition must be made only as specified in these Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture. Where such competition is permitted by law, all players and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any competition or the App. Winners agree that from the date of notification by us of their status as a potential winner and continuing until such time when we inform them that they no longer need to do so that they will make themselves available to us for publicity, advertising, and promotion activities. We reserve the right to move and remove players from the competitions they have entered in certain situations determined by us in our sole discretion.
We offer the opportunity for players to communicate via chat in our App. All such communications are monitored and recorded by us, whether they are sent privately or publicly. We reserve the right to delete messages and we reserve the right to determine (in our sole and absolute discretion) whether the policy has been violated, and the appropriate sanction for the offending party, which may include termination of the account, a permanent ban, forfeiture of all account funds and any associated prize winnings. Your use of the chat function is subject to these Terms, including but not limited to the Anti-Harassment Policy set forth below.
As part of our Services, we offer players the opportunity to communicate through chat and similar functions associated with our App. We believe in a fair-play, discrimination-free, and harassment-free environment available to all and we take all allegations of misconduct and harassment seriously. We have a zero-tolerance anti-harassment policy and reserve the right to determine (in our sole and absolute discretion) whether the policy has been violated, and the appropriate sanction for the offending party, which may include termination of the account, a permanent ban, forfeiture of all account funds and any associated prize winnings. Without limitation, the following conduct is prohibited:
You understand and agree that laws and regulations regarding payment of prizes, participation in competitions, and playing the App ("Gaming Laws") vary between the various states in the United States and among the different countries of the world. At this time, we do not permit players to access or play any real-money entry fee competitions or receive any prizes from the following jurisdictions: Arizona, Louisiana, Montana, South Carolina, and South Dakota. ("Restricted Jurisdictions"). You agree that you will not access or play any real-money entry fee competitions or receive any prizes (or assist any other person in doing so) from a Restricted Jurisdiction. We do not make any representation or guarantee that your ability to access the Services or the App (or to pay entry fees or receive prizes) from outside the Restricted Jurisdictions complies with all applicable laws. It is your sole responsibility to determine your own compliance with all applicable laws.
It is your sole responsibility to determine whether there are any laws that prohibit or restrict your ability to access the Services, play the App, pay entry fees, and/or receive any prizes ("Other Laws"). Even if you are not in a Restricted Jurisdiction, it is your responsibility to verify all applicable federal, state, and local laws and regulations to ensure that your activities related to the Services and the App comply with all those laws and regulations. Regardless whether the Software permits your access, you may not access the Services or participate in the App if doing so (or if receiving any prizes) will be a violation of any law or regulation.
In consideration of accessing and/or using the Services (including the App), you represent and warrant that: (i) You have the right, capacity, and authority to agree to and to be bound by these Terms, to register for an Account, and to play the App and participate in related competitions; (ii) You will comply with these Terms; (iii) All of the information that you provide to us at the time of Account registration and as we may request from time to time is accurate and complete to the best of your knowledge, and you will promptly notify us in writing of any inaccuracies or incompleteness; and (iv) you are located in a jurisdiction (whether state, territory, or country) where it is not unlawful for you to access the App or the Services, and you may otherwise use the Services and play the App without violating any applicable federal, state, local, or other law or administrative regulation.
You agree that you will not engage in, attempt to engage in, or assist others engaging in any illegal or unlawful conduct related to or utilizing the Services, Software, or the App, including but not limited to fraud, cheating, hacking, tampering, or any other conduct in violation of applicable civil or criminal laws.
Before withdrawal of any funds from your Account, we will require you to verify your identity
through one of our identity verification methods, which we may designate and change in our
sole discretion from time to time.
(i) You may verify your identity by providing us
with a picture of yourself holding your drivers' license, passports, or other similar
government document.
(ii) We may also require you from time to time to execute documents,
including affidavits of identity, to ensure and verify your identity and compliance with our
policies.
You agree that you will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to (A) your breach of these Terms; (B) any or misuse of your Account, the Software, the Services, and the App by any person including yourself; (C) your violation of any applicable laws; and/or (D) your negligence, misconduct, or illegal activity that results in actual or potential liability to us.
Subject to these Terms, we grant you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software and play the App on a device owned or controlled by you, solely for the purpose of accessing and using the Services and playing the App in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software, the App, or its structural framework; (ii) create derivative works of the Software or the App; (iii) use the Software or the App in whole or in part for any purpose except as expressly provided in these Terms; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software or the App. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software or App in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software or the App that is under your possession or control.
All Services, Software, App, and related materials, all logos, symbols, expansion names and symbols, play symbols, trade dress or "look and feel", all digital assets and those portions of the Software and Services which are our property as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of our Services, Software, or playing the App does not convey or imply the right to do so in combination with any other information or products.
IN NO EVENT SHALL WE, OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, ATTORNEYS, OR REPRESENTATIVES, BE LIABLE:
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCTS OR SERVICES, INCLUDING THE APP, GOVERNED BY THESE TERMS.
If you have a dispute with one or more users or players related to the App (or users of the Services or Software), you release us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition to your indemnification obligations in Section 6, you agree to indemnify and hold us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.
We respect the intellectual property of others and expect our users and players to do the same. If you believe that there has been a violation of your copyright, trademark, or any other intellectual property rights, please follow the procedures in this section to notify us.
We will process and investigate notices of alleged infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. A notification of alleged copyright infringement should be emailed and addressed to Cursor, LLC Copyright Agent at: hello@respawn.zone (Subject Line: "DMCA Takedown Request"). You may also send your DMCA request by United States Postal Service, Federal Express or United Parcel Service to: Cursor, LLC (Attention: DMCA Takedown Request), c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801.
In accordance with the DMCA, the notification must be in writing and contain the following information:
If you receive a notice of infringement from us, and believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to our Copyright agent (at the contact information set forth in subsection B above):
If a counter-notice is received by our Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user alleged to have committed copyright infringement, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, as may be appropriate and in our sole discretion, the Account and access of users or players who are deemed to be repeat infringers. We may also at our sole discretion limit access and/or terminate the participation of any users or players who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All rights reserved to the respective owners and licensees of all intellectual property. Xbox and Xbox One and Xbox Series X are registered trademarks of Microsoft Corporation. Microsoft Corporation is not affiliated with us. PlayStation and PlayStation 4 and 5 are registered trademarks of Sony Computer Entertainment. Sony Computer Entertainment is not affiliated with us. All other trademarks and other intellectual property are the property of their respective owners. We do not make any representation, either express or implicit, of endorsement, affiliation, or association with any game system manufacturer or any game developer, distributor, or publisher.
These Terms are the entire agreement between you and us. There are no other agreements, and any prior agreements, arrangements, or understandings have been merged into these Terms. Our Privacy Policy is expressly incorporated into and made a part of these terms pursuant to subsection E.
To the extent that any part of the Terms (including the incorporated Privacy Policy and the Staking Addendum referenced below) is found to be unenforceable or invalid by a court, the unenforceable or invalid portion shall be severed from the rest of the Terms, and the remaining Terms shall be given their full effect to the maximum extent possible and to the maximum extent permitted by law.
You agree that we may provide any and all notices to you via email at the email address you provide at the time of Account registration, and that all such notices shall be deemed given at the time that they are sent.
We may assign these Terms at our discretion, in whole or in part, at any time without any notice to you. You may not assign these Terms or any license given to you by us in relation to the Terms.
These Terms incorporate our Privacy Policy, as if the Privacy Policy were set forth in its entirety here. The Privacy Policy explains the policies put in place and used by us to protect your privacy as you play the App or otherwise use our Services. We receive, store and use all information that you submit to us and all information you submit in registering for an Account and using the App, in accordance with the Privacy Policy, so please read it carefully. Like these Terms, the Privacy Policy may change from time to time, and your continued access to your Account, use of the Services and the App indicates your acceptance of the Privacy Policy as amended, and thus it is important for you to periodically access and review the Privacy Policy.
We now offer staking as part of our App. If you decide to participate in staking, either as a player (backed by others) or as a backer supporting players, you agree to the terms of the Staking Addendum, which is incorporated in these Terms, as if fully set forth in its entirety here. Like these Terms, the Staking Addendum may change from time to time, and your continued participation in the staking aspects of the App indicates your acceptance of the Staking Addendum as amended, and thus it is important for you to periodically access and review the Staking Addendum.