Terms & Conditions

Terms & Conditions
Terms of Use
Effective February 19, 2021
 
Note: The WhyPayAll Terms of Use have been updated and are now governed by the terms of its parent company, Curious Labs. Please review the updated Terms of Use carefully before using our Services. By using any of the Services, you consent to the terms of the updated Terms of Use.
 
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.
 
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
 
SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
 
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
 
General
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively, the “Services”) operated by Curious Labs, LLC and its subsidiaries (collectively “Curious Labs” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”
 
These Terms cover the following Curious Labs websites and mobile applications:
 
Curious Labs
WhyPayAll
Eve Essential Oils
SandBox
 
We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Curious Labs as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
 
COPPA: The Services are directed to teenagers and adults and are not directed to children under the age of 13. You must be 13 years of age or older to use the Services outside of the European Union and European Economic Area, and 16 years of age or older in the European Union and European Economic Area. Curious Labs complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Services, you represent and warrant that you are 13 years of age or older or, if you reside in the European Union or European Economic Area, 16 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Services (“Member”). Creating a Member account if you are under the age of 13 outside of the European Union and European Economic Area or 16 in the European Union and European Economic Area, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by Curious Labs.
 
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
 
By using the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the registration form for a Service (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. In the event you compose a profile upon registering for the Services (a “Member Profile”), such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do by clicking here to opt out.
 
For Shopping Services: Certain of Curious Labs sites allow you to purchase products (“Products”). Such Products and pricing on the sites may change at any time in the sole discretion of Curious Labs, without prior notice to you. You agree that you will only purchase Products on the sites for your own use and enjoyment or as a gift for another person, that all information you submit through the sites is complete, accurate, current and true and that you are not barred from receiving Products under applicable law. Some Products you purchase may be used or contain used parts. Certain software or other materials that you purchase through our sites may be subjected to further export controls. You agree to comply with all applicable export and re-export restrictions, laws and regulations and will not encourage, assist, or authorize the transfer of such products to a prohibited country in violation of law, rule or regulation. Please be advised that our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt, we may accept, decline, or place quantity restrictions or other limits on your order for any reason in our discretion. If we charge you for an order that has been canceled, we’ll refund you the full amount of the canceled portion of such order. While we strive to make all information on our sites as accurate as possible, we do not warrant that Product descriptions or other content is accurate, complete or error free. Promotions are subject to change and we cannot confirm the availability or price of an item until you place your order. For more information please see our return policy. Please also be advised we do not operate a call center. All inquiries should be addressed to [email protected] and [email protected]
 
For WhyPayAll Cash Back Services:
 
General. By participating in a WhyPayAll Online Cash Back Rewards Offer and/or In-Store Cash Back Rewards Offer (each, a “Promotion”), you agree to be bound by these Cash Back Rewards and Wallet Terms (these “Promotion Terms”) in addition to the rest of the Curious Labs Terms of Use and Privacy Policy. In the event of a con?ict between these Promotion Terms and the Curious Labs Terms of Use, these Promotion Terms will control. All features may not be available and WhyPayAll reserves the right in its sole discretion to end any Promotion or other program.
 
Definitions.
“Activated Rewards O?er” means a Rewards O?er for a Promotion that has been initiated by you but is not yet completed. In-Store Cash Back receipt scanning Rewards O?ers may activate when you submit a Receipt after a Qualifying Transaction during the Promotion Period. For other Rewards O?ers, activating such Rewards O?er requires at a minimum clicking the Promotion Link or Link Cash Back Button, and may require additional steps as described on the Promotion Landing Page.
 
“Approved Reward” means a Reward o?ered under an Activated Rewards O?er for which WhyPayAll has determined that you: (1) met the eligibility requirements; (2) completed the required purchase(s); and (3) satis?ed all other applicable conditions in order for the Reward to become eligible for redemption.
 
“Bonus Reward” means a bonus Reward o?ered to certain WhyPayAll members who complete a qualifying activity or who meet certain criteria, as de?ned in a Rewards O?er Card or Promotion Landing Page, in addition to or in combination with o?ers for Online Cash Back Rewards, or In-Store Cash Back Rewards.
 
“Excluded Items” means any and all items that fall within categories, if any, speci?ed on the Promotion Landing Page or in the Rewards O?er Card (e.g., the “details” section) as being excluded from the Minimum Purchase Amount. The determination of whether particular purchases fall within an excluded category will be determined at WhyPayAll’s sole discretion. If you are unsure whether a desired item falls within an excluded category, check the details section of the applicable Rewards O?er Card and direct any questions to the “Contact Us” form prior to making your online purchase.
 
“In-Store Cash Back Rewards” means Rewards that WhyPayAll provides after receiving a Receipt from Quali?ed Transaction and may sometimes be referred to as “In-Store Cash Back” or “In-Store Cash Back Rewards” on the WhyPayAll website or app, or on the Promotion Landing Page.
“Link Cash Back Button” means a virtual button provided on the Promotion Landing Page or Rewards O?er Card that allows you to activate a Rewards O?er. In some cases, clicking the Link Cash Back Button may also direct you to the Merchant’s website.
 
“Merchant” means the merchant that is speci?ed on the Promotion Landing Page.
 
“Minimum Purchase Amount” means the amount speci?ed on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Rewards O?er. The Minimum Purchase Amount excludes discounts/promos, store points/rewards programs, tax, tip, fees, and any amount used to purchase Excluded Items.
 
“Number of Rewards O?ers per Person” means (a) for Online Cash Back Rewards, a limit of twenty (20) Rewards O?ers in the aggregate under all WhyPayAll Promotions in any calendar month and a limit of seven (7) Rewards per Merchant in any calendar month and (b) for In-Store Cash Back Rewards, a limit of ?fteen (15) Rewards O?ers in the aggregate under all WhyPayAll Promotions in any calendar month, unless otherwise speci?ed in the Promotion Landing Page.
 
“Online Cash Back Rewards” means Rewards that WhyPayAll tracks through your Internet browser (e.g., tracking cookies) and may sometimes be referred to as “Online Cash Back” on the WhyPayAll website or app, or on the Promotion Landing Page.
“Promotion Landing Page” means the website or app page that describes the Promotion and links to these Promotion Terms.
 
“Promotion Link” means the hyperlink provided on the Promotion Landing Page of an Online Cash Back Rewards O?er that directs you to the Merchant’s website.
“Promotion Period” means the period beginning on the start date speci?ed on the Promotion Landing Page and ending at the earlier of (1) the time that all of the Total Rewards O?ers available during Promotion have been claimed or (2) the end date speci?ed on the Promotion Landing Page. The Promotion Period may be shortened or extended at WhyPayAll’s discretion. All start and end dates are based on Central Standard Time unless otherwise indicated.
 
“Qualifying Transaction” means a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Rewards O?er; (d) made via an Online Cash Back Rewards Offer or submitted through a Receipt; and (e) in WhyPayAll’s sole discretion, satis?es all of the Promotion Terms.
 
“Receipt” means a proof of purchase from an in-store Qualifying Transaction with a Merchant during the Promotion Period. To be eligible for an In-Store Cash Back Reward, the Receipt must clearly display the date; Merchant name; receipt number or other identi?er speci?c to that Merchant, that Qualifying Transaction and on that applicate date; the item(s) purchased; the item price; and total amount spent on the item(s). The Receipt must clearly display all required information and meet any other speci?ed terms to be eligible for an In-Store Cash Back Reward, including terms displayed on the Promotion Landing Page or Rewards O?er Card. All decisions regarding whether to issue a Reward and/or accept a Receipt are in WhyPayAll’s sole discretion.
“Redemption Process” means the steps you must take, as speci?ed by WhyPayAll in its sole discretion, in order to redeem Approved Rewards. The Redemption Process is further described below.
“Reward” means a reward given by WhyPayAll to you for ful?lling the requirements of the Promotion, as speci?ed on a Promotion Landing Page and Rewards O?er Card.
 
“Rewards O?er” means an o?er for a Reward.
 
“Rewards O?er Card” means the area of a website page or app that describes a Rewards O?er and may include the Link Cash Back Button, a details section, and a link to a Promotion Landing Page.
“Rewards Wallet” means the user interface associated with your WhyPayAll account that will show Activated Rewards, Approved Rewards, and related information.
 
“Third-party Service Providers” is de?ned in Section 7 below.
 
“Total Rewards available during Promotion” or “Total Rewards O?er” means the limited quantity of Rewards available under the Promotion, as speci?ed on the Promotion Landing Page if the quantity is limited.
Eligibility. Promotions are available to individual users of WhyPayAll who are residents of the United States and at least eighteen (18) years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are o?ered at the sole discretion of WhyPayAll. Purchases for resale or commercial use are excluded from eligibility. In any calendar month, you are limited to the Number of Rewards O?ers per Person and the amount that you may earn, in the aggregate under all WhyPayAll Rewards O?ers, may be limited (e.g., one thousand dollars ($1,000.00 USD) per month).
 
How to Earn Cash Back Rewards.
 
Online Cash Back Rewards. To earn Rewards pursuant to a Rewards O?er for Online Cash Back Rewards, you must: (1) during the Promotion Period, click on the Promotion Link right before making an online purchase via the Merchant’s website; (2) complete the online purchase in an amount equal or greater to the Minimum Purchase Amount; and (3) satisfy any other conditions speci?ed on the Promotion Landing Page. Upon veri?cation that your purchase quali?es and that you have satis?ed applicable requirements, the Reward speci?ed for the applicable Rewards O?er will be considered an Approved Reward. YOU MUST CLICK ON THE PROMOTION LINK FOR THE REWARDS OFFER DURING THE SAME SHOPPING SESSION THAT YOU COMPLETE YOUR PURCHASE FROM THE MERCHANT. IF YOU VISIT OTHER SITES BEFORE COMPLETING YOUR PURCHASE, OR IF YOU USE COUPON CODES NOT PROVIDED BY WhyPayAll, YOUR PURCHASE MAY BE ASSOCIATED WITH A SERVICE OTHER THAN WhyPayAll AND YOU MAY NOT BE ELIGIBLE FOR THE REWARD(S). YOU MUST NOT ENABLE AN AD BLOCKER OR OTHERWISE DISABLE COOKIES ON YOUR COMPUTER, BECAUSE COOKIES ARE USED TO AUTHENTICATE YOUR PURCHASE.
In-Store Cash Back Rewards.
 
To earn Rewards pursuant to a Rewards O?er for In-Store Cash Back Rewards by submitting a Receipt, you must: (1) Activate the Rewards O?er, if applicable; (2) complete the required purchase via a Quali?ed Transaction; (3) submit a valid, readable Receipt through the Promotion Landing Page in accordance with the stated terms; and (4) satisfy any other conditions speci?ed on the Promotion Landing Page or Rewards O?er Card.
If you complete the obligations in Sections 4(b)(i) and 4(b)(ii) and the Reward Offer is still available, the Reward specified for the applicable Reward Offer will be considered an Approved Award.
 
Receipt Scanning.
 
You agree to at all times provide accurate and complete information to WhyPayAll. You agree not to: submit a Receipt that is false, inaccurate, fabricated, counterfeited, incomplete, tampered with, adjusted, or otherwise inauthentic for the purpose of seeking to claim a Reward; redeem, or attempt to redeem, a Reward for products that have not actually been purchased, or for products that have been returned; submit or attempt to submit a Receipt that has already been submitted or used by you or another user; or submit Receipts outside of a Promotion Period, or for a purchase that took place prior to or after the launch date of a Rewards O?er.
WhyPayAll may, in its sole discretion, extend the redemption period for a Rewards O?er.
As between you and WhyPayAll, the determination as to what transactions are Qualifying Transactions shall be made by WhyPayAll in its sole discretion.
 
Bonus Rewards. From time to time, WhyPayAll may o?er a Bonus Reward to certain WhyPayAll members who complete a qualifying activity or who meet certain criteria, as de?ned in a Rewards O?er Card or Promotion Landing Page, in addition to or in combination with o?ers for Online Cash Back Rewards or In-Store Cash Back Rewards. For example, WhyPayAll may o?er a “My First Time” Bonus Reward to new members who earn an Online Cash Back Reward for the ?rst time or earn certain Online Cash Back Rewards for the ?rst time. In order to earn a Bonus Reward, you must satisfy all criteria set forth for earning the Bonus Reward as well as the requirements of these Promotion Terms during the promotion period for the Bonus Reward. WhyPayAll, in its sole discretion, may adjust the promotion period and/or the bonus amount for Bonus Reward, at any time, without notice. All decisions by WhyPayAll are ?nal and binding on you. Bonus Rewards are a limited time o?ers and all criteria must be satis?ed within the dates of the Promotion.
 
Returns, Approvals, and No Ownership.
 
For any Rewards O?er, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions speci?ed on the Promotion Landing Page or Rewards O?er Card, WhyPayAll reserves the right to invalidate or withdraw all or part of the Rewards O?er. The determination of whether or not a purchase quali?es for the Rewards O?er and whether applicable conditions have been satis?ed is at the sole discretion of WhyPayAll. In the event of a dispute, you may be required to provide your order con?rmation as proof of purchase. The timing of when WhyPayAll will issue an Approved Reward will vary based on a number of factors. These factors may include the type of Promotion pursuant to which a Reward is o?ered and your account activity as a member of WhyPayAll. WhyPayAll reserves the right, in its sole discretion, to determine the order and timing in which to process its con?rmation of eligible purchases. Rewards may be limited where participation exceeds the Total Rewards O?ers available during Promotion or in other cases, as determined by WhyPayAll in its sole discretion. WhyPayAll also reserves the right, in its sole discretion, to reevaluate Approved Rewards, at any time, without notice, including, but not limited to, whether purchases qualify for the Promotion and whether applicable conditions have been satis?ed, and WhyPayAll, in its sole discretion, may adjust or withdraw any Rewards O?ers or any Approved Rewards, at any time, without notice. All decisions by WhyPayAll are ?nal and binding on you.
 
Participating in a Rewards O?er does not give you ownership or any other legal claim to any Reward unless and until WhyPayAll, in its sole discretion, determines that you have met all eligibility criteria and ful?lled all requirements for the Promotion and you have completed the Redemption Process. Rewards O?ers are provided solely by WhyPayAll and are not underwritten or funded by any other third party. You may not make any claims for Rewards O?ers against Merchants or any other third party. Notwithstanding that Rewards O?ers may include o?ers of cash, prior to redemption, Rewards O?ers and Approved Rewards have no monetary value and you may not obtain any money or any other thing of value for any Approved Reward or participation in any Rewards O?er unless and until you complete the Redemption Process and a payment has been issued by WhyPayAll for
 
Approved Rewards.
 
Wallet and Redeeming Rewards.
 
Approved Rewards will be shown in the WhyPayAll Rewards Wallet. You have no vested rights in Approved Rewards unless and until you complete the Redemption Process. If your WhyPayAll account is terminated by WhyPayAll, as provided in these Promotion Terms or the Terms of Use, or if you elect to close your WhyPayAll account, you will no longer be permitted to access the Rewards Wallet or redeem Approved Rewards shown therein. You may redeem Approved Rewards for cash using PayPal or Venmo.
 
Redeeming for cash to Paypal or Venmo. In order to redeem Approved Rewards for cash via PayPal or Venmo, you must: (1) have or create a PayPal or Venmo Account that is linked to the phone number or email address, where applicable, that WhyPayAll has on ?le for you; (2) navigate to the “My Rewards” section of “My Wallet”, click “Redeem Reward”, and then click “Get Cash” and either “Paypal” or “Venmo”, as applicable; and (3) perform any actions speci?ed in the WhyPayAll app or website, as modi?ed from time to time in the sole discretion of WhyPayAll. For example, such actions may include, but are not limited to, authenticating your account by providing a US based cell phone number with SMS capabilities or re-entering a password, and clicking the appropriate link or button. Once you have completed the required steps to redeem Approved Rewards, WhyPayAll will issue a payment to the PayPal or Venmo Account, as applicable, that is linked to the email address, or phone number, as applicable, that you provided WhyPayAll at the time you created your account. An email or text message, where applicable, will be sent to that email address or phone number, where applicable, con?rming that the payment has been issued. Generally, redemption of an Approved Reward will result in the issuing of payment within minutes, but in some cases may require a longer time period. WhyPayAll is not responsible for lost or stolen payments or for delivery of payments to the wrong PayPal or Venmo account.
 
Forced Redemptions. You are responsible for ensuring compliance with any limitations or requirements speci?ed by WhyPayAll from time to time, including, but not limited to, requirements not to redeem Approved Rewards that exceed amounts speci?ed by WhyPayAll. WhyPayAll reserves the right, in its sole discretion, from time to time, to cause the redemption of Approved Rewards, in whole or in part, and issue payments to the PayPal or Venmo account linked to the email address or phone number that you provided WhyPayAll at the time you created your account, but WhyPayAll undertakes no obligation to do so under any circumstances. You hereby authorize WhyPayAll to perform any such redemptions and issue any such payments to the PayPal or Venmo account linked to the email address or phone number that you provided WhyPayAll at the time you created your account, automatically and without further action by you.
 
Abuse and Cancellations.
 
WhyPayAll reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, or the payment of any Rewards amounts at any time without obligation or notice to you, including, without limitation, if any fraud, technical failures, limit of available Rewards, gaming, human error or any other factor impairs the integrity, availability or proper functioning of the Promotion, as determined by WhyPayAll in its sole discretion. Without limiting anything in these Promotion Terms or the Terms of Use, WhyPayAll reserves the right, in its sole discretion, to disqualify, terminate or suspend the participation in any Promotion, or otherwise prevent future participation, of any individual it ?nds, or reasonably suspects, to be tampering with the operation of a Promotion (including by submitting or attempting to submit fraudulent or ineligible Receipts) or to be acting in violation of the Promotion Terms or any promotion, or in behaving in an unethical, dishonest, deceptive or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and, should such an attempt be made, WhyPayAll reserves the right to seek damages from any such person to the fullest extent permitted by law. WhyPayAll’s failure to enforce any term of these Promotion Terms shall not constitute a waiver of that provision. WhyPayAll shall not be liable to you for any suspension, modi?cation or termination of a Rewards O?er or the Promotion program.
 
Use of any automated means or more than one account is prohibited and will result in disquali?cation. In the event of any dispute as to the quali?cation of potential recipients of a Reward, the authorized account holder of the email address or phone number provided to WhyPayAll at the time the account was created will be deemed the quali?ed Reward recipient. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential recipient of Rewards may be required to show proof of being an authorized account holder.
 
(a) Curious Labs hereby grants you a limited, non-exclusive, non-transferable, revocable license to use IGN-created and owned content solely in connection with Loops, which enables you to select a custom “loop” of video footage on IGN videos and to share such “loops” with others via a URL provided by us. By using Loops, you agree that you are using the IGN content for your own personal, non-commercial use. Any text or other content posted by you in connection with Loops must not: (a) be libelous, defamatory, threatening, harassing, hateful, or offensive; (b) may not violate or infringe any third party right, including, but not limited to, any copyright, trademark, right of privacy or publicity, or other personal or proprietary rights; or (c) violate any applicable laws, rules or regulations.
 
(b) Except as expressly permitted by Curious Labs or by the owner of the copyright or other such proprietary right, the license granted herein to IGN-created content does not include content or trademarks owned by third parties (including third party content or trademarks incorporated into IGN-created content). By using Loops, you are solely responsible for determining whether your use of Loops complies with applicable laws, including copyright laws, and you accept all risk of liability associated with your use of Loops and any third party claims that may result from your use. You agree to indemnify, defend and hold harmless Curious Labs from and against any and all liability whatsoever (including attorney’s fees and costs) arising from or related to your use of Loops, including, but not limited to, claims arising from your use of Loops in connection with third party content.
 
Any use of Loops in violation of the limitations described above is strictly prohibited and may result in immediate termination or revocation of your access to Loops and/or other portions of the Service, and may subject you to legal liability.
 
For Premium Services: Certain Services provided by Curious Labs, including but not limited to the IGN Prime Service (the “IGN Premium Service”) and paid PC Magazine subscriptions (the “PC Mag Premium Service”), require registration and payment (such Services are referred to collectively as the “Premium Services”). Please note that the PC Mag Premium Service, including all billing, invoices and renewals, is managed by Curious Labs’ third party vendor, Palm Coast Data.
 
(a) Customer Service. For questions about your IGN Premium Service subscription, please visit the IGN FAQs accessible through the IGN Support Center. All questions that cannot be answered via the FAQ page should be sent using the IGN Support Online Form, available through the IGN Support Center. Please include your name and username in all correspondence. For questions about your PC Mag Premium Service, please visit the PC Magazine Digital Edition Customer Service Page and log into your account.
 
(b) Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Services account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant to Curious Labs’ third party payment processor(s) permission to charge your credit card (or other approved payment mechanism) to pay for all such charges. The Premium Service subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependent on the original subscription term selected at registration, unless you cancel at least ten (10) days prior to the renewal date pursuant to the process set forth below.
 
For the IGN Premium Service, payment must be made by Visa, MasterCard or American Express or PayPal. For the PC Mag Premium Service, payment must be made by Visa, MasterCard, American Express or Discover. If Curious Labs does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT Curious Labs, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
 
Curious Labs RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Curious Labs, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE APPLICABLE Curious Labs SERVICES. Curious Labs MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN PREMIUM SERVICE SUBSCRIPTION BY VISITING THE IGN SUPPORT CENTER, OR YOUR PC MAG PREMIUM SERVICE SUBSCRIPTION BY VISITING THE PC MAGAZINE DIGITAL EDITION CUSTOMER SERVICE PAGE. YOUR CONTINUED USE OF THE PREMIUM SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. Curious Labs IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT Curious Labs SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.
 
(c) Renewal and Cancellation of Your Subscription. You grant to Curious Labs’ third party payment processor(s) permission to automatically renew your subscription and charge your account up to seven (7) days prior to the day on which your subscription is scheduled to end. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Services for substantially similar services at the same property. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.
 
(i) Cancellation of IGN Premium Service. For the IGN Premium Service, you may “opt out” of this automatic renewal by visiting the IGN Support Center and canceling on your own or by using our online form to notify Curious Labs. Curious Labs will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at Curious Labs’ sole discretion. You acknowledge that canceling your subscription for any reason will not immediately terminate access to the IGN Premium Service and Curious Labs will not refund the remaining portion of your subscription. Your subscription will remain open until the paid period expires.
 
(ii) Cancellation of PC Mag Premium Service. For PC Magazine paid subscriptions, you may disable automatic renewal and update other settings related to your account by going to the PC Magazine Digital Edition Customer Service Page and logging into your account, emailing pcmagdigitalcustomerservice.com, or by calling 1-800-289-0429. Your account will be cancelled upon receipt by Curious Labs’ third party vendor of such notification from you via the Customer Service Page. Upon cancellation of your subscription, you will receive a full refund on all unsent issues.
 
(d) Termination of Your Subscription. You acknowledge that Curious Labs, in its sole discretion, may terminate your user ID, password, account (or any part thereof) or use of the Premium Services for a variety of reasons, including, without limitation, if Curious Labs believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Curious Labs may also, in its sole discretion, at any time discontinue providing the Premium Services, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Services under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that Curious Labs may immediately deactivate or delete your account and/or bar any further access to the Premium Services. If your account is terminated by Curious Labs, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Curious Labs shall not be liable to you or any third-party for termination of your access to the Premium Services. YOU AGREE AND ACKNOWLEDGE THAT Curious Labs SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST SIXTY (60) DAYS OF SUCH OCCURRENCE.
 
(e) Trial Memberships. Curious Labs may occasionally offer promotional trial memberships to its IGN Premium Service at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the IGN Premium Service at the end of the trial period, unless you cancel at least twenty-four (24) hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the IGN Premium Service at the standard IGN Premium Service rate and renewal term thereafter, dependent on the original subscription term selected at registration, until you cancel. For information about canceling your IGN Premium Service subscription, visit the IGN Support Center.
 
(f) Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Services registration process. You must promptly inform Curious Labs of any of the following: changes in the expiration date of any credit card used in connection with the Premium Services; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify Curious Labs immediately upon learning of any potential breach of your Premium Services account.
 
(g) Use Restrictions. The material and content on the Premium Services is for the private, non-commercial enjoyment of Premium Services Members only. Any other use is strictly prohibited. Curious Labs spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Premium Services, without express written permission from Curious Labs. You agree that if you do so, Curious Labs reserves the right to cancel your subscription to the Premium Services immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
 
Your Use of Content
 
You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of Curious Labs or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. Please refer to our Linking Policy for more information on linking and use of Content.
 
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
 
You may only post on the Services content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Curious Labs and its affiliates, successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), including, but not limited to, as part of the Services or in support of the Services through advertising or marketing, on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the “License”), without payment or compensation to you and without seeking further permission from you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right). You agree that you are solely responsible for the Material that you post on the Services or transmit to others and agree that you will not hold Company responsible or liable for any materials or content you access or receive from other users of the Services.
 
You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
 
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
 
For questions regarding use of Content please email [email protected]
 
Rules of Conduct
 
Curious Labs has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
 
Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
 
Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
 
Post on the Services or transmit through the Services any Material that violates or infringes another person’s intellectual property rights (including, but not limited to, third party music, videos, photos or other materials where you do not have written authority from the owner to post or transmit such materials);
 
Post or transmit any Material that contains any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
 
Reformat, frame or mirror any portion of any web page that is part of the Service;
 
Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
 
Submit any Material that impersonates a person or entity, falsely implies sponsorship or endorsement of that Material by the Services, Curious Labs and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
 
Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
 
Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
 
Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party (including their rights of privacy or publicity) or that promotes or encourages illegal activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual; or
 
Harvest or collect email addresses or other contact information of other users by electronic or other means.
 
Health eCareers Material: The Health eCareers Services allow for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent and by candidates of their own resumes. Curious Labs is under no obligation to evaluate or censor the resumes, job listings or other information posted to the Health eCareers Services. Moreover, Curious Labs is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Services, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates, or the ability of the candidates to fill job openings. As a representative of your company in connection with your use of the Health eCareers Services, you represent and warrant to Curious Labs that you are authorized to do so.
 
When you post Material on the Health eCareers Services, you are solely responsible for the form, content and accuracy of any resume, job listing and/or other Material that you post. Curious Labs makes no representations, warranties or guarantees concerning the Health eCareers Services, including, but not limited to, representations that a resume or job posting will be viewed by any specific number of users, or that a resume or job posting will be viewed by any user. Curious Labs is not to be considered an employer with respect to your use of the Health eCareers Services, and Curious Labs shall not be responsible for any employment decisions made by any person or entity posting job listings, resumes or other Material to the Health eCareers Services. Curious Labs assumes no responsibility or liability for any personnel selected by your company through the Health eCareers Services, and selection, retention or hire of any individual or entity is based solely on your or your company’s investigation, verification and determination that such hire is suitable for the role and for the company’s purposes.
 
The following additional restrictions apply to Material posted by you on the Health eCareers Services. You shall not do any of the following without the prior written authorization of Curious Labs:
 
Post any inaccurate, untimely, stale, incomplete or misleading information, including inaccurate biographical information;
 
Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by you or your company;
 
Post any employment opportunities that are not healthcare-related, or are outside a healthcare-related field or organization;
 
Key code (through overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Services or post multiple positions within one posting;
 
Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the Health eCareers Services;
 
Post any employment opportunity that does not contain a valid application method (such as company URL, email address, or “apply online”) that is connected to the “Apply” button in the job posting;
 
Place any content within the job details section of a job posting that directs job seekers to apply directly via an email address or any other method that circumvents the “Apply” link;
 
Resell or make available to any person not expressly licensed by Curious Labs, whether via phone, fax, email, mail or other medium, any of the Health eCareers Services or any information obtained therefrom, including, without limitation, resumes or candidate information;
 
Allow job postings or employment requirements to remain posted on the Health eCareers Services for more than 24 hours after they are no longer viable or valid (to the extent that a position is placed on “hold” or is otherwise not available for immediate placement, the posting should be removed until such time as it is a viable opening);
 
Respond to a job listing on behalf of anyone other than yourself;
 
Delete or revise any Material posted by another person or entity; or
 
Use, print, or otherwise copy any personal information of candidates for any purpose other than consideration of the candidates for potential employment by your company or a company you represent.
 
The above is not a complete list of illegal and/or prohibited uses of the Service.
 
Use of the Services is subject to existing laws and legal process. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
 
Managing Content
 
Despite our rights outlined herein, you shall remain solely responsible for all Material you post. Curious Labs has no obligation evaluate, to pre-screen and/or monitor the Material you post, however Curious Labs reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of Curious Labs, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
 
Curious Labs has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
 
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any Material for any reason;
Refuse, move, edit or remove any Content that is available on the Services;
Deactivate or delete your account(s) and all related information and files in your account(s);
Disclose your identity or other information about you to any third party who claims that Material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
Disclose your identity or other information about you to law enforcement officials upon request if Curious Labs determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
Establish general practices and limits concerning use of our sites and Services.
You agree that Curious Labs will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
 
Endorsement
 
Curious Labs MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES.
 
THIS MEANS Curious Labs MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
 
Curious Labs does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Curious Labs.
 
The Services may contain links to sites on the Internet which are owned and operated by third parties (the “External Site(s)”). You acknowledge that Curious Labs is not responsible for the availability of, or the content located on or through, any External Site, and that your use of such External Sites may be subject to a third party’s terms and conditions and/or privacy policy. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
 
Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
 
Please note that we may allow certain manufacturers to license, use and/or reprint a Curious Labs trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
 
Indemnification.
You agree to indemnify, defend and hold Curious Labs and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Curious Labs Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Curious Labs Party in connection with:
 
Your use of, or connection to, our Services;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
The content, the quality, or the performance of Material that you submit;
Your violation of the Agreement or the Curious Labs Privacy Policy;
Your violation of the rights of any other person or entity; or
Your violation of any applicable laws, rules or regulations.
Curious Labs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Curious Labs’ defense of such claim
 
Termination of Service
 
Curious Labs reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Curious Labs may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
 
Copyright Policy
 
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Curious Labs has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. §512(c). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright or trademark infringement, please notify the designated agent, Curious Labs, LLC at 114 5th Avenue 15th Floor New York, New York 10011, Attn: Legal Department fax: (212) 503-5136, or by email: [email protected] and insert “Terms of Use” in the subject line.
 
A notification of claimed infringement must include the following:
 
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
 
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
 
(c) a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);
 
(d) your address, telephone number, and email address;
 
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
 
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
 
If materials you have posted on the Services have been removed due to alleged infringement of a third party’s intellectual property rights, Curious Labs will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
 
(a) an electronic or physical signature of the person authorized to act on your behalf;
 
(b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
 
(c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
 
(d) your address, telephone number, and email address; and
 
(e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
 
Upon Curious Labs’ receipt of such counter-notice, Curious Labs will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will r