These Terms of Use (the “Terms”) govern the access to and use of the website located at http://54.236.140.141 (the “Website,” “Cursor Network LLC,” “we,” “us” or “our”) by its browsers or users (“you” or “your”).

Please read these Terms carefully and in their entirety, before using the Website and any of its applications, data, products and services (collectively, the “Services”). We ask this of you for two reasons. First, your access to and use of the Website depends on your acceptance of and compliance with these Terms. Second, by accessing and using the Website, you agree to be bound legally to these Terms’ provisions; in other words, they represent a legal agreement between us, and you.

Agreement to these Terms

By binding yourself in law to these Terms, you represent and warrant that you are: at least thirteen (13) years of age, if you are accessing and using the Website for any purpose other than to enter a video submission contest for which prizes are awarded; at least eighteen (18) years of age when entering video submission contest for which prizes are awarded; and vested with the complete legal authority and capacity to enter into legal agreements electronically.

If you are accessing and using the Website on the behalf of another individual, a company, organization or an agent of any of those entities, by so accessing and using the Website, you are representing and warranting that you are vested with the complete legal authority and capacity to bind that individual, company, organization or agent thereof (in which case, the words “you” and “your” will apply to the that individual, company, organization or agent thereof).

These Terms apply to all Services which the Website provides, irrespective of whether the Services link to these Terms or incorporate them by reference.

If you do not agree in part or in whole with these Terms, you must not access or use the Website.

Nothing contained in these Terms will be deemed to confer any 3rd party rights or benefits.

Amendments to these Terms

We hereby reserve the right to amend these Terms in any manner of our choosing, at any time we deem appropriate, and without notice to you. Our only exception to this rule is where an amendment to these Terms materially affects the way in which the Website is normally accessed and used by you and other users. Should this exception arise, we will inform you and all other users of the Website of the amendment in writing and within fourteen (14) days of the date on which the amendment is to take effect. You should therefore periodically check these Terms for amendments.

If you do not agree in part or in whole with any amendment to these Terms, you must not access or use the Website.

Arbitration Notice

It is critical that you read this Arbitration Notice; it contains provisions which affect your legal rights.

By accessing and using the Website, you and your affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives all agree to resolve any claim, controversy or dispute arising from or connected to these Terms, your access to and use of the Services and/or rights of publicity or privacy, via legally binding, individual arbitration.

Also, by accessing and using the Website, you and your affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives waive your legal right to litigate any claim, controversy or dispute arising from or connected to these Terms in a Court of competent jurisdiction, or via a class – action lawsuit or class – wide arbitration (save for those claims, controversies or disputes which may be litigated in a local small claims Court per its rules).

Arbitration proceedings under this Notice will be confidential and recorded in writing. A mutually agreed and suitably qualified expert will conduct the arbitration proceedings. The award made or decision reached by this arbitrator is final, can be confirmed by a Court of competent jurisdiction by way of a written instrument signed by us, and cannot be appealed. The arbitrator will be responsible for summarizing the proceedings, confirming the award made or decision reached, explaining the conclusions of fact and law, and assessing the costs, expenses and reasonably incurred attorneys’ fees.

What we do

Cursor Network LLC is an online video focused media company which operates many entertainment hubs, such as Impact, with an emphasis on the comedic short-form video trend and viral videos. We are seeking to capitalize on and pay homage to these ongoing trends through our Services to you.

To that end, not only do we provide several platforms on which short form/viral videos can be posted and shared across the Internet, we also facilitate contests in relation to those videos. The purpose of these contests is to determine who can upload the videos which are the coolest, funniest, most interesting or unusual, scariest, etc. These contests have prizes which contestants may win.

Original creation or ownership of video submissions

For this and other reasons particularized below, by submitting videos to us for our consideration, you represent and warrant that you are the original creator or owner of those videos submitted. To elaborate, you represent and warrant that you are the original creator or owner of all exclusive legal rights in the videos’ intellectual properties; which include but are not limited to: copyrights; databases; drawings; firmware; inventions; know – how; patents; personality rights; products; research and development; samples; software; source code; specifications; technology; trade secrets and all other pertinent forms of intellectual property (including trademarks).

If you are not the original creator or owner of the videos you submit to us, you hereby agree to indemnify and hold us and our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives harmless against any claims, costs, damages, expenses (including attorneys’ fees) and liabilities arising from or connected to any infringement of intellectual property rights committed by you uploading such videos.

How we treat your video submissions

Though we typically regard recorded videos or video submissions from you as “content,” under these Terms, “content” will also refer to artwork, concepts, drawings, graphics, formats, ideas, messages, pitches, screenplays, screenshots, suggestions, texts, treatment, all other forms of audio – visual recordings and works, and each element contained therein. (We will use the word “Content”) hereinafter to refer to your video submissions and additionally the objects described in this paragraph.)

‘Elements’ of Content include all pertinent forms of intellectual property (as aforesaid), together with all the original materials created by you which are incorporated into your Content. These materials include but are not limited to: actions; appearances; artwork; biographies; characterizations; dialogue; interactive features; literature; music; musical compositions; lyrics; performances; profiles; sound recordings; and all other incidental materials submitted or otherwise distributed to us by you.

Grant of Content rights

By submitting or otherwise adding or uploading Content to the Website, you are transferring ownership of that Content to Cursor Network LLC, of 30 N Gould St. Suite R, Sheridan, WY 82801 and to our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives. This transfer is an exclusive, fully paid for, irrevocable, perpetual, royalty – free and worldwide grant or license of all legal interests, right, title in the Content submitted and of the elements thereof; together with an equally exclusive, fully paid for, irrevocable, perpetual, royalty – free and worldwide grant or license of all associated intellectual property rights (including but not limited to copyrights, industrial rights, patents, personality rights, privacy and publicity rights, 3rd party copyrights, trademarks and trade secrets) that you own or control in the Content you submit to us.

Cursor Network LLC, of 30 N Gould St. Suite R, Sheridan, WY 82801 and to our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives, as the exclusive, perpetual, worldwide, legal and rightful owners of all Content submitted or otherwise distributed to us, have the irrevocable, unrestricted right to adapt, comment on, control, create derivative works based on, display, distribute, edit, exhibit, index, modify, perform, reproduce, translate, transmit and otherwise use such Content (whether in whole or in part), at our sole discretion and in all forms of media (both those currently in existence and those which will be devised in the future). These forms of media include but are not limited to: broadband and wireless platforms; broadcast and cable television; physical media; streaming products and services; and theatrical releases.

All Content submitted, added or uploaded to the Website, or otherwise distributed to us, may be used for any purpose we deem fit in our sole discretion, including but not limited to purposes relating to advertising, commercial, entertainment, marketing, publicity, news, promotional and trade, all without attribution, payment to or consent from you or any other entity, and without notice to you.

Our use of Content following grant of Content rights

At Cursor Network LLC, we require that Content submissions include your age, email address and full name; and with respect to your video(s), it includes optional additional details. This personal information of yours (together with the information pertaining to your video) may be posted by us on the Website and/or on other various social media and video hosting or sharing websites, including but not limited to Facebook, Instagram, Snapchat, Twitter and YouTube. If we post the Content in this way for public consumption, it is possible that it may be shared among the users of the aforesaid various social media and video hosting or sharing websites.

Name and likeness regarding Content rights

Without limiting the preceding grant of Content rights, you agree that the grant also includes the exclusive, fully paid for, irrevocable, perpetual, royalty – free and worldwide right to use your appearance, likeness, name, performance and other information (whether biographical or otherwise), all of which we may use for commercials, endorsements, licensing, merchandising, programming; as well as to advertise, promote or publicize the Website as we deem fit in our sole discretion and in all forms of media (both those currently in existence and those which will be devised in the future). Other examples of these forms of media include but are not limited to: Blu – Rays; compilations; digital recordings; DVDs; graphics; the Internet; motion pictures; smart devices (such as smartphones and tablets); tape cassettes; television (cable, free, over the top, paid, pay – per – view, satellite, etc.); videocassettes; and video game consoles (such as those released by Microsoft, Nintendo and Sony).

Cursor Network LLC may assign, license or sell all legal rights related to the Content submitted, added or uploaded to the Website, or otherwise distributed to us in our sole discretion and without attribution, payment to or consent from you or any other entity, and without notice to you.

Your personal use of Content submitted to us

By submitting, adding or uploading Content to the Website, or otherwise distributing Content to Cursor Network LLC, you hereby acknowledge that you will thereafter receive a limited, non – commercial, non – transferable and personal license or right to use the Content for personal use only. For the avoidance of doubt, ‘personal use’ includes but is not limited to: showing the Content to acquaintances, family members, friends, work colleagues, etc; and sharing the Content through social media accounts which you may have or hold with various social media and video hosting or sharing websites, such as Facebook, Instagram, Snapchat, Twitter and YouTube.

This limited, non – commercial, non – transferable and personal license or right does not in any way, shape or form confer a license or right for you to commercialize, license, monetize, transfer, sell or otherwise profit from the Content with any third party, which itself includes but is not limited to: submitting the Content for consideration in a third party contest; or adding or uploading the Content, or otherwise distributing it to a third party (except as described above).

Solicitation of Content and its derivative works

Insofar as we solicit Content submissions for our contests from those who access, browse and use our Website through advertisements, promotions or the Services that happen to require the use of our copyrighted works (whether in whole or in part), we hereby grant you a limited, non – commercial, non – transferable and personal license or right to create a derivative work based on our copyrighted works (whether in whole or in part); PROVIDED HOWEVER that the license or right be at all material times contingent upon you assigning all intellectual property and other legal rights vested in the derivative works you create from our copyrighted works. If you do not wish to vest all intellectual property and other legal rights of the derivative works you create to us, your limited, non – commercial, non – transferable and personal license or right to do so is hereby rescinded and voided.

Consideration for the Content

The provisions of these Terms (and the transfer of ownership of Content to Cursor Network LLC, of 30 N Gould St. Suite R, Sheridan, WY 82801 and to our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives) are supported by reasonable and valuable consideration. You hereby acknowledge your receipt and the sufficiency of this consideration. You further acknowledge that such consideration includes but is not limited to: your ability to access, browse and use the Website; your use of the Services; your receipt of a limited, non – commercial, non – transferable and personal license or right to use the Content for personal use only; and your receipt of a limited, non – commercial, non – transferable and personal license or right to create derivative works based on our copyrighted works (whether in whole or in part, subject as aforesaid).

Moral rights in the Content

Moral rights are a subset of copyright law. They are legal rights vested in the creators of copyrighted works which include but are not limited to the right of attribution, to have a copyrighted work published anonymously or pseudonymously and the right to the copyrighted work’s integrity.

Insofar as such moral rights subsist in the Content and are not exclusively vested in Cursor Network LLC because they are instead vested (whether in whole or in part) to you; and to the extent that applicable laws and regulations of the State of Wyoming so permit, you agree not to enforce such rights against us or our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives.

If any entity other than you holds the moral rights in the Content, you will be taken to have obtained what is known as “Moral Rights Consent” in respect of any content whatsoever which you submit to us, evidence of which you must produce to us promptly following our reasonable request for the same. For the avoidance of doubt, a “Moral Rights Consent” is an application form which, when filled out and executed by an entity in which the legal rights of a copyrighted work are vested, primarily waives the associated moral rights to the fullest extent permitted by the applicable laws and regulations of the jurisdiction within which the entity resides or conducts business (but in this instance, the applicable laws and regulations of the State of Wyoming). Secondarily, it serves as unconditional acceptance of any act or omission in relation to a copyrighted work which would infringe upon the moral rights thereof.

General prohibitions

You must not:

  • Access or use any aspect of the Website not made available to the Website or our servers.
  • Circumvent any security measure implemented by us to safeguard our content online.
  • Collect or store the personal information of any user of the Website (“User”).
  • Decompile, disassemble or reverse engineer any software used to provide the Services.
  • Impersonate or otherwise misrepresent your identity or affiliation with any person or entity.
  • Interfere with, or facilitate the interference of, the access and use of the Website for any User.
  • Invent or copy derivative works based on the Website and the Services, subject as aforesaid.
  • Mimic our names, trademarks, logos and other proprietary information/intellectual property.
  • Probe or test the vulnerability (or lack thereof) of any of our online infrastructures.
  • Seek to access or use the Services through any device or software, such as a data miner.
  • Send unsolicited advertisements, email or promotions to Users through the Website.
  • Use any metadata involving the trademark, logo URL or product name of Cursor Network LLC.
  • Upload any content which:
  • encourages or facilitates illegal or otherwise harmful conduct;
  • infringes a third party’s intellectual property, privacy or publicity rights;
  • is deceptive, false or fraudulent;
  • is defamatory, pornographic or otherwise offensive;
  • promotes bigotry, discrimination, hatred, harassment or racism; and/or
  • violates or encourages the violation of any applicable law or regulation.

We are at liberty to control and monitor the access, use and other activity of any User on the Website if doing so means that we ensure compliance with these Terms and with the applicable laws and regulations. To that end, we may, without notice, rescind access to any aspect of the Website and/or delete any Content, if we reasonably consider that Website aspect or Content to stand contrary to the said Terms or applicable laws and regulations. Also, we may consult and cooperate with law enforcers to prosecute any individual, group and/or organization who violates any applicable law or regulation.

Our own policies regarding copyright law

We have and will continue to adhere to all applicable copyright laws and regulations. We expect all Users to adhere similarly. We will, without notice, delete the content of any User who has provably infringed (or who we reasonably believe has infringed) the legal right(s) of any copyright holder.

Our representations and warranties regarding our Content and Services

The Services and the Content are provided on the Website “as is,” without any representation or warranty with respect to their fitness for any purpose, merchantability or non – infringement. We do not and cannot guarantee that the Services will meet your expectations or requirements, they will be always available online on an error – free, secure or uninterrupted basis, or they will be 100% accurate, complete, reliable, timely or truthful. We make no guarantees, representations or warranties whatsoever that the use of the Services and/or the Website, or submitting Content, will result in any contestant for our contests winning any award or achieving some other accolade, fame or fortune.

We do not and cannot vouch for the quality of the Content we receive or the propriety of its subject matter. We do not assume responsibility for any User’s compliance with the applicable laws and regulations while accessing, browsing and using the Website. You should exercise as much sound judgment in interacting with any User as practicable (to the extent that such interactions are possible).

Other representations and warranties

You hereby represent and warrant that you are/have:

  • acquired all consents required for us to use the Content as we deem fit and without restriction.
  • the Content does not fall under the jurisdiction of any guild or union.
  • the Content and your uploading thereof to the Website conforms to these Terms.
  • the original creator or owner of all Content submitted to us.
  • not falsely or incorrectly identified the entity which may edited or recorded the Content.
  • not infringing the legal or privacy/publicity rights of any entity by submitting Content.
  • not submitted or granted any intellectual property and other legal rights to any third party.
  • vested with the complete legal authority and capacity to enter into legal agreements generally.

Limitations of liability

To the furthest extent permitted by the applicable laws and regulations of the State of Wyoming, neither we nor our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives (even in circumstances of negligence) will be liable to you or any other entity for any consequential, direct, incidental, indirect and/or special damages (including damages that are awardable in respect of fatal accidents, personal injury, property damage and loss of profits) arising from or connected to: your access to and use of the Content, the Services or the Website (or lack thereof of each); and/or the acts or omissions of any User or other entity (even if Cursor Network LLC has been forewarned of the possibility of such acts or omissions coming to pass).

Subject to the applicable laws and regulations of the State of Wyoming, in no event will Cursor Network LLC’s liability to you for any consequential, direct, incidental, indirect and/or special damages (including damages that are awardable in respect of fatal accidents, personal injury, property damage and loss of profits) and causes of action (including those based in contract and tort law) exceed the aggregate amounts paid by you as a prerequisite to you accessing or using the Services or Website or submitting Content for consideration in any of our contests, or the amount of USD$100.00 (whichever is lesser).

These limitations of liability apply to these Terms to the fullest extent permitted by the applicable laws and regulations of the State of Wyoming. If you are accessing, browsing or using the website in a jurisdiction other than that of the State of Wyoming, nothing contained in these Terms will adversely affect your consumer rights under the applicable laws and regulations of that other jurisdiction. Any claim, controversy or dispute arising from or connected to these Terms, the Services or the Website must be initiated in the appropriate Court within the prescribed statutory period of the State of Wyoming. Should you fail or neglect to initiate the claim, controversy or dispute with the aforesaid statutory period, kindly be advised that you will be time – barred from doing so thereafter.

Claims of infringement of copyright

If you believe that any Content hosted and shared on the Website infringes upon any of your copyrights, you may submit a notice pursuant to the “Take Down” provision of the Digital Millennium Copyright Act (“DMCA”) by emailing us at support@cursor.co with the following information (in accordance with the provisions of 17 U.S.C. 512(c)(3)):

  • An electronic or physical signature (affixed appropriately onto the DMCA “Take Down” Notice (“TD Notice”) of the person whose copyright has purportedly been infringed, or an electronic or physical signature of an authorized representative of that person (evidence of the authorization itself must also be provided);
  • Clear, concise identification or itemization (as the case may be)
  • of the copyrighted work(s) whose copyright has purportedly been infringed; and/or
  • of the Content which either represents the infringement or is the subject of infringing activity (together with sufficient information for us to locate the Content);
  • Statement included in the TD Notice to the effect that the entity complaining that its copyrights have been purportedly infringed (the “complainant”) has a bona fide belief that the copyrighted work to which its complaint relates is not authorized by it (i.e. the purportedly true copyright holder), its affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives, or the law);
  • Statement included at the end of the TD Notice to the effect that the Complainant swears, under penalty of perjury, that it is either the true copyright holder of the Content to which its complaint relates, or that it is authorized to act on that true copyright holder’s behalf; and
  • Sufficient information to enable us to contact the entity submitting the TD Notice (including a business or home address, email address and/or telephone number).

If we remove Content submitted by you which has provably infringed (or who we reasonably believe has infringed) the legal right(s) of any copyright holder, we will notify you of that removal primarily by email and secondarily by a general notice on the Website. Should you receive such a notice, you may provide us with a counternotification which must include the following:

  • Your electronic or physical signature.
  • Clear, concise identification or itemization (as the case may be)
  • of the Content which we removed; and
  • the location of the Content prior to its removal;
  • Your business or home address, email address and telephone number;
  • Statement included in the counternotification to the effect that you, under penalty of perjury, have a bona fide belief that the Complainant is mistaken, and that we removed the Content to which the complaint relates in error; and
  • Statement which indicates that, should any claim, controversy or dispute result from the TD Notice or your counternotification, you consent to being subjected to a Court of competent jurisdiction in the State of Wyoming, and that you will accept the Complainant’s service of process.

About our copyrights and trademarks

The Website and its content (including but not limited to its footers, headers, language, logos, look and feel, proprietary information and watermarks) are ©2020 Cursor Network LLC. All rights reserved.

In addition, all our content is protected by United States’ copyright laws. Except as specifically provided for in these Terms, or with our explicit and written consent, the Website and its accumulated content must never be distributed, exploited, reproduced, transmitted or otherwise used in any way, shape or form on any other website.

Nothing contained in these Terms will have the effect of conferring of any intellectual property or other legal right vested in Cursor Network LLC, the Website or the Services to you or any other entity; nor does it enable you to create derivative works based on the same unless we provide you with explicit and written consent for you to do so.

Assignments

We may assign our legal duties or rights under these Terms to any third party for any reason or for no reason at all, as we deem fit, in our sole discretion and without notice or consideration to you.

Entire Terms

These Terms contain all the terms and conditions related to their subject matters and they supersede all prior, written Terms (including amendments thereto), together with any other agreements, negotiations and understandings (whether oral or written) between us. No amendment to these Terms will be valid unless it is made explicitly and in writing by us. Furthermore, no guarantees, representations or warranties made by us before these Terms are brought into effect (and subsequently updated) will bind/create legal obligations between us, except for those expressly incorporated herein.

If any term or condition of these Terms is waived under a specific circumstance, that waiver in itself will not represent a waiver of that term or condition under all other future circumstances. In addition, our discharge, modification of waiver of any term or condition of these Terms will not adversely affect our legal right to enforce that discharged, modified or waived term or condition against you thereafter.

Force majeure

Neither party is responsible for any failure to fulfil any term or condition of these Terms if that failure is attributable to a delay caused by a circumstance not within any one person’s reasonable control; including but not limited to: actions or omissions of the Government or its representative authorities; Acts of God; blockades; civil commotions; closure of ports or docks; confiscations; explosions; hostilities; insurrections; labour disturbances; lockouts; protests; rationing of products or services; restrictions on production or supply of products or services; revolutions; strikes; or thunderstorms.

Governing law, jurisdictional and venue matters

Subject to the requirements of applicable consumer rights and other laws and regulations, these Terms will be governed by and construed in accordance with the laws and regulations of the State of Wyoming. Further (and also subject to the requirements of applicable consumer rights and other laws and regulations), you agree that any claim, controversy or dispute arising from or connected to these Terms (except for those claims, controversies or disputes specifically identified in the Arbitration Notice above) will be resolved, with the proper venue being, in the Federal or State Courts located in the State of Wyoming, United States of America. As such, you agree to be subjected to the exclusive jurisdiction of the State of Wyoming should that claim, controversy or dispute be litigated.

Cursor Network LLC does not guarantee, represent or warrant that the Website will be accessible and usable in every country in the world. If you are domiciled in a country other than the United States, and if you choose to access and use the Website while so domiciled, you agree that you are in full compliance with your domicile’s applicable laws and regulations as you do so.

Headings

These Terms’ headings are inserted for convenience only and with the view to improving their readability. No heading put before any paragraph herein will affect its general or specific construction.

Language

The governing language for these Terms will be American English, its translation into any other language notwithstanding. Should any conflict between the American English language version of these Terms and the version of any other language arise, the former language will prevail.

Severability

If any paragraph of these Terms is adjudged by a Court of competent jurisdiction to be unenforceable, unlawful or void, that paragraph, to the extent that it is so adjudged, will be severed from these Terms. The severed paragraph will be deemed inoperative without adversely affecting the enforceability, lawfulness or validity of the other paragraphs. The severance of a paragraph of these Terms in the State of Wyoming will have no bearing on its enforceability, lawfulness or validity in another State of the United States of America, or of jurisdiction other than the United States of America.

Indemnifications

You agree to indemnify and hold us and our affiliates, agents, assigns, contractors, directors, employees, heirs, officers, partners, shareholders, successors and other representatives harmless against any claims, costs, damages, expenses (including attorneys’ fees) and liabilities arising from or connected to any act or omission by you in respect of Content submissions (whether for our contests or otherwise), and your breach of the representations and warranties attributed to you by these Terms.

Counterparts

These Terms may be executed in any number of counterparts. Each counterpart, as we deliver and execute them by posting the same on the Website, will be treated as the original (i.e. whole) Terms. All the counterparts of these Terms, when taken together, will constitute and be deemed one in the same instrument, respectively.

Should you have any comments or questions regarding these Terms, kindly email us at support@cursor.co .