TERMS AND CONDITIONS
Last Updated January 08, 2020
1. Contract to Terms
1.1 These Terms and Conditions make up a legally binding contract made in between you, whether personally or on behalf of an entity (you), and Cube Create, located at Delaware, United States (we, us), concerning your access to and use of the Cube Create (cubecreate.com) website along with any associated applications (the Site).
You agree that by accessing the Site and/or Services, you have actually checked out, understood, and consent to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are restricted from utilizing the Site and Services and you need to discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future recommendation.
1.2 The supplemental policies set out in Section 1.7 below, in addition to any extra terms or documents that might be published on the Site from time to time, are expressly included by referral.
1.3 We may make changes to these Terms and Conditions at any time. The upgraded version of these Terms and Conditions will be indicated by an updated "Revised" date and the upgraded version will work as quickly as it is accessible. You are responsible for evaluating these Terms and Conditions to stay notified of updates. Your continued use of the Site represents that you have actually accepted such changes.
1.4 We may upgrade or change the Site from time to time to show modifications to our products, our users' requirements and/or our organisation priorities.
1.5 Our site is directed to people residing in United Kingdom. The information offered on the Site is not planned for circulation to or utilize by any person or entity in any jurisdiction or nation where such distribution or use would contrast law or guideline or which would subject us to any registration requirement within such jurisdiction or nation.
1.6 The Site is meant for users who are at least 18 years old. If you are under the age of 18, you are not allowed to sign up for the Site or use the Services without parental approval.
1.7 Additional policies which likewise apply to your use of the Site consist of: ● Certain parts of this Site can be utilized only on payment of a fee.
2. Appropriate Use
2.1 You may not access or use the Site for any purpose other than that for which we make the website and our services available. The Site might not be used in connection with any business endeavors except those that are specifically endorsed or authorized by us.
2.2 As a user of this Site, you agree not to:
3. Our material
3.1 Unless otherwise shown, the Site and Services consisting of source code, databases, functionality, software application, website designs, audio, video, text, pictures, and graphics on the Site (Our Content) are owned or accredited to us, and are secured by copyright and trade mark laws.
3.2 Except as expressly supplied in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, replicated, aggregated, republished, submitted, published, publicly shown, encoded, translated, transferred, distributed, sold, certified, or otherwise exploited for any commercial purpose whatsoever, without our express prior composed consent.
3.3 Provided that you are eligible to utilize the Site, you are granted a restricted licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have actually correctly gained access entirely for your individual, non-commercial use.
3.4 You will not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any function consisting of mistake correction, any adjustments, adaptions, additions or enhancements to the Site or Our Content, consisting of the modification of the paper or digital copies you might have downloaded.
3.5 We shall (a) prepare the Site and Our Content with affordable ability and care; and (b) use market basic infection detection software to attempt to obstruct the uploading of content to the Site that contains viruses.
3.6 The content on the Site is attended to general information only. It is not intended to total up to advice on which you should rely. You should obtain professional or specialist guidance before taking, or avoiding taking, any action on the basis of the material on the Site.
3.7 Although we make reasonable efforts to update the details on our website, we make no representations, service warranties or guarantees, whether reveal or implied, that Our Content on the Site is accurate, total or approximately date.
4. Link to third party content
4.1 The Site might consist of links to websites or applications run by third parties.We do not have any impact or control over any such third party sites or applications or the 3rd party operator. We are not responsible for and do not endorse any third party sites or applications or their accessibility or content.
4.2 We accept no obligation for adverts included within the Site. If you consent to purchase items and/or services from any 3rd party who advertises in the Site, you do so at your own threat. The advertiser, and not us, is accountable for such products and/or services and if you have any questions or complaints in relation to them, you should get in touch with the marketer.
5. Site Management
5.1 We schedule the right at our sole discretion, to (1) keep track of the Site for breaches of these Terms and Conditions; (2) take proper legal action against anyone in breach of relevant laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and material that are extreme in size or remain in any way a burden to our systems; and (4) otherwise handle the Site in a way designed to protect our rights and property and to help with the appropriate functioning of the Site and Services.
5.2 We do not ensure that the Site will be safe and secure or devoid of bugs or infections.
5.3 You are responsible for configuring your information technology, computer system programs and platform to access the Site and you need to use your own virus protection software.
6. Adjustments to and schedule of the Site
6.1 We reserve the right to change, customize, or eliminate the contents of the Site at any time or for any factor at our sole discretion without notice. We likewise book the right to modify or terminate all or part of the Services without notice at any time.
6.2 We can not guarantee the Site and Services will be available at all times. We might experience hardware, software, or other issues or need to carry out maintenance related to the Site, leading to disturbances, delays, or mistakes. You agree that we have no liability whatsoever for any loss, damage, or hassle brought on by your failure to access or utilize the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site which contains typographical errors, errors, or omissions that might relate to the Services, including descriptions, rates, availability, and different other information. We book the right to fix any mistakes, errors, or omissions and to alter or update the details at any time, without previous notification.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole threat except as specifically set out in these Terms and Conditions. All guarantees, terms, conditions and undertakings, express or indicated (consisting of by statute, customized or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof consisting of, without limitation, the indicated service warranties of satisfying quality, physical fitness for a specific function and non-infringement are omitted to the maximum degree permitted by suitable law.
We make no guarantees or representations about the precision or completeness of the Site's content and are not liable for any (1) errors or omissions in material: (2) any unapproved access to or use of our servers and/or any and all individual details and/or financial details kept on our server; (3) any disruption or cessation of transmission to or from the website or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transferred to or through the site by any 3rd party. We will not be accountable for any hold-up or failure to adhere to our commitments under these Terms and Conditions if such delay or failure is triggered by an event beyond our sensible control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a customer or a service user:
● We do not leave out or restrict in any way our liability to you where it would be illegal to do so. This consists of liability for death or personal injury caused by our negligence or the negligence of our workers, representatives or subcontractors and for fraud or fraudulent misrepresentation.
● If we stop working to abide by these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, however we would not be accountable for any loss or damage that were not foreseeable at the time you began utilizing the Site/Services.
Notwithstanding anything to the contrary included in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and despite the type of the action, will at all times be restricted to an overall aggregate amount equal to the higher of (a) the sum of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site throughout the six (6) month duration prior to any cause of action arising.
If you are a consumer user:
● Please keep in mind that we only supply our Site for domestic and private usage. You concur not to utilize our Site for any commercial or service functions, and we have no liability to you for any loss of revenue, loss of organisation, business interruption, or loss of business opportunity.
● If malfunctioning digital content that we have provided, damages a device or digital material belonging to you and this is triggered by our failure to utilize reasonable care and ability, we will either fix the damage or pay you payment.
● You have legal rights in relation to products that are malfunctioning or not as explained. Recommendations about your legal rights is offered from your regional Citizens' Advice Bureau or Trading Standards workplace. Nothing in these Terms and Conditions will impact these legal rights.
8. Term and Termination
8.1 These Terms and Conditions will stay completely force and impact while you utilize the Site or Services or are otherwise a user of the Site, as suitable. You may end your usage or involvement at any time, for any reason, by following the guidelines for terminating user accounts in your account settings, if readily available, or by contacting us at our email address.
8.2 Without restricting any other provision of these Terms and Conditions, we book the right to, in our sole discretion and without notice or liability, reject access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any factor consisting of without restriction for breach of any representation, service warranty or covenant included in these Terms and Conditions or of any suitable law or regulation.
If we figure out, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any appropriate law or regulation, we may terminate your usage or participation in the Site and the Services or erase any material or info that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your represent any factor set out in this Section 9, you are restricted from registering and producing a brand-new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the 3rd party. In addition to ending or suspending your account, we schedule the right to take appropriate legal action, including without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us e-mails, and finishing online forms make up electronic communications. You grant get electronic interactions and you agree that all agreements, notices, disclosures, and other interactions we provide to you digitally, through email and on the Site, please any legal requirement that such interaction remain in writing.
You hereby agree to making use of electronic signatures, contracts, orders and other records and to electronic shipment of notifications, policies and records of deals started or completed by us or by means of the Site. You thus waive any rights or requirements under any statutes, regulations, guidelines, regulations or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the giving of credits by besides electronic methods.
9.2 These Terms and Conditions and any policies or operating guidelines posted by us on the Site or in respect to the Services make up the whole agreement and understanding between you and us.
9.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not run as a waiver of such best or provision.
9.4 We might appoint any or all of our rights and obligations to others at any time.
9.5 We shall not be accountable or responsible for any loss, damage, hold-up or failure to act caused by any cause beyond our sensible control.
9.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the arrangement is considered severable from these Terms and Conditions and does not impact the credibility and enforceability of any staying provisions.
9.7 There is no joint venture, partnership, employment or firm relationship created in between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers only - Please note that these Terms and Conditions, their topic and their development, are governed by English law. You and we both agree that the courts of England and Wales will have unique jurisdiction expect that if you are a local of Northern Ireland you might likewise bring proceedings in Northern Ireland, and if you are resident of Scotland, you might also bring proceedings in Scotland. If you have any complaint or wish to raise a conflict under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a celebration to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to solve a complaint relating to the Services or to get additional details regarding use of the Services, please call us by e-mail at our email address.