Welcome to The Cube, Inc. ("The Cube") platform consisting of web sites, services, software applications and networks that allows for the authorized streaming and distribution and management of video content, channels, followers over the internet (the "The Cube Service").
The following Terms of Service for The Cube Service is a legal contract between you, an individual user of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and The Cube regarding your use of The Cube Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING The Cube PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF The Cube SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH The Cube ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
The Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Service. The Cube is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service are responsible for supervision of that access. When you register an The Cube account for your child or allow your child to register his or her own The Cube account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Service. Accordingly, as the legal guardian, it is your responsibility to determine whether the Content is appropriate for your child. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM The Cube SERVICE.
The Cube reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of The Cube Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on The Cube Service. We will always make a reasonable effort to notify you if we do change these Terms.
Please note that since we respect artist and content owner rights, it is The Cube's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to The Cube's DMCA Notification Guidelines. Please note that The Cube will promptly terminate without notice any User's access to The Cube Service if that User is determined by The Cube to be a "repeat infringer." A repeat infringer is a User who has been notified by The Cube of infringing activity violations more than twice and/or who has had their Cube Content or any other user-submitted content removed from The Cube Service more than twice. In addition, The Cube accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5.1 License Grant to Upload or Stream.
The Cube allows certain users ("Members") to distribute streaming live and pre-recorded videos. If you sign up for an account as a Members, subject to your compliance with the terms and conditions set out in this Terms of Service, The Cube hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use The Cube Service for the uploading and distributing of authorized digital content, including videos ("Cube Content").
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of The Cube to protect Cube Content, The Cube cannot guarantee that there will be no unauthorized copying or distribution of Cube Content nor will The Cube be liable for any copying or usage of the Cube Content not authorized by The Cube.
5.2 License Grant to View by Streaming.
If you sign up for an Account, subject to your compliance with this Terms of Service, The Cube hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming Cube Content solely through The Cube Service subject to the license under which such Cube Content is distributed.
5.3 Reservation of Rights.
The Cube reserves all rights not expressly granted in this Terms of Service.
5.4 Prevention of Unauthorized Use.
The Cube reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of The Cube Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. You agree not to distribute in any medium any part of the Service or the Content without written authorization, unless The Cube makes available the means for such distribution through functionality offered by The Cube (such as the embeddable player or embeddable scoreboard). The Cube provides the ability to embed content on other sites for non-commercial purposes only. The Cube provides this content through embed codes. Any use of The Cube embed codes for commercial purposes is strictly prohibited. If you would like to use our embeds for commercial purposes contact firstname.lastname@example.org. If you use our embed codes on your website, you may not modify, build upon, or block any portion or functionality of The Cube embeddable content, including but not limited to links back to The Cube website. You agree not to access content through any technology or means other than the video playback pages of The Cube or other explicitly authorized means The Cube may designate.
The Cube Broadcast Program consists of the authorized streaming, uploading, distribution and management of video content, channels, and followers over the Internet with an opportunity to generate revenue from such activities. (collectively "Broadcast Program") If you request and are approved to be a school admin, school broadcaster or broadcaster under our Broadcast Program you agree to the following additional terms.
6.1 Streaming Platform
You agree to use The Cube Streaming Platform for live streaming, uploading, distribution and management of video content, channels, and followers over the Internet.
The Cube agrees to provide a basic streaming platform at no cost to you but reserves the right to restrict and charge fees for high quality and HD streaming, hosting videos, downloading videos, creating highlight clips, making highlight reels and any other feature.
6.3 Broadcast Equipment
You agree to provide all necessary broadcast equipment and Internet connection.
You agree to use your best efforts to schedule broadcasts in advance.
You agree to use your best efforts to promote the broadcasts by utilizing your website, email, in-school announcements, event banners and public address announcement at the event.
You agree that The Cube and/or you may sell advertising sponsorships for your school's cube and related events appearing on The Cube platform. All advertisements will strictly adhere to The Cube advertising guidelines.
6.7 Advertising Sales Program and Revenue Share
The Cube Advertising Sales program is primarily intended for The Cube Advertising Sales team to sell sponsorships of your cube and events. The revenue generated from this program is allocated 100% to The Cube to cover the cost of the streaming platform. The Cube does provide a program for you to sell sponsorships in addition to what is sold by The Cube Advertising Sales team.
The Cube agrees to provide the advertising sales, support and revenue share as follows:
The Cube provides you the ability to contact local businesses in addition to The Cube Advertising Sales team. In this case, your advertising sales team will call on local business and sponsorships for the your cube and events. The sponsorship packages and rates available to sell will be detailed on our cube sponsor package page.
Your advertising sales team will obtain a signed insertion order and send to email@example.com. The Cube ad operations team will obtain the creative, place creative and provide reporting and bill you directly for 50% of the insertion order.
The Cube will bill you pay you for all your advertising placements monthly. The invoice will be due upon receipt.
6.9 Reservation of Rights
The Cube reserves all rights not expressly granted in this Terms of Broadcast Program including the ability to charge you fees for high quality streaming, hosting of videos, archiving videos, generating highlight clips, generating highlight reels or other features The Cube deems necessary to cover the cost of its streaming platform. In addition, The Cube reserves the right charge users a fee to watch, stream, clip, mix or download your video, charge users a fee to experience The Cube without any advertising or from any other feature The Cube deems necessary to cover the cost of its streaming platform.
You acknowledge you have the express written consent of the school, tournament, event or any other rights holder’s permission to all content provided.
The Cube reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Your continued use of The Cube Broadcast Program after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on The Cube Broadcast Program. We will always make a reasonable effort to notify you if we do change these Terms.
You agree that The Cube, in its sole discretion, for any or no reason, and without penalty, may terminate your access to The Cube Broadcast Program and remove and discard all or any part of your account or Cube Content, at any time. The Cube may also in its sole discretion and at any time discontinue providing access to The Cube Broadcast Program, or any part thereof, with or without notice. You agree that any termination of your access to The Cube Broadcast Program or any account you may have or portion thereof may be effected without prior notice, and you agree that The Cube will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Cube may have at law or in equity. As discussed herein, The Cube does not permit copyright infringing activities on The Cube Broadcast Program, and will terminate access to The Cube Broadcast Program, and remove all Cube Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) The Cube Broadcast Program, (ii) any term of this Terms of Broadcast Program, (iii) any policy or practice of The Cube in operating The Cube Broadcast Program, or (iv) any content or information transmitted through The Cube Broadcast Program, is to terminate this Terms of Broadcast Program and your account. You may terminate this Terms of Broadcast Program at any time by discontinuing use of any and all parts of The Cube Broadcast Program.
7.1 License Grant to The Cube.
Unless otherwise agreed to in a written agreement between you and The Cube that was signed by an authorized representative of The Cube:
a) By distributing or disseminating Cube Content through The Cube Service, you hereby grant to The Cube a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Cube Content, in any media formats and through any media channels, in order to publish and promote such Cube Content in connection with services offered or to be offered by The Cube. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.2, below, the foregoing license granted by you terminates as to a specific piece of Cube Content once you remove or delete such Cube Content from The Cube Service.
7.2 License Grant to other The Cube users.
By distributing or disseminating Cube Content through The Cube Service, you hereby grant to each User of The Cube Service that is authorized to access your Cube Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Cube Content.
7.3 Cube Content Representations and Warranties.
You are solely responsible for your Cube Content and the consequences of posting or publishing them. By uploading and publishing your Cube Content, you affirm, represent, and warrant that:
(1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize The Cube and The Cube's Users to use your Cube Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by The Cube and this Terms of Service;
(2) your Cube Content does not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
(b) slander, defame, or libel any other person;
(3) your Cube Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. The Cube reserves all rights and remedies against any Users who violate this Terms of Service.
7.4 Cube Content Disclaimer.
You understand that when using The Cube Service you will be exposed to Cube Content from a variety of sources, and that The Cube is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Cube Content. You further understand and acknowledge that you may be exposed to Cube Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Cube with respect thereto. The Cube does not endorse any Cube Content or any opinion, recommendation or advice expressed therein, and The Cube expressly disclaims any and all liability in connection with Cube Content. If notified by a User or a content owner of Cube Content that allegedly does not conform to this Terms of Service, The Cube may investigate the allegation and determine in its sole discretion whether to remove the Cube Content, which it reserves the right to do at any time and without notice. For clarity, The Cube does not permit copyright infringing activities on The Cube Service.
BY USING The Cube SERVICE YOU AGREE NOT TO:
8.1 use The Cube Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access The Cube Service as such services are offered by The Cube;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 11, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate Cube Content or other content;
8.4 post, upload, or distribute any Cube Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access The Cube Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via The Cube Service, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on The Cube Service or Cube Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of The Cube Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use The Cube Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of The Cube Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use The Cube Service if you are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of The Cube Service or Cube Content, features that prevent or restrict use or copying of any content accessible through The Cube Service, or features that enforce limitations on the use of The Cube Service or Cube Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of The Cube Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon The Cube Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of The Cube Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access The Cube Service for any purpose or bypass any measures The Cube may use to prevent or restrict access to The Cube Service;
8.17 manipulate identifiers in order to disguise the origin of any Cube Content transmitted through the Service; or
8.18 interfere with or disrupt The Cube Service or servers or networks connected to The Cube Service, or disobey any requirements, procedures, policies or regulations of networks connected to The Cube Service.
When you use The Cube Service to upload and/or download or purchase content or any products, services, or information from The Cube, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to The Cube on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify The Cube. You may be liable for the losses incurred by The Cube or others due to any unauthorized use of your The Cube Service account.
The Cube Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). The Cube does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Cube Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
You agree that The Cube, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with The Cube or your use of The Cube Service and remove and discard all or any part of your account, User profile, and any Cube Content, at any time. The Cube may also in its sole discretion and at any time discontinue providing access to The Cube Service, or any part thereof, with or without notice. You agree that any termination of your access to The Cube Service or any account you may have or portion thereof may be effected without prior notice, and you agree that The Cube will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Cube may have at law or in equity. As discussed herein, The Cube does not permit copyright infringing activities on The Cube Service, and will terminate access to The Cube Service, and remove all Cube Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) The Cube Service, (ii) any term of this Terms of Service, (iii) any policy or practice of The Cube in operating The Cube Service, or (iv) any content or information transmitted through The Cube Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of The Cube Service.
Subject to section 6.2 above, if you notify The Cube by submitting email to service@The Cube, The Cube will discontinue prospective hosting and distribution of your Cube Content.
The Cube Service is owned and operated by The Cube. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of The Cube Service provided by The Cube (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Cube Content that are provided and owned by Users, all Materials contained on The Cube Service are the property of The Cube or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The Cube or its affiliates and/or third-party licensors. Except as expressly authorized by The Cube, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Cube reserves all rights not expressly granted in this Terms of Service.
You agree to indemnify, save, and hold The Cube, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of The Cube Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. The Cube reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Cube, and you agree to cooperate with The Cube's defense of these claims. The Cube will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Cube, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Cube OR THROUGH The Cube SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM The Cube INCLUDES The Cube'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF The Cube SERVICE IS AT YOUR SOLE RISK. The Cube SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING Cube CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH The Cube SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
The Cube, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH The Cube SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
The Cube, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF The Cube SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH The Cube PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES TO PROTECT Cube CONTENT USED BY The Cube HEREIN ARE USED IN CONJUNCTION WITH THE Cube CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL The Cube OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING Cube CONTENT) ON The Cube PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH The Cube, EVEN IF The Cube OR AN The Cube AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL The Cube OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF The Cube PLATFORM OR YOUR INTERACTION WITH OTHER The Cube PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING The Cube PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN The Cube AND RECEIVED THROUGH OR ADVERTISED ON The Cube PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT The Cube HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND The Cube, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND The Cube. The Cube WOULD NOT BE ABLE TO PROVIDE The Cube PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
The Cube may provide you with notices, including those regarding changes to The Cube's terms and conditions, by email, regular mail or postings on The Cube Service. Notice will be deemed given twenty-four hours after email is sent, unless The Cube is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through The Cube Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on The Cube Service is deemed given 30 days following the initial posting.
The failure of The Cube to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Cube.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or The Cube will be filed only in the state or federal courts in the [home jurisdiction of The Cube corporate offices], and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Cube without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.4, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and The Cube relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by The Cube as set forth in section 4 above.
YOU AND The Cube AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The Cube PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by The Cube, Inc., located at: The Cube LLC, 575 Market St, Suite 800, San Francisco, CA 94105 and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.