CUBEYOU INC and its affiliates (“CUBEYOU”, or “we” or “us”) provide the website CUBEYOU.COM (the “Website”) to display information about the services offered by CubeYou to visitors and potential customers. If you subscribe to our services, you will be subject to our Customers Master Agreement (link), instead.
Using this Website implies that you agree to these Terms, which are subject to US law. If you do not agree to the Terms or cannot accept the application of US laws, please stop using our Website.
These Terms were last updated on JUNE 6, 2018.
Allowed use of this Website.
By accessing this Website we grant you a personal non-exclusive and non-transferable license to view its Content and use it for personal, non-commercial, non-transferrable purpose of getting information over CubeYou services and activities and contact us to purchase our Services.
Copyright, Design, Trademark and other Restrictions to your use of the Website
The Website, its design, the way it is presented and organized, its functionalities and its content and including any text, articles, guidelines, pictures, figures, logos or icons, or other materials (the “Content”) is exclusively owned by us and our licensors and is protected by U.S. and international copyright laws. You cannot copy, modify, sell, distribute, frame or mirror our content without our previous written permission.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to our DMCA designated agent to the address below.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website belong exclusively to CUBEYOU and/or its licensors. Any non-authorized use of such protected Trademark constitutes an infringement and is forbidden without our – or our licensors – prior written consent.
Please notice that all rights not expressly granted to you by us, are reserved.
CUBEYOU uses this Website to advertise its business and services and you cannot use this Website nor its Content to create similar competitive content and/or services or for any competitive purpose including benchmarking.
In addition, you agree not to use robots, spiders, scripts or web-scraping tools to scrape, or otherwise download in large quantities the Content of the Website or monitor its updates other than as reasonably required in connection with the intended use of the Website and according to these Terms.
You will not try to gain unauthorized access to the Website, nor hack it, nor infect it with viruses, malware, perform DDoS attacks and other malicious technologies.
Law and Forum for Legal Disputes.
You agree that any claim or dispute you may have against CubeYou must be resolved exclusively by a state or federal court located in New York County, New York. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, these Terms and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York, excluding choice of law.
Provision for non US-visitors
CubeYou INC is a US company and its business and commercial activities are based on United States law. As such, visitors from countries outside of the United States are informed that using this Website means that we will transfer, store, and process their information to and in the United States and/or other countries, which may be different from their own and if for any reason they cannot accept this, they should not use this Website.
Termination; Discontinuation of the Site
This Website and its Content are subject to change, updates, reschedules, and we may decide to delete Content or terminate the Website maintenance at any time and solely on our discretion. You agree and understand your access to any Content might therefore cease for any reason or no reason, including if you violate these Terms or any other Terms applicable to your use of the Website Content.
Disclaimers and Release from liability
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY CONTENT AND SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY OR ADEQUACY OF THE SITE OR SITE CONTENT, INCLUDING ANY USER CONTENT OR DOWNLOADABLE CONTENT AVAILABLE THROUGH THE WEBSITE. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER WE NOR OUR THIRD-PARTY CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CUBEYOU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
CubeYou does not willingly infringe third party copyright, if you are the copyright owner and if you have a good faith belief that your copyright is being infringed by any content on the Website, please send a notice that includes information listed below (the “Notice of Claimed Infringement”):
Any rights not expressly granted herein are reserved.
The Terms can be modified from time and you are encouraged to check periodically the Website to make sure you are using the last version.
The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain enforceable and in full force and effect.