BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
2. Use of Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than the Site (each a “Third Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. Both the Company and the Site are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither the Company nor the Site are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Rights and Responsibilities of the Company. The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate your use of the Site for violation of others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us notice at contact
The Company has the right, in our sole and absolute discretion, to
(i) edit, redact or otherwise change any User Content,
(ii) re-categorize any User Content to place it in a more appropriate location or
The Company reserves the right to refuse service to anyone and to cancel user access at any time.
1. Rights and Responsibilities of the Company’s Users or Other Posters of User Content.
2. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any service of the Site that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.
3. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a license to the Company to use, reprint, distribute, modify, and create derivative works, which will be owned by the Company. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to the Company to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.
5. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT:
(A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE,
WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR
USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE
6. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF THE COMPANY TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
7. Indemnification. You agree to defend, indemnify and hold harmless the Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
8. Unsolicited Submissions. Except as may be required in connection with your use of the Company’s Services, the Company does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to the Site through or in association with this Site shall be considered non-confidential. By providing such submissions to the Site you hereby grant the Company a license to use, reprint, distribute, modify and create derivative works, which will be owned by the Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
9. Compliance with Intellectual Property Laws. When accessing the Site or using the Company’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using the Site. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at as described above in Section 4(a).
10. Inappropriate Content. When accessing the Site or using the Company’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or foreign law or regulation; or
(c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves
the right to terminate or delete such material from its servers. The Company will cooperate fully with
of any applicable laws.
11. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
14. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018, ItsMcube Marketing. ALL RIGHTS RESERVED.
15. Trademarks. The Company’s name, the Site, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Site:
(1) IP address,
(2) domain servers,
(3) type of computer used to access the Site,
(4) types of web browsers (collectively “Anonymous Data”). Such data does not collect information that identifies you as an individual. The Company uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Site and you hereby consent to such use by the Company.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
For you to access certain services that we offer through the Site, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes:
(i) “Contact Data” (such as your first and last name, physical street address, city, state, zip code, phone number and email address),
(ii) “Financial Data” (such as your credit card number, expiration date, and verification code),
(iii) “Legal Data” (such as your social security number, mortgage information, and automobile information).
Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Site. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request. We may also use your Contact Data for marketing purposes. By Providing the Company with Contact Data, you authorize the Company to sell, license, rent, lease and/or share such information in some capacity with third parties for the purpose of third-party marketing and solicitation. Any Financial Data gathered is used for the purposes of processing or completing the financial transaction for your order.
If you post information on any of our chat groups, message boards or forums, such information you provide may be available to other members of the Site and other Site visitors. You should use caution when deciding to disclose your personal information in these venues as we do not control who may participate in these interactive forum.
Choice Regarding Disclosure of Contact Information
You may choose not to provide us with any Contact Information. In such an event, you can still access and use some portions of the Site; however you will not be able to access and use portions of the Site that require your Contact Information.
Confidentiality and Security of Contact Information
(a) comply with a court order or other legal process;
(b) protect the rights, property, and/or safety of the Company or any third party; or
We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including the Company, can fully eliminate security risks associated with personal information.
We may provide your personal information to third party service providers who work on behalf of or with the Company to provide some of the services and features of the Company Site and to help us communicate with the members of our Site. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
The Company has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us, or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Site contains links to other third-party websites (“Linked Websites”). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.
As discussed above, we also make chat groups, forums, and message boards available to you, but please understand that any information you disclose in these areas becomes public information and accordingly, such information is not subject to this PrivacyPolicy. We have no control over its use and you should exercise caution when deciding to disclose any personal information.