Ccube.com Terms Of Use

The Ccube, Inc. World Wide Web site (the "Site") is owned and operated by Ccube, Inc. ("Ccube.com," "we," or "us"). We grant you the right to use the Site subject to the terms and conditions of service and use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Limited License for Use of Site Content

  • The information, pictures, graphics, and other content on the Site ("Site Content") are owned by Ccube.com or its suppliers and are protected by copyright laws throughout the world. Subject to the Terms of Use, Ccube.com hereby grants you a limited, revocable, non-exclusive license to download, view, copy and print documents and graphics in the Site Content subject to the following: (a) the Site Content may be used solely for personal, informational, non-commercial purposes; and (b) the Site Content may not be modified or altered in any way. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Site Content in whole or in part without the express authorization of Ccube.com. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of Ccube.com or any third party. Ccube.com and its suppliers reserve all rights, title and interest in and to the Site Content not granted in these Terms of Use.

Additional Restrictions on Use

  • You agree not to: (a) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (b) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any Site Content or portion of the Site; or (c) "hack, "crack," or otherwise attempt to circumvent any copy protection, access control, or license-enforcement mechanisms associated with or related to the Site or Site Content. Without our prior written permission, you may not: (i) allow, enable, or otherwise support the transmission of unsolicited commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the Site or monitor or copy our web pages or the Site Content; (iii) deep-link to the Site for any purpose; or (iv) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

Submissions; Mailings

  • By uploading, emailing, recording over the phone, posting, publishing or otherwise transmitting any content to Ccube.com, you automatically grant (or warrant that the owner of such rights has expressly granted) Ccube.com a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant (or warrant on behalf of the owner of such rights) that all moral rights in the content have been waived.
  • By indicating you want to be placed on the Ccube.com mailing list, you are consenting to receive emails and occasional phone calls from us about our products, services, and other news. These Terms of Use will apply to all such emails, and call and such emails and calls will be considered part of the Site Content.

Calling Ccube.com and Receiving calls from Ccube.com

  • By creating your profiles over the Web and Phone for use by Ccube.com and its members, you are providing express agreement to receive call from Ccube.com connecting you with other previously known or unknown members, regardless of your National Do Not Call Registry with FCC.
  • You are responsible for maintaining the confidentiality of any password and voiceKeys you are given to access the Site and Ccube.com phone system, and are fully responsible for all activities that occur under your password. You agree to notify Ccube.com immediately of any unauthorized use of your passwords.

Ccube.com Payment Terms

  • If you upgraded to one of monthly paid plans, you hereby agree to honor the monthly plan charges and provide us a current credit card number in a good standing.

Changes; Third Party Web Sites, Content, Products and Services

  • Ccube.com reserves the right to change or discontinue the Site or any Site Content at any time, with or without notice, and you agree that we will not be liable to you for any such modification, suspension, or discontinuation. The Site may include hyperlinks to web sites not controlled by Ccube.com, and access to content, products and services from third parties. Ccube.com is not responsible for the availability of, and any content on those web sites to which it provides links. Ccube.com provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that Ccube.com is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that Ccube.com is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

Disclaimer

  • EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ccube, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CCUBE, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE 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 SERVICES 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 WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

  • IN NO EVENT SHALL CCUBE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER OR NOT CCUBE, INC. HAS BEEN ADVISED OF THE POSSIBILITY.
  • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH LIMITATIONS DO NOT APPLY, THE SCOPE AND DURATION OF ANY WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Privacy Policy

  • Ccube.com's Privacy Policy is at Privacy Policy and is incorporated by reference herein.

Export Restrictions/Legal Compliance

  • You may not access, download, use or export the Site, or the Site Content, software, products or services provided on the Site in violation of U.S. 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 not to directly or indirectly provide or otherwise make available the services and products of Ccube.com in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Ccube.com outside the U.S. Neither the services of Ccube.com nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

  • You agree to indemnify, defend, and hold harmless Ccube, Inc., its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) violation of these Terms of Use; or (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Site.

Forward-Looking Statements

  • Some of the information contained on the Site may contain projections or other forward-looking, including statements regarding the Company's future financial performance. These forward-looking statements are subject to risks and uncertainties, and actual results could differ materially due to several factors, including but not limited to the success of the Company's research and development efforts to develop new products and to penetrate new markets, the market acceptance of the Company's new products and updates, technical risks related to such products and updates, the Company's ability to maintain market share for its existing products, the availability of adequate liquidity and other risks and uncertainties. All forward-looking statements are made as of the date hereof and the Company disclaims any responsibility to update or revise any forward-looking statement provided in this news release.

Applicable Law

  • All matters relating to your access to, and use of, the Site and these Terms of Use shall be governed by U.S. federal law or the laws of the State of California without reference to any conflicts of laws principles that would require application of the laws of a different jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state court located in San Mateo County, California or federal court located in the Northern District of California, and no other venue. You and Ccube.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

General

  • The Terms of Use constitute the entire and exclusive and final statement of the agreement between you and Ccube.com with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and Ccube.com with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  • Copyright/Trademark Information

    Copyright © 2006, Ccube, Inc. All rights reserved.
  • The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ccube.com or other third parties. You are not permitted to use these Marks without the prior written consent of Ccube.com or such third party which may own the Mark.
  • Contact Information

    If you have any questions regarding these Terms of Use, please contact Ccube.com at help at ccube.com.

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