1. Acceptance of terms
By using CubEgg online and offline products and services (collectively, "the Service"), provided by CubEgg, Inc. (collectively, "CubEgg," "We" or "Us") you agree to be bound by the following Terms of Service ("Terms"). The Terms may be updated by us from time to time without notice. You can review the most current version of the Terms at any time at: https://www.cubegg.com/#terms
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the entity to these terms and conditions, in which case the terms "you" or "your" shall refer to the entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Service.
You understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from CubEgg, such as service announcements and administrative messages, and that these communications are considered part of CubEgg membership and that you will not be able to opt out of receiving them. Changes and features that augment or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided "as is" and that CubEgg assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user content or settings. You are responsible for obtaining access to the Service, which access may involve third-party fees (such as Internet Service Provider charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without CubEgg's prior written consent. You may not access the Service if you are a direct competitor of CubEgg, except with CubEgg's prior written consent.
2. Your account
In consideration of your use of the Service, you represent and warrant that (i) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation, and (iii)you are human. Accounts registered by "bots" or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CubEgg has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CubEgg has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CubEgg of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. CubEgg cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms, including, without limitation, this Section 2.
We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax, at the end of your free trial period, unless you cancel prior to the end of your free trial. To view the specific details of your subscription plan, the account owner can check the "Account Management - Subscription" page, available after logging into the Service. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun.
Your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your payment method.
By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your membership. We will automatically bill you each billing period on the calendar day corresponding to the commencement of your membership. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature. If you elect to upgrade your service level or otherwise add any paid component or feature, we will pro-rate the amount due based on the number of days remaining in your billing cycle; provided, however, that any such proration shall be based on your service level or paid components or features in existence immediately prior to your election to upgrade or add paid components or features. We may change the fees and charges in effect or add new fees and charges from time to time. We will inform you of any increase or addition to existing fees and we may offer you a grace-period in which your fees will not increase for a certain period of time. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If your credit or debit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
If you change your service level (downgrade it), you may cause the loss of Content or features for your account. CubEgg does not accept any liability for such loss. You may cancel your subscription to the Service at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED.
In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify CubEgg pursuant to Section 6(vi) to the extent that CubEgg incurs any obligations or other liabilities in connection with such taxes.
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CubEgg, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CubEgg does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will CubEgg be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- •upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users' ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You acknowledge that CubEgg may or may not pre-screen Content, but that CubEgg and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, CubEgg and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CubEgg or submitted to CubEgg.
You acknowledge, consent and agree that CubEgg may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CubEgg, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
CubEgg does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CubEgg the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
5. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Service. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which you reside.
20. General information
Entire Agreement. The Terms constitute the entire agreement between you and CubEgg and govern your use of the Service, superseding any prior agreements between you and CubEgg with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CubEgg services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and CubEgg shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CubEgg agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, State of California regardless of (i) your world-wide physical location, or (ii) the jurisdiction where you purchased or use the Service.
Waiver and Severability of Terms. The failure of CubEgg to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the other provisions of the Terms shall remain in full force and effect.
Statute of Limitations. 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 Service or the Terms 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 are for convenience only and have no legal or contractual effect.
We respect your privacy, the privacy of your data and the privacy of all users and visitors. All information and data entered by you into the system is treated as confidential. We will not sell, rent, lease, or give away your data, our user list, email addresses or any other personal information unless required by law to do so.
This Policy addresses the information and content we currently collect from you in the course of your visit to our sites and your use of them. Information you disclose to us in the course of your access and use of our sites is referred to generally in this Policy as "personal information"; this personal information includes your user information, billing information and user content (as those terms are defined below) as well as any other information disclosed, provided or obtained by us in the course of our relationship. The Policy may also address some types of content, information, and means of collecting such content and information, and uses of it that may not presently apply to any of the sites. We tell you about these types of possibilities now because we want to maintain flexibility in offering additional features without having to revise our Policy every time we revise a site or offer new functions. No description of any type of content or information, means of collecting the content or information, or use of the content or information will require us to collect or make any particular use of any such content or information, or offer any particular functionality through any site; your use of any of our sites is always as provided for in the Terms of Service specific for that site, and you should review those Terms to understand your rights and obligations with respect to your use of that site.
If you have any questions about any of the information contained in this Policy, please feel free to contact us; we can be reached via email at email@example.com
Child Online Privacy Protection Act (COPPA) Compliance and Related Information
The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 16. If you are under the age of 16, please do not supply any personally identifiable information through any of the sites. If you are under the age of 16 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the contact information above so that we can remove such information from our files.
Content Ownership, Collection and Use
You always retain whatever ownership rights you may have in any content, data, or other such materials you upload or otherwise actively provide to us through the sites (the "user content"); provided, however, that you grant us (and our employees, agents, successors and assigns) a worldwide, irrevocable, perpetual, fully-paid license to use such user content in any manner reasonably necessary for us to operate and provide services in connection with the sites. We will not sell, share, or rent this user content to others in ways different from those disclosed in this Policy.
In addition to user content you may upload or otherwise provide to us, we may collect additional information relating to, for example, your activities while visiting our site, at several different points on a site, and additional information on our collection and use of such additional information is provided below.
Registration, Ordering, and Related Processes
If you (i) order products or services using a site, (ii) use services from a site (regardless as to whether you are a registered user), (iii) sign up for a newsletter, (iv) participate in a survey or contest, or register for an event, or (v) otherwise contact us, we may request information from you using an order or registration form, survey form, or otherwise. Such information may include things such as your name, username, password, email address, business information, and general information about your interest in and use of the sites, as well as relevant demographic information. In addition we may automatically collect information about your computer or internet access, such as IP address, web browser, internet service provider (ISP), referring/exit pages, platform type, and your usage of our sites and applications. All of the foregoing types of information will be collectively referred to as "user information", and we may use such user information in connection with the operation of our services and/or your use of them or the sites, and otherwise in connection with our business operations. We may use the user information to better understand and market to our customers and site users, individually and in the aggregate; for example, we may use this user information for product and service development, and for sales and marketing purposes. We may share this user information with third parties who are working with us to identify, develop and/or offer products and services which may be of interest to you, but will not otherwise sell or rent such user information to unrelated third parties or otherwise give such user information to third parties for their use unconnected with a use by or for CubEgg.
When using an order form to order a product or service from us, you must also provide additional financial information needed to complete your order, such as credit card number and expiration date (collectively, "billing information"). This billing information is used for billing purposes, to fill your order, or if we have trouble processing an order. When we already have user information and/or billing information about you (such as through a previous order, previous use, previous registration, or previous contact, whether received through a site or otherwise), we may use such information to facilitate the order, registration or other process.
Browser add-in for task tracking
In order to help track tasks you create on websites and enable you to share those tasks with others as you choose, and to check whether anyone else has shared any tasks with you, we may analyze information about the sites you have visited to determine if any relevant tasks are associated with them. To do this, CubEgg’s browser extension will check the sites you visit to see if any tasks are associated with them in CubEgg accounts you are part of. If so, the browser extension then submits information about only those domain names which have tasks associated with them to CubEgg’s servers, using an encrypted format, so that the servers can search for indexed tasks belonging to (or shared with) your existing account. If there are any such tasks associated with the domain and URL you have visited, the CubEgg server will return names of tasks relevant for the visited domain and URL back to your browser extension. The browser extension performs the initial screening of the domains you have visited to identify those for which tasks have been created and only sends information about those domains and URLs on to the CubEgg servers. The information sent to the CubEgg servers to perform this check is not stored on the CubEgg servers.
Sharing of Information
- Aggregated information. We and our agents may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.
- Shipping/Service providers. We may use outside shipping or other service providers to process and ship orders or perform other functions including, without limitation, customer service and inquiry responses. Personally identifiable information may be provided to such service providers in order to allow them to provide shipping, services and/or other such functions. The requirements or requests that we impose on such service providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use commercially reasonable efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such service providers. This section is meant as a general description of our practices. It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.
- Specific services. Although we generally host our own sites, we may have agreements with other parties to provide you with specific additional services, including, without limitation, third-party hosted collaboration tools and other hosted services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use commercially reasonable efforts to restrict the information provided to the information necessary for the provision of such services.
- Aggregate and Anonymous Data. CubEgg (including our vendors, suppliers and partners) shall have a worldwide, perpetual, irrevocable, royalty-free right to use aggregated and/or anonymous data in connection with our and our vendor’s, supplier’s and partner’s business operations including, without limitation, combining such data with other similar data from you and other users.
Information about Unsubscribing and Opting Out
Users who no longer wish to receive newsletters or other promotional materials will generally be provided with a link or other mechanism to use to unsubscribe from the receiving the respective materials. You may opt out of receiving such newsletters or other promotional materials by following the procedure provided there.
If you have any questions about your privacy rights, or how to opt-out of having your information shared other than as described above, please contact the Privacy Officer at the address below. Please note, for certain communications (such as related to your account information or system status) and the sharing of certain of your information, it may not be possible for you to just opt out of having your information shared; your only option would be to terminate your service.
In most cases, it is impractical for us to stop any other third party to whom we have supplied your information pursuant to the terms of this Policy from continuing to use such information after you have opted out. In other words, opting out will usually not stop other third parties to whom we have provided your information from continuing to use it.