Last Updated: 18th January 2021
1. Ownership of the Website
2. License to the Website
3. Access to the Website
4. Data You Upload To Us
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license to access, collect, store and use any data, information, feedback, records and files that you load, transmit to or enter into the Website (the “User Data”) to: (i) develop and enhance the Website; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
5. No Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not (and will not attempt to):
(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Website (including any developer community forums) any data, information, pictures, videos, music or other materials or content that:
(i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(ii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;
(iv) is false, intentionally misleading, or impersonates any other person;
(v) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(vi) is harmful to minors in any way or targeted at minors;
(vii) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
(viii) encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability;
(b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including email addresses, without the express consent of such users;
(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);
(d) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
(e) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Website or any part thereof or otherwise attempt to discover any source code;
(f) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website;
(g) use the Website for the purpose of building a similar or competitive product or service; or
6. Data Governance
(b) To the extent User Data contains information about an identifiable individual (“Personal Information”), you represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Website; and (ii) create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Website are compatible with your computer system or that the Website, or any links from the Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
8. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Website. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WEBSITE ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
10. Limitation of Liability
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
(b) your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); or
12. Changes, Termination and Survival
13. General Provisions
(b) Electronic Communications. You are communicating with us electronically when you use the Website or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) Notifications. We may provide notifications by posting the notifications on the Website itself or by sending the notifications to the email associated with your Cubiq account. We are not responsible for any automatic filtering you or your network provider may apply to email notifications. We recommend that you add @cubiqperformance.ca URLs [NTD: Confirm that this is the correct URL.] to your email address book to help ensure you receive email notifications from us.