Last update: 14/03/2019
Please read carefully these Terms of Service before using the https://softcube.com website and/or Softcube Service.
By using the Website and/or the Services You confirm the fact that You agree with the terms set out in this Agreement and You will apply best efforts to comply with these Terms. In the event You disagree with this Agreement in full or with any portion of it, please immediately stop using the Website and/or the Services.
Softcube reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the Agreement please stop using the Website and/or the Service.
NOTE: In order to use the Softcube Website and/or the Service You must be of legal age to do so and to be eligible to operate such Website or Service according to the applicable legislation. If You are not of legal age please stop using the Website and/or the Service. We reserve the right to terminate the Agreement between Softcube and an individual of under legal age at our sole discretion and without notice to the individual.
Softcube is a provider of two types of services:
1) If You create a Client Account, as further prescribed, we will help You to generate additional sales for Your e-commerce shop. Our Service allows Clients to run video ads. Our Service for Clients has the following features:
2) If You create a Contributor Account, as further prescribed, You will be able to provide your content to the Softcube Website and receive a license fee for its licensing to the Clients under these Terms.
You agree to use our Website and/or Services only for lawful reasons and for purposes permitted by these Terms.
Specifically, You agree and warrant that in using the Website and Services, Your actions do not contravene the laws, rules, or regulations of:
|NOTE: Softcube is not responsible for any violation of applicable laws, rules, or regulations committed by You and/or Your customers. It is Your responsibility to ensure that Your use of the Softcube application, Website, and Services does not contravene applicable laws, rules, or regulations.|
Usage of the Website and/or Services
You agree not to access (or attempt to access) the Services by any means other than through the means provided by us or our authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, You agree:
You may sign up for a personalized account (“Account”) to get access to the full range of features offered by the Website and/or Services. There are two types of Accounts on our Website: Client Account and Contributor Account. You should register a Client Account, if You want to run video ads, and a Contributor Account, if you want to provide content for licensing.
By creating an Account, You agree to provide accurate, up-to-date and complete information about Yourself and keep this information updated. We reserve a right to suspend or terminate Account if we have reasonable grounds to believe that Account is being used in contradiction to these Terms and/or contain information that is untrue, inaccurate, not up-to-date or incomplete.
When You create Your Account, You will choose a personal, non-transferable password. An account may be used only by one person. After You accept these Terms, and we accept Your registration, Your Account will be established. You are solely responsible for all activities that occur under Your Account, whether or not such use was authorized by You.
Please note that if You choose to use Third-party account to log in to our Website and/or use our Services. We are able to access all of Your data in connection with Your Third-party account, including, without limitation Your friends’ list, pictures You posted, businesses and stories you “liked,” places You visited, etc.
The information You provide is used for such purposes as allowing You to set up an Account and profile that can be used to interact with other Users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from Softcube.
By creating, uploading, posting, submitting, sending, receiving, storing, or otherwise making available User Content on or through the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us a limited, revocable, non-exclusive, sublicensable, transferable, royalty-free, worldwide license to access, use, copy, reproduce, disclose, publish, broadcast, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for the purpose of rendering Services, advertising and promoting Softcube and for any purpose that may arise out of these Terms.
Contributors understand and hereby agree, that by downloading or providing links to any files, videos, pictures, data, information and other materials they give us permission to sublicense their User Content to Clients, subject to license fee. Accordingly, Clients understand and hereby agree that their use of Contributors’ Content is subject to a limited, revocable, non-exclusive, non-sublicensable, non-transferable, worldwide license, granted on a payable basis, as laid down in Section “Payment Terms”.
When you create, download, provide links to or make available any User Content, you thereby represent and warrant that:
You are solely responsible for any User Content you download or provide links to. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content.
Softcube also does not, as a matter of practice, review, inspect, or monitor any User Content posted, stored, or accessed by You or any other user of the Website or Services. However, Softcube may edit User Content to provide its Services, such editing shall not be conducted without Your prior permission.
Softcube may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that You post or transmit as well as all content posted or transmitted through or by use of Your Account.
Content prohibited from the Website and Services include but is not limited to:
Softcube reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that Softcube learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. Softcube’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any User (or any other third party) does not waive Softcube’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
Intellectual property rights
Softcube shall be the sole and exclusive owner of all right, title and interest (including, but not limited to, all Intellectual Property Rights) in and to the Service, the Website, and all the other materials contained thereof. You are only permitted to use the Website and information presented on it (including all the related materials to it) only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media. Also, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Softcube materials.Softcube hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, or otherwise provided on this Website are the properties of their respective owners. Softcube disclaims any proprietary interests in the intellectual property rights other than their own.
Clients understand that their use of the Softcube Services may result in charges for the services they receive (“Charges”). Please, read more about our Charges here. Charges are payable to the Softcube’s account on the basis of invoice within a period indicated therein. Softcube reserves the right to terminate your Account in case of late payment. Charges paid by You are final and non-refundable, unless otherwise determined by Softcube.
Softcube reserves the right to establish, remove and/or revise Charges for the Services at any time at Softcube’s sole discretion.
Contributors will receive the license fee for the licensed User Content, provided that the Content is used by any Client having paid for a Plan. The license fee is calculated for each Contributor individually and constitutes 30% of the part of the Plan price determined on a pro rata basis. The license fee is payable each month for a period of Client’s using the Contributor’s User Content.
Softcube may use third-party services in order to perform its functions. Third-party services include, but are not limited to, payment processors, merchandise providers, website operators etc.
We provide technical support for our Users. To receive technical support from Softcube, the User seeking such support must request such support by contacting Softcube at email@example.com. The User should describe the nature of the problem to be resolved as well as provide information about the User (name, address, etc). Softcube will make reasonable efforts to respond to such requests in a timely manner. The User shall cooperate with Softcube when seeking technical support services by providing information necessary to assist Softcube or requested by Softcube while diagnosing or resolving the issue. Although Softcube cannot guarantee that a technical support issue will be resolved, Softcube will make reasonable efforts to perform technical support services in a professional manner.
Term and Termination
The term of these Terms of Service (“Term”) begins when You start using the Website or Services and shall continue in perpetuity unless otherwise terminated by Softcube or You by written notice. Softcube reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Softcube’s trademarks, trade names, copyrights, and other intellectual property.
|NOTE: After termination of this Agreement You will no longer be authorized to use the Website and/or Services in any way.|
We may send to you electronically all communications, agreements, documents, receipts, notices, and disclosures that Softcube provides in connection with Your Account and use of the Service. We may provide these communications to You by posting them via the Website or Service, or by emailing them to You at the email address you provide. You may unsubscribe from email communications at any time.
You agree to defend Softcube, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees), resulting from your breach or violation of any provision of these Terms of Service, infringement, misappropriation or Your violation of the rights of any other party, Your violation or noncompliance with any law or regulation. Softcube reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and You agree to fully cooperate with Softcube upon its request.
Disclaimer of warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR SERVICE OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICE OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SOFTCUBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOFTCUBE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific Softcube products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, You may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.
YOU HEREBY WARRANT THAT:
(1)INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY,
(2)CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY,
(3)RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT
(4)TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY,
(5)PROMOTE VIOLENCE OR CONTAIN HATE SPEECH,
(6)VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR
(7)CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. Thus, no product may be exported or re-exported
Notice and Procedure for Making Claims of Copyright Infringement
It is Softcube policy to respond to notices of alleged copyright infringement that comply with the applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act. If You believe that your work has been copied in a way that constitutes copyright infringement, please proceed to our DMCA Policy.
Unlawful or Prohibited Use
You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party’s use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Softcube to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any Softcube server or otherwise attempt to disrupt the Softcube servers. ANY ATTEMPT BY YOU TO DAMAGE SOFTCUBE’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF SOFTCUBE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, SOFTCUBE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Softcube endorses or sponsors the linker or its website, products or services. You must not use Softcube’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Softcube. Furthermore, You agree to remove the link at any time upon Softcube’s request.
Limitation of liability
IN NO EVENT SHALL SOFTCUBE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SOFTCUBE AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOFTCUBE RECORDS, PROGRAMS OR SERVICES. SOFTCUBE SHALL IN NO EVENT BE RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE ON THE WEBSITE BY ANY USER. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
If the Website and Services are not available for any period or any time, Softcube shall not be liable. Softcube gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Softcube reserves the right to suspend the operation of the Website or Services. You agree that neither Softcube nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
In no event shall Softcube be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at Softcube’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause Softcube immediate and irreparable harm and damages. As a result, Softcube has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Softcube in law or in equity, Softcube may seek specific performance of any term in these Terms of Service.
Links to third-party websites
The Website may contain links to third-party websites. We provide these links only for your convenience and are not responsible for the content, products, or Services on or available from those websites, resources, or links that are displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Softcube does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches the national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
We regularly update technical, content and other information on the Website. However, we make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided on the Website. We are able to add, review or delete information, resources, and services posted on the Website.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
You may not assign or transfer any of Your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer any or all of our rights under these Terms of Service, in whole or in part, without obtaining your consent or approval.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.
Ending Your Relationship with Softcube
These Terms of Service will continue to apply until terminated by either You or Softcube as set out above. If You want to terminate this legal agreement with Softcube (i.e. these Terms of Service), You may do so by notifying Softcube at any time in writing firstname.lastname@example.org. Softcube reserves the right to terminate these Terms of Service with You at its own discretion at any time, upon notice, and without any liability to Softcube whatsoever, You are solely responsible for canceling Your Account.
Should you have any questions or comments regarding the Terms of Service, you may contact Softcube in writing email@example.com.
|NOTE: There is a space designated for You to write a message to us. Please be attentive when writing a message. You bear sole responsibility for the information You disclose in the designated space. Do not write any information that You are not willing to disclose.|
Copyright © 2018 SoftCube Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of SoftCube Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Softcube™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of SoftCube, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the SoftCube, Inc or third party trademarks or logos without the prior written consent of SoftCube, Inc. or the applicable trademark owner is strictly prohibited.