Terms And Conditions of Use

By accessing www.mycubi.com (“Mycubi”) you [confirm that you are 16 years of age or over and that you] agree to the following terms and conditions.

Mycubi is an online service comprised of ads, forums, and various email services (referred to hereafter as "the Service") provided subject to the following conditions (“Terms and Conditions”) by [Mycubi….give registered company name and address].

Responsibility of User:

As a condition of using Mycubi you agree that you will not:

• violate any laws;
• post any threatening, abusive, defamatory, obscene or indecent material including but not limited to material for the sale or promotion of adult services, gambling services or illegal materials or substances;
• post any material that is libelous, invasive of another's privacy, or is harmful to minors in any way;
• post material that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
• be false or misleading whether by creating false or fictitious events or services, fake or fictitious Cubi Call requests, fake or fictitious job opportunities or job requests or otherwise;
• infringe any third-party rights;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Mycubi or the interests or property of Mycubi users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of Mycubi;
• copy, modify, or distribute any other third party's content without their consent;
• use any robot spider, scraper or other automated means to access Mycubi and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Mycubi.

You are solely responsible for all information that you submit to Mycubi and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or that breaches the above terms. A breach may result in immediate deactivation of your account. We reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration. An account may be terminated if it has been inactive for an extended period of time. By accessing Mycubi you agree that Mycubi shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service following such termination.

Any serious misconduct resulting in harm to others or with the potential to cause harm to others, whether direct or indirect, shall be reported to the police where necessary. Mycubi shall provide any personal information required for police investigation.

Mycubi shall not be liable for failure of a user to pay any applicable taxes or levies arising from Mycubi transactions. You acknowledge and accept that you are solely responsible for the payment of all taxes or levies that become payable as a result of any services or good received via Mycubi.

Illicit Postings

Although we shall endeavour to issue timely warnings, remove any illicit materials and to restrict activity that is not in keeping with the Terms and Conditions, we do not accept any liability for monitoring Mycubi or for unauthorized or unlawful content or activity on Mycubi.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

We do not review users’ postings and are not involved in the actual transactions between users. We are not responsible and refuse to accept liability for any failure of a user to comply with the Terms and Conditions or any other applicable statutory rules or regulations.

In no way do we guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered or the services that may be provided by Mycubi users. In the event that a user suffers loss or damage as a result of a service acquired through the site, the user shall only have recourse to the service provider and not Mycubi. Mycubi does not accept any liability for the quality or the efficiency of a service acquired through Mycubi.
YOU HEREBY AGREE THAT USE OF MYCUBI AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Content

Mycubi contains postings, messages, text, files, images, photos, videos, sound or other materials (“Content”) provided by us, you, and other users. By accessing Mycubi you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Content available through the service may contain links to other websites, which are completely independent of Mycubi. Mycubi makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Mycubi be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

Copyright

The content is protected by copyright laws and international treaties. You agree not to copy, distribute or modify content from Mycubi without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Mycubi. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Mycubi (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

By accessing this site you agree not to post content that infringes the rights of third parties. The foregoing includes but is not limited to content that infringes third party intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale).

We encourage users to report any offers which they know or suspect to infringe third party rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Mycubi

Fees

Using Mycubi is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in US Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Service. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Limit of Liability

We do not guarantee that the online Service provided will be continuous, secure or error-free or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we do not give any promises or warranties (whether express or implied) about the availability of our Service.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose, non-infringement of proprietary rights and those arising by statute. To the fullest extent permitted by law, we disclaim any warranties for other services or goods received through or advertised on Mycubi, or accessed through any links on Mycubi. To the fullest extent permitted by law, Mycubi disclaims any warranties for viruses or other harmful components in connection with the service. We are not liable for any loss, whether financial (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Mycubi, even if you advise us or its reasonably foreseeable that such damage may occur.

In the event that the foregoing limit of liability is unenforceable in a particular jurisdiction or if we are found liable for any other reason, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US dollars.

Indemnity

You agree to indemnify and hold Mycubi, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Severability

If any provision in the Terms and Conditions is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of Mycubi, it will be deleted, but the validity, legality and enforceability of the remaining provisions of the Terms and Conditions shall not be impaired or affected in any way.

Personal Information

By using Mycubi, you agree to the collection, transfer, storage and use of your personal information by Mycubi on servers located in the United States as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Variations

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms and Conditions at: http://mycubi.com/terms.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of California and shall be subject to the exclusive jurisdiction of the California courts.