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Terms of Use
Giveaway Cube’s Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY GIVEAWAYCUBE ("GIVEAWAYCUBE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.GIVEAWAYCUBE.COM (THE "SITE") AND ALL SERVICES PROVIDED BY GIVEAWAYCUBE ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, participants, contributors of content, information and other materials or services on the Site.
1. Giveaway Cube is a Venue
Giveaway Cube acts as a venue to allow users who comply with GiveawayCube's policies to post giveaway and find giveaway contest. GiveawayCube is not directly involved in the transaction between giveaway host and contestant whatsoever. As a result, GiveawayCube has no control over the quality, safety, morality or legality of any aspect of the giveaways listed, the truth or accuracy of the listings, the ability of hosts to provide items or the ability of contestants to getting for items. GiveawayCube does pre-screen posts or the content or information provided by users on a random basis, however GiveawayCube cannot ensure that a giveaway hosts or contestant will actually complete a contest.
Consequently, GiveawayCube does not transfer legal ownership of items from the giveaway host to the contestant.
GiveawayCube cannot guarantee the true identity, age, and nationality of a user. You agree that GiveawayCube is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on GiveawayCube. You use the GiveawayCube service at your own risk.
2. Membership Eligibility
Age: GiveawayCube 's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. If in the case users who are not 18 years and older use the service at GiveawayCube, intentionally or unintentionally given false identifications or any other informations, GiveawayCube does not take responsibility or any consequences and free from all legal matters. GiveawayCube may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use GiveawayCube's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by GIVEAWAYCUBE's policies as stated in the Agreement and the Giveaway Cube policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by GIVEAWAYCUBE, each of which is incorporated herein by reference and each of which may be updated by GIVEAWAYCUBE from time to time without notice to you:
The Do’s & Don’ts of GIVEAWAYCUBE
Fees Policy
Privacy Policy
Copyright and Intellectual Property Policy
Trademark Guidelines
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by GIVEAWAYCUBE from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Username: User at GiveawayCube agrees to use the username that has been agreed and approved by GiveawayCube with full responsibility. If in the case username has been used or not available anymore on the first registration step, GiveawayCube will ask for other username to be used.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GIVEAWAYCUBE of any unauthorized use of your password or any breach of security. You also agree that GIVEAWAYCUBE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than GIVEAWAYCUBE without GIVEAWAYCUBE's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address, company/blog URL and giveaway status. To list giveaways on GIVEAWAYCUBE you must provide and maintain valid giveaway information such as your giveaway URL and other informations.
Account Transfer: You may not transfer or sell your GIVEAWAYCUBE account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: GIVEAWAYCUBE’s services are not available to temporarily or indefinitely suspended GIVEAWAYCUBE members. GIVEAWAYCUBE reserves the right, in GIVEAWAYCUBE's sole discretion, to cancel and deny unconfirmed or inactive accounts or any suspicious accounts. GIVEAWAYCUBE reserves the right to refuse and ban service to anyone who intentionally or unintentionally breach GiveawayCube’s Terms of Use, for any reason, at any time.
3. Fees and Services
Joining on GIVEAWAYCUBE is free. GIVEAWAYCUBE charges fees for listing a sponsored/featured giveaway. When you list a giveaway you have an opportunity to review and accept the fees (if there’s any) that you will be charged. GIVEAWAYCUBE's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for GIVEAWAYCUBE's services are effective after GIVEAWAYCUBE provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, GIVEAWAYCUBE may choose to temporarily change the Fees Policy and the fees for GIVEAWAYCUBE's services for promotional events (for example, free listing days); such changes are effective when GIVEAWAYCUBE posts the temporary promotional event on the Site. GIVEAWAYCUBE may, at GIVEAWAYCUBE's sole discretion, change some or all of GIVEAWAYCUBE's services at any time. In the event GIVEAWAYCUBE introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using GIVEAWAYCUBE. GIVEAWAYCUBE keeps accepted payment information on file.
Fees and Termination: If GIVEAWAYCUBE terminates a listing or your account, if you close your account, or if the payment of your GIVEAWAYCUBE fees cannot be completed for any reason, you remain obligated to pay GIVEAWAYCUBE for all unpaid fees plus any penalties, if applicable. If the giveaway host's account is not paid in full and becomes past due, the host risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact GIVEAWAYCUBE. GiveawayCube will attempt to resolve a dispute, GIVEAWAYCUBE will do so in good faith based solely on GIVEAWAYCUBE's policies. GIVEAWAYCUBE will not make judgments regarding legal issues or claims.
4. Listing Giveaway
Listing Description: By listing a giveaway on the Site you warrant that you and all aspects of the giveaway comply with GIVEAWAYCUBE's published policies. You also warrant that you may legally giveaway the item. You must accurately describe your giveaway and all terms of entering the contest in your giveaway listing. Your listings may only include text descriptions in English, graphics, pictures and other content relevant to the listing of that giveaway. All giveaways must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the giveaway/giveaways in that listing. If the "number of prize" quantity is more than one, it must be stated. Each unique item must have its own listing.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to GIVEAWAYCUBE and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on GIVEAWAYCUBE.
Restricted Activities: Your Content and your use of GIVEAWAYCUBE shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the giveaway of illegal, counterfeit or stolen items
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, GIVEAWAYCUBE's Copyright and Intellectual Property Policy)
4. Violate this Agreement, the DO’s and DON’Ts of GIVEAWAYCUBE, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain giveaways that have been identified as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including GIVEAWAYCUBE staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, blogs, company or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack GIVEAWAYCUBE or modify another website so as to falsely imply that it is associated with GIVEAWAYCUBE; or it is GiveawayCube or associated
11. Appear to create liability for GIVEAWAYCUBE or cause GIVEAWAYCUBE to lose (in whole or in part) the services of GIVEAWAYCUBE's ISPs or other suppliers
12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the DO’s and DON’Ts of GIVEAWAYCUBE, or other policy documents as posted on GIVEAWAYCUBE.
Furthermore, you may not list any giveaway on GiveawayCube (or consummate any transaction that was initiated using GIVEAWAYCUBE's service) that could cause GIVEAWAYCUBE to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: GIVEAWAYCUBE does not claim ownership rights in your Content. You grant GIVEAWAYCUBE a license solely to enable GIVEAWAYCUBE to use any information or Content you supply GIVEAWAYCUBE with, so that GIVEAWAYCUBE is not violating any rights you might have in that Content. You grant GIVEAWAYCUBE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow GIVEAWAYCUBE to store or re-format your Content on GIVEAWAYCUBE and display your Content on GIVEAWAYCUBE in any way as GIVEAWAYCUBE chooses. GIVEAWAYCUBE will only use personal information in accordance with GIVEAWAYCUBE's Privacy Policy.
Re-Posting Content: By posting Content on GIVEAWAYCUBE, it is possible for an outside website or a third party to re-post that Content. You agree to hold GIVEAWAYCUBE harmless for any dispute concerning this use. If you choose to display your own GIVEAWAYCUBE-hosted image on another website, the image must provide a link back to its listing page on GIVEAWAYCUBE.
7. Information Control
GIVEAWAYCUBE does not control the Content provided by users that is made available on GIVEAWAYCUBE. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using GIVEAWAYCUBE, you agree to accept such risks and that GIVEAWAYCUBE (and GIVEAWAYCUBE's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on GIVEAWAYCUBE. Please use caution, common sense, and practice safe listing giveaway and joining contests when using GIVEAWAYCUBE.
Other Resources: GIVEAWAYCUBE is not responsible for the availability of outside websites or resources linked to or referenced on the Site. GIVEAWAYCUBE does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that GIVEAWAYCUBE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
GIVEAWAYCUBE IS NOT INVOLVED AND HAS NO CONTROL IN THE TRANSACTIONS OR THE PROCESSING OF THE GIVEAWAYS. YOU ACKNOWLEDGE AND AGREE THAT GIVEAWAYCUBE IS NEITHER INVOLVED NOR A PARTY IN ANY TRANSACTION OR INTERACTION BETWEEN OR AMONG GIVEAWAYCUBE USERS, AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and GIVEAWAYCUBE, please contact GIVEAWAYCUBE.
Should you have a dispute with one or more users, or an outside party, you release GIVEAWAYCUBE (and GIVEAWAYCUBE's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. GIVEAWAYCUBE encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
GIVEAWAYCUBE, for the benefit of users, may try to help users resolve disputes. GIVEAWAYCUBE does so in GIVEAWAYCUBE's sole discretion, and GIVEAWAYCUBE has no obligation to resolve disputes between users or between users and outside parties. To the extent that GIVEAWAYCUBE attempts to resolve a dispute, GIVEAWAYCUBE will do so in good faith based solely on GIVEAWAYCUBE's policies. GIVEAWAYCUBE will not make judgments regarding legal issues or claims.
10. GIVEAWAYCUBE's Intellectual Property
GIVEAWAYCUBE, and other GIVEAWAYCUBE graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Giveaway Cube in the Australia and/or other countries. GIVEAWAYCUBE's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access GIVEAWAYCUBE for any purpose whatsoever, except to the extent expressly permitted by and incompliance with GIVEAWAYCUBE's API Terms of Use or otherwise without GIVEAWAYCUBE's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in GIVEAWAYCUBE's sole discretion, an unreasonable or disproportionately large load on GIVEAWAYCUBE's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The DO’s & DON’T’s of Giveaway Cube from the or otherwise without the prior express written permission of GIVEAWAYCUBE and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
12. Breach
Without limiting any other remedies, GIVEAWAYCUBE may, without notice, and without refunding any fees, delay or immediately remove Content, warn GIVEAWAYCUBE's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
GIVEAWAYCUBE suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise including but not limited to) a user has breached this Agreement, the Privacy PolicyThe, DO’s & DON’T’s of Giveaway Cube, or other policy documents and community guidelines incorporated herein; GIVEAWAYCUBE is unable to verify or authenticate any of your personal information or Content; or GIVEAWAYCUBE believes that a user is acting inconsistently with the letter or spirit of GIVEAWAYCUBE's policies, has engaged in improper or fraudulent activity in connection with GIVEAWAYCUBE or the actions may cause legal liability or financial loss to GIVEAWAYCUBE's users or to GIVEAWAYCUBE.
13. Privacy
Except as provided in GIVEAWAYCUBE's Privacy Policy GIVEAWAYCUBE will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. GIVEAWAYCUBE sites and processes Content on computers located in Australia that are protected by physical as well as technological security.
14. No Warranty
GIVEAWAYCUBE, GIVEAWAYCUBE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND GiveawayCube'S SUPPLIERS PROVIDE GiveawayCube'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIVEAWAYCUBE, GIVEAWAYCUBE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GIVEAWAYCUBE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GIVEAWAYCUBE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
15. Liability Limit
IN NO EVENT SHALL GIVEAWAYCUBE, AND (AS APPLICABLE) GIVEAWAYCUBE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GIVEAWAYCUBE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GIVEAWAYCUBE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
16. No Guarantee
GIVEAWAYCUBE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside GIVEAWAYCUBE's control.
17. No Agency
You and GIVEAWAYCUBE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. GIVEAWAYCUBE Service
GIVEAWAYCUBE reserves the right to modify or terminate the GIVEAWAYCUBE service for any reason, without notice, at any time. GIVEAWAYCUBE reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If GIVEAWAYCUBE makes a material change GIVEAWAYCUBE will notify you here, by email, by means of a notice on our home page, or other places GIVEAWAYCUBE deems appropriate. What constitutes a "material change" will be determined at GIVEAWAYCUBE's sole discretion, in good faith, and using common sense and reasonable judgment.
