TERMS OF SERVICE
May 25, 2018
By using our application or our services, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using our applications or accessing our services. The materials contained in our applications, web site are protected by applicable copyright and trade mark law.
1. License to Use the Service
1.1 Grant of Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant CodeCube Brothers policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the service for your own non-commercial entertainment purposes. You agree not to use service any other purpose.
The following restrictions apply on the use of the service:
- You shall not create an Account or access the Service if you under age of 13. You shall restrict use by minors, and you will deny access to children under the age 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously removed by CodeCube Brotehers, or previously been banned from playing CodeCube Brothers games.
- You shall use your Account only for non-commercial purposes. You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also you other credentials to access the Account ("Login information"). You shall not share the Account or login information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses the login information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
CodeCube Brothers reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims a third party that a username violates the third party's rights.
Any use of the service violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that CodeCube Brothers deems to be in conflict with the spirit or intent of the service or make improper use of CodeCube Brothers service.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software bots, hacks, modes or any unauthorized third party software designed to modify or interfere with the service, any CodeCube Brothers game or any CodeCube Brothers game experience.
- Modify or cause to be modified any files that are a part of the service or any CodeCube Brothers game without CodeCube Brothers express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the service or otherwise act in a manner that may negatively affect other users experience when using the service or playing CodeCube Brothers games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the service.
- Disrupt, overburden or aid or assist in the distribution or overburdening of any computer or server used to offer or support the service or any CodeCube Brothers game environment.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINAT TH SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCES TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY FIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS HOW MAY BE REPEAT INFRINGES OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
CODECUBE BROTHERS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
CodeCube Brothers reserves the right to stop offering and/or supporting the service or a particular game or part of the service at any time, at which point your license to use the service or a part thereof will be automatically terminated. In such event, CodeCube Brothers shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued service.
Termination of you account can including disabling your access to the service or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason. This means that you lose items and goods which are currently in your account and CodeCube Brothers are not responsible to refund or restore these items.
2.1 Games and Service
All rights, title and interest in and to the service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effect, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using CodeCube Brothers game client, and the CodeCube Brothers game clients and service software) are owned by CodeCube Brothers. CodeCube Brothers reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CODECUBE BROTHERS.
2.3 Virtual Items
CodeCube Brothers owns, has licensed, or otherwise has right to use all of the content that appears in the service or CodeCube Brothers games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or any content that appears in the service, including without limitation the virtual goods or currency appearing or originating in any CodeCube Brothers game, whether earned in game or purchased from CodeCube Brothers, or any other attributes associated with an account or stored on the service.
3. User Content
3.1 Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data and information that you upload or transmit through a CodeCube Brothers game client or the service, or that other users upload or transmit, including without limitation any chat text. By transmitting any User Content while using the service, you affirm, repsesent and warrant that such transmission or submission is:
- accurate and not confidential or misleading.
- not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from nay third party whose personal information or intellectual property is comprised in the User Content
- free of viruses, adware, spyware, worms or other malicious code
3.2 Information Use by Other Members of the Service
3.2.1 Public Discourse
The service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. CodeCube Brothers cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want to others to use, do not post it on the service. CodeCube Brothers shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2 Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the service and that you provide to others. CodeCube Brothers may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of CodeCube Brothers violates these Terms of Service.
3.2.3 Your License to CodeCube Brothers
You hereby grant to CodeCube Brothers an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative words thereof in connection with our provision of the service, including marketing and promotions of the service. You also hereby grant to CodeCube Brothers the right to authorize others to exercise any of the rights granted to CodeCube Brothers under these Terms of Service. You further hereby grant to the unconditional, irrevocable right to use and exploit your name, likeness any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. CodeCube Brothers does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. CodeCube Brothers has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3 User Interactions
You are solely responsible for your interactions with other users of the service and any other parties with whom you interact through the service and/or CodeCube Brothers games. CodeCube Brothers reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with CodeCube Brothers to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting CodeCube Brothers access to any password protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
In the service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
- "virtual currency", including but not limited to virtual cash or diamonds, all for use in CodeCube Brothers games
- "virtual in-game items" (together with "virtual currency", "virtual items"
- other goods or service ("merchandise").
You are only allowed to purchase Virtual Items from us or authorized partners through the service, and not in any other way.
CodeCube Brothers may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. CodeCube Brothers shall have no liability to you or any third party in the event that CodeCube exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the service. Other than expressly authorized in service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to CodeCube Brothers, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL NON-REFUNDABLE.
The provision of Virtual Items for use in CodeCube Brothers games is a service provided by CodeCube Brothers that commences immediately upon acceptance by CodeCube Brothers of your purchase.
4.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. CodeCube Brothers may revise the pricing for the goods and services offered through the service at any time.
YOU ACKNOWLEDGE THAT CODECUBE BROTHERS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the service is an evolving one. CodeCube Brothers may require that you accept updates to the service and to CodeCube Brothers games you have installed on your device or computer. You acknowledge and agree that CodeCube Brothers may update the service and CodeCube Brothers games, with or without notifying you. You may need to update third party software from time to time in order to receive the service and play CodeCube Brothers games.
6. Disclaimer of Warranties
WITHOUT LIMITING CODECUBE BROTHERS LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CODECUBE BROTHERS NO WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIME OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODECUBE BROTHERS SHALL NOT BE LIABLE TO YOU FOR NAY INDIRECT, INDICENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODECUBE BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, CODECUBE BROTHERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CODECUBE BROTHERS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO CODECUBE BROTHERS DURING SUCH TIME PERIOR, YOUR SOLE REMEDY (AND CODECUBE BROTHERS LIABILITY) FOR ANY DISPUTE WITH CODECUBE BROTHERS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CODECUBE BROTHERS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CODECUBE BROTHERS.
You agree indemnify, defend and hold CodeCube Brothers (and our officers, directors, agents, subsidiaries, join ventures and employees) harmless from any claim, demand, damages or others losses, including reasonable attorney's fees, asserted by any third-party resulting from or arising out of your use of the service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of right is not attributable to your intentional or negligent behavior.