Terms Of Use

Media Cube WEBSITE TERMS OF USE

These Terms of Use govern your use of this website, and other websites operated by or for Media Cube, Co. (“Media Cube”) that link to or incorporate these Terms of Use (“Media Cube Websites”). These Terms of Use are applicable to such use whether you possess or create a Media Cube Account through or on the Media Cube Websites. By accessing or using the Media Cube Websites, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Media Cube Websites. Please note that when you create an end user online profile and billing account (“Media Cube Account”) on Media Cube Websites, you are additionally subject to the Media Cube Account Terms and Conditions, which also governs your use of the Media Cube Channel Store (“Account Terms”). To the extent you have a Media Cube Account and a conflict arises between these Terms of Use and your Account Terms, the Account Terms shall govern. To the extent there is a conflict between the Developer Terms of Use and these Terms of Use, the Developer Terms of Use shall control.

CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Media Cube Websites.

PRIVACY POLICY AND CONSENT TO USE OF DATA

Media Cube’s privacy policy (“Privacy Policy”) explains Media Cube’s policies regarding the collection, use, transmission and disclosure of information provided by or collected from you via the Media Cube Websites. By agreeing to be bound by these Terms of Use, you are agreeing that you have read and understood the collection, use, transmission and disclosure of your information as described in the Privacy Policy. You should review the Privacy Policy before using the Media Cube Websites. The policies and other content of the Media Cube web pages may be changed by Media Cube in its sole discretion, without notice to you.

Click here to view the Privacy Policy.

INTELLECTUAL PROPERTY

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on the Media Cube Websites (collectively, “Content”) are owned, controlled, or licensed by or to Media Cube, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Media Cube Websites, without Media Cube’s express prior written consent. Notwithstanding the above, you may view, use, download, and print selected portions of the Media Cube Websites solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, service marks, attributions, patent, and other proprietary notices.

Media Cube Trademark Guidelines

All Media Cube trademarks are the exclusive property of Media Cube. Unauthorized use of any Media Cube trademark, service mark, or logo may be a violation of federal and state and applicable foreign trademark laws. By accepting these Terms of Use you acknowledge that you understand and agree to comply with the Media Cube Trademark Guidelines.

PURCHASES

You may be able to purchase products or services through the Media Cube Websites in certain countries. In such case, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”). TO INITIATE A PURCHASE, YOU MUST BE (A) AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR COUNTRY; AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying your Personal Financial Information, you understand that we may use and disclose such information, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing. For more information about how Media Cube uses your information, please review our Privacy Policy. You also understand and acknowledge that Media Cube may use a third-party payment processor to process credit card payments on our behalf, and when you supply Personal Financial Information in connection with a purchase, you agree that Media Cube is not responsible for the security of such information when it is in the control of the third-party payment processor.

By placing an order for any product or service made available through the Media Cube Websites, you represent that the products and/or services ordered will be used only in a lawful manner. Media Cube reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Media Cube Websites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

WARRANTY

Media Cube, Co. (“Media Cube”) warrants the Media Cube console (the “Console”) and the Media Cube controller (the “Controller”) (the Console and the Controller will each be referred to as the “Product”) against material defects in materials and workmanship under normal and intended use for a period of one (1) year, for the Console, and ninety (90) days, for the Controller, from the date of retail purchase by the original purchaser (“Warranty Period”). Under this Limited Warranty, if a warranty defect arises and a valid written claim is received by Media Cube within the Warranty Period, at Media Cube’s option and to the extent permitted by law, Media Cube will exchange the defective Product with a new or refurbished Product that complies with this Limited Warranty. To the extent permitted by law, these are your sole and exclusive remedies. No reseller, agent or employee of Media Cube may give any warranty on Media Cube’s behalf. This Limited Warranty is valid only in North America for Products sold in North America.

Exclusions and Limitations. This Limited Warranty does not apply to: (a) normal wear and tear; (b) defects caused by alterations or modifications not made by Media Cube; for clarity, opening the Product or rooting the software in and of themselves do not void this Limited Warranty, however, defects or damage caused by these actions do void this Limited Warranty; (c) damage caused by use with non-Media Cube products; (d) damage caused by accident, abuse, misuse, flood, fire, zombies, earthquake or other external causes; or (e) damage caused by operating the Product outside the permitted or intended uses described by Media Cube. Recovery and reinstallation of games, apps, software programs and user data are not covered under this Limited Warranty and purchaser will be assessed a $100 fee for recovery and reinstallation of games, apps, software programs and user data.

RETURNS & EXCHANGES

There are a few important things to keep in mind when returning a product you purchased. You can return unwanted items by post within 30 calendar days of delivery of your goods. If you are beyond 30 calendar days of delivery, please refer to our warranty. We recommend that the package be insured and sent by a method that provides for tracking.

-You have 30 calendar days to return an item from the date your package is delivered* -Only items that have been purchased directly from us -Please ensure that the item you are returning is repackaged with all elements
-Purchaser provides shipping for returns
-Media Cube, Co. provides shipping for exchanges**
-Responsibility for loss does not transfer to Media Cube, Co. -Responsibility for damage does not transfer to Media Cube, Co.

Please allow for up to 5 business days to process refunds.

SHIP YOUR ITEM BACK TO US

You will first need to email at Returns@MediaCube.co to request a Return Authorization Number.

Please include your order number and the name and email you used when ordering.

We will then confirm your order and issue you Return Authorization Number and provide the shipping address to send your item(s) back.

Please remember to ensure that the item(s) you are returning is repackaged with all elements otherwise we can’t accept the return and it will be shipped back to you.

YOUR PROVISION OF CONTACT INFORMATION TO US

You agree that all Personal Financial Information or other information that you provide to us will be (a) accurate, current, and complete; (b) promptly updated when there is a change; and (c) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to refuse any or all current or future use of the Media Cube Website or any portion thereof.

USER-PROVIDED CONTENT

You understand that all information, data, or other materials that you or another user provide in connection with the Media Cube Websites or otherwise communicate to Media Cube (“User-Provided Content”), including, but not limited to, product reviews and content posted to any user forums Media Cube makes available, are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not Media Cube, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Media Cube Websites. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Under no circumstances will Media Cube be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Media Cube Websites.

By submitting any User-Provided Content to Media Cube, you represent and warrant that:

  • you own or control all rights to User Provide Content you post on the Media Cube Websites;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity; and
  • you are at least 18 years old.

YOUR GRANT OF LICENSE TO Media Cube FOR USER-PROVIDED CONTENT

By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant Media Cube and our affiliates a perpetual, irrevocable, royalty-free, fully paid-up, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including but not limited to, in any unaffiliated third party content and in our or their publications, marketing material and advertisements. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of anyone.

Media Cube DISCRETION TO USE USER-PROVIDED CONTENT

All User-Provided Content that you submit may be used at Media Cube’s sole discretion. Media Cube reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Media Cube Websites in its sole discretion. Media Cube does not guarantee that you will have any recourse through Media Cube to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Media Cube, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

YOUR CONDUCT

You agree to comply with all laws, rules, and regulations applicable to your use of the Media Cube Websites. In addition, you agree not to:

  • upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
  • upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Media Cube Websites;
  • upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • take any action that interferes with the proper working of the Media Cube Websites, compromises the security of the Media Cube Websites, or otherwise damages the Media Cube Websites or any materials and information available through the Media Cube Websites;
  • attempt to gain unauthorized access to any portion or feature of the Media Cube Websites, to any other systems or networks connected to the Media Cube Websites, to any of our servers, or to any of the services offered on or through the Media Cube Websites, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the Media Cube Websites or any network connected to the Media Cube Websites or bypass the authentication measures on the Media Cube Websites or any network connected to the Media Cube Websites;
  • use any automated means to collect information or content from or otherwise access the Media Cube Websites, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  • harvest or otherwise collect and store information about other users of the Media Cube Websites, including e-mail addresses;
  • install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
  • interfere with or disrupt the operation of the Media Cube Websites or server networks connected to the Media Cube Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Media Cube Websites.

LINKS ON THE Media Cube WEBSITES TO THIRD PARTY WEBSITES

The Media Cube Websites may contain links to or at times connect or redirect you to websites, apps, services and resources owned or controlled by third parties (collectively “Third Party Services”). We do not control or monitor such Third Party Services and you acknowledge and agree that Media Cube is not responsible or liable for the content, functionality or practices of such Third Party Services. The inclusion of links to Third Party Services on the Media Cube Websites does not imply approval or endorsement of Third Party Services by Media Cube, nor does it suggest any association with operators of such Third Party Services. If you decide to leave the Media Cube Websites and access these Third Party Services, you do so at your own risk. We suggest that you read the terms of use and privacy policies (if any) of those Third Party Services. You agree not to hold Media Cube or its affiliated companies responsible for any harm that may arise based on your access to or use of any Third Party Services.

LINKS TO Media Cube WEBSITES

Unless otherwise set forth in a written agreement between you and Media Cube, you must not include a link (including “deep-linking,” “framing” or “inlining”) to the Media Cube Websites on any website or online service that you own, control, or operate, except with Media Cube’s prior written consent. Media Cube reserves the right to withdraw its consent at any time, and may request that any person or entity remove a link to any portion of the Media Cube Websites at any time and in its sole discretion.

INFORMATION, NEWS, PRESS RELEASES, AND ILLUSTRATIONS

The Media Cube Websites may contain information about our company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

REGISTRATION AND PASSWORDS

The Media Cube Websites may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Media Cube Websites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID and password. You agree to notify Media Cube immediately of any unauthorized use of your login ID, password, or any other breach of security involving access to the Media Cube Websites through your login ID. You acknowledge that you may be held liable for any loss or harm incurred by Media Cube or any other person or entity due to someone else using your login ID or password as a result of your failing to keep your information secure and confidential.

OPTIONAL OFFERS, PROMOTIONS AND FEATURES

We may offer or facilitate third party offers for you to participate in special offers such as rebates, coupons or other discount programs as well as promotions such as contests or sweepstakes on the Media Cube Websites or via third party platforms. These offers and promotions may require purchases or participation in surveys, and may be subject to separate and additional terms and conditions governing your participation and eligibility for any such programs.

OPERATION OF THE Media Cube WEBSITES

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (a) modify, suspend, or terminate operation of or your access to the Media Cube Websites, or any portion of the Media Cube Websites, including but not limited to, for your violation of these Terms of Use; (b) modify or change the Media Cube Websites, or any portion of the Media Cube Websites; and (c) interrupt the regular operation of the Media Cube Websites, or any portion of the Media Cube Websites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Media Cube Websites.

DISCLAIMER OF WARRANTIES

THE Media Cube WEBSITES AND ALL MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE Media Cube WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE Media Cube WEBSITES AND ALL MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE Media Cube WEBSITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE Media Cube WEBSITES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE Media Cube WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Media Cube WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE Media Cube WEBSITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE Media Cube WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES EXCEEDING FIVE US DOLLARS (US$5.00) ARISING OUT OF YOUR USE OF THE Media Cube WEBSITES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Media Cube Websites, your violation of these Terms of Use, your use or misuse of the Media Cube Websites, or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws principles.

DISPUTE BY BINDING ARBITRATION WITH CLASS ACTION WAIVER

Any dispute or claim arising from or related to these Terms of Use or Media Cube’s websites is subject to binding arbitration. By using the Media Cube Websites, you agree to be bound by those terms.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us at support@mediacube.co


Last Updated: November 30, 2015