2CUBED’s DISCLAIMER & Copyright Notices
TO THE FULLEST EXTENT PERMITTED AT LAW, 2CUBED IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, 2CUBED DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither 2Cubed nor any of its affiliates, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, 2Cubed does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of 2Cubed, its affiliates, employees or other representatives.
PERMISSION AND COPYRIGHT
Copyright of the completed web designs, images, pages, code and source files created by 2Cubed for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with us.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the 2Cubed.
Client hereby agrees that all media and content made available to 2Cubed for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend 2Cubed from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that 2Cubed may include development credits and links within any code Developer designs, builds or amends.
Client agrees that 2Cubed reserves the right to include any work done for the Client in a portfolio of work.
Terms And Conditions
- Introduction2Cubed agrees to award all rights associated with ownership and usage of designs or materials developed by 2Cubed to the client upon receipt of final payment for said designs or materials. Until such time 2Cubed retains and reserves all rights to any content created by 2Cubed. Once full payment is received by 2Cubed, the client account will receive a “Paid in full” status at which time all rights connected with usage, full and unrestricted, will be released to the client for use in all media, in all markets, for an unlimited period of time.
Copyright; Ownership (copyright and title) of the final artwork become the property of the client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. 2Cubed retains rights to display the artwork in portfolio and advertising materials. All concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of 2Cubed.
Trademarks; 2Cubed expects the client to perform research on their company name to be sure the name is not already in use and securing a trademark to protect the client’s legal rights to any name or image. 2Cubed is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
2Cubed may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you.
Section 1. Use of Material
The Site is owned and operated by 2Cubed. No material from 2Cubed or any Web site owned, operated, licensed, or controlled by 2Cubed may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as provided in these terms and conditions. Modification of the Material or use of the Materials for any other purpose is a violation of 2Cubed’s copyright and other proprietary rights. For purposes of these terms, the use of any such Material on any other Web site or networked computer environment is prohibited unless specifically authorised by 2Cubed. All trademarks, service marks, and trade names are proprietary to 2Cubed.
2Cubed authorises you to view and download a single copy of the Material (as defined below) on the Site solely for your personal, non-commercial use.
Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as “Legal Notices” on the Site and are incorporated into this Agreement by reference. These “Legal Notices” may be changed from time to time and you should visit these “Legal Notices” periodically to review any changes which will be effective immediately when they are posted on the Site.
The contents of the Site, such as text, graphics, images, photographs, music files and other material (“Material”), maybe protected by copyright under both Irish and foreign laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trade mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material.
Section 2. 2Cubed’s Liability
The following provisions set out 2Cubed’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortious act or omission (including negligence) arising under or in connection with this Agreement.
Any act or omission on the part of 2Cubed or its employees, agents or subcontractors shall be known as an “event of default”.
No statement on the Site or on any document including this Agreement shall in any way prejudice the statutory rights which you may enjoy while “dealing as a consumer” within the meaning of the Sale of Goods and Supply of Services Act, 1980 or which you may otherwise enjoy under Section 55 or Sections 40 and 46 of the said 1980 Act or while dealing as a “consumer” within the meaning of Regulation 2 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995. Subject and without prejudice to other aspects of mandatory public general law, the requirements of the said European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995, shall only be imported into this Agreement when, and to the extent that, you are dealing as a “consumer” within the meaning of the said Regulation 2.
2Cubed shall not be liable to you in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action by a third party even if such loss was reasonably foreseeable or 2Cubed had been advised of the possibility of you incurring the same) nor shall 2Cubed be liable in respect of any fault which is the responsibility of any third party service provider or licensor to 2Cubed from outside Ireland.
Except in the case of an Event of Default as set out above, 2Cubed shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon 2Cubed as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. 2Cubed shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
For the avoidance of doubt 2Cubed shall have no liability whatsoever to you whether in contract, tort or otherwise (including any liability for negligence) arising from the repair, service or maintenance of any third party equipment. In no circumstances shall 2Cubed be liable to you in respect of any such repair, service or maintenance of third party equipment for loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused including loss or damage suffered by you as a result of an action by a third party even if such loss was reasonably foreseeable or 2Cubed had been advised of the possibility of you incurring the same.
The Material may contain inaccuracies or typographical errors. 2Cubed makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
2Cubed shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
2Cubed – DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 2Cubed IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 2Cubed AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY TERMS AS TO MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 2Cubed AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. IN PARTICULAR, 2Cubed DOES NOT WARRANT THAT THE USE OF THE MATERIAL BY THE USER WILL NOT INFRINGE THIRD PARTY RIGHTS.
Section 3. User Submissions
Generally, any communication which you post to the Site is considered to be non-confidential. Do not post any personal information or confidential information on this Site unless you agree to have it accessed over the Internet. By posting communications to the Web Site, you automatically grant 2Cubed a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do the following things:
post material in circumstances that breach the criminal law; post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any intellectual property rights of others or on the data protection, privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; or
impersonate another person.
You agree not to use the Site or cause or permit any Materials to be used:
so as to jeopardize or prejudice the operation, quality or integrity of the Site or Materials, or the operation, quality or integrity of any telecommunications network; for any commercial purpose including any surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; to harvest or otherwise collect information about others, including e-mail addresses, without their consent; to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
contrary to the terms and conditions of any Internet Service Provider whose services you may use.
2Cubed does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
2Cubed does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these terms and conditions, 2Cubed may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. 2Cubed has no liability or responsibility to Users for performance or non-performance of such activities. 2Cubed reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. You agree that action taken by 2Cubed will not be challenged by you.
Section 4. Links to and from Other Web Sites
The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by 2Cubed of the contents on such third party Web Sites. 2Cubed is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
User’s correspondence with or participation in, or dealings with, third party vendors including promotions of advertisers found through the Site and payment and delivery of goods or services, are solely between User and such vendors. The vendor terms and conditions of sale shall apply to the purchase of any merchandise. 2Cubed is not a party to the vendor terms between you and the applicable vendor. By your use of the retail facilities of the vendors linked to the Site, and by agreeing to be bound with the vendor by the vendor terms, you acknowledge that the vendors (and not 2Cubed are solely responsible for the security of their web sites, the fulfillment of orders for merchandise and for the quality, suitability and fitness for purpose of any goods or services purchased. Any disputes or questions relating to merchandise or fulfillment of delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that 2Cubed and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
2Cubed generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site’s homepage (and no deeper within the Site) and provided 2Cubed gives its consent to the establishment of such links. Notwithstanding the foregoing, 2Cubed reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
Section 5. Software Licences
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by 2Cubed. 2Cubed does not transfer title to the Software to you. You own the medium on which the Software is recorded, but 2Cubed retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form (except as permitted by law). All Software that is made available for downloading from the Site is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated “Legal Notice” accompanying such software (“Licence Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.
Section 6. Limitation of Liability
Subject to Sections 2 and 3 above, the aggregate liability of 2Cubed to you for all claims arising from the use of the Site or Materials (including Software) is limited to €100 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless 2Cubed, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. 2Cubed shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Export Control
Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
Section 9. User Information
Section 10. General
This Site is controlled and operated by 2Cubed from its offices Ireland. 2Cubed makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, 2Cubed may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and 2Cubed may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in a particular “Legal Notice” or Software Licence or material on particular Web pages, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND 2Cubed WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.
2Cubed may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all 2Cubed site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from 2Cubed if in 2Cubed’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other 2Cubed site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
Information Collected by 2Cubed
Each time you visit the Site, two general levels of information about your visit may be retained by 2Cubed: (1) non-personal information and (2) personal information.
(2) Personal Information Personal information is information which is personal or particular to a specific visitor who chooses to provide that information. This category would typically include information provided by you for subscriptions or competitions including your name, postal and email address and contact phone number.
Purposes for which we hold your data
We keep your personal and non-personal data for the following purposes:
(1) To communicate with you and provide you with marketing and product information;
(2) To personalise your visit to the Site;
(3) To track your movement through the Site (for marketing and advertising purposes);
(4) To notify you of competitions, ezines or other promotions;
(5) To provide information to our advertisers and business partners; and
(6) For the performance of any request by or contract with you.
We will process your personal information to administer your registration or subscription, determine your eligibility for certain services, provide services to you, and enable you to take advantage of other member benefits. Your information may also be used to verify your identity, to protect against fraud, and to send you updates about your account.
If you do not wish to receive communications from us or our business partners, please email us.
Transfer of Data
We may share personal information with our business partners if we are satisfied that it will only be used in accordance with the purposes described above. We will also disclose your personal information if we are legally required to do so or if it is reasonably necessary to protect and defend the rights or property of 2Cubed.
We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their functions, but may not use it for other purposes.
Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, 2Cubed cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we use our reasonable commercial efforts to ensure its security on our systems.