Last updated: July 12, 2022
This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this Agreement, you represent that you have the full legal authority to enter this agreement on behalf of the party identified in the registration process, and in that capacity you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the App.
This agreement (the “Agreement”) for use of the MobileQubes Mobile Application, as updated from time to time, (the “App”) is between MobileQubes, Inc. (“MobileQubes,” “we,” “us,” and “our”) and the party (“you,” “your”) indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App in accordance with this Agreement, the “Registration”).
- Registration. You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement.
- Eligibility. In order to use this App, you need to: (1) be 18 years of age or older and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. By completing a Registration, you represent and warrant that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these this Agreement. You may not use or access the App if you do not agree to these terms.
- License. Subject to the terms and conditions of this Agreement, MobileQubes grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the App for your personal and non-commercial use only as specifically set forth in this Agreement. MobileQubes reserves for itself and its licensors any rights not expressly granted in this Agreement. You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your mobile device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all updates to and versions of the App.
- Your Responsibilities and Restrictions.
- You may only create and hold one account for the App and our services for your personal use. You must be at least 18 years old use the App and to place an order or rent a Qube via the App.
- To use the App, you must have a compatible device, and we do not warrant that the App will be compatible with your mobile device. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the App. Use of the App requires Internet access or mobile data, which may be subject to additional fees or charges. You shall be responsible for all fees and charges incurred with respect to accessing to the App.
- You shall maintain and cause to be maintained the confidentiality of your user ID and password. You may not provide your account information to anyone else or allow anyone else to login to the App using your account information. You may not permit any other individual or company to use, access, or view the App. You must keep your password strictly confidential.
- You shall not do, nor shall you authorize any person or entity to do, any of the following: (i) use the App for any purpose or in any manner not specifically authorized by this Agreement; (ii) make any copies or prints, or otherwise reproduce or print, any portion of the App, whether in printed or electronic format; (iii) distribute, republish, download, display, post, or transmit any portion of the App; (iv) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble any App; (v) modify, adapt, translate, or create derivative works from or based upon any part of the App, or combine or merge any part of the foregoing with or into any other software, document, or work; (vi) refer to or otherwise use any part of the App as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (vii) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the App, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (viii) fail to preserve all copyright and other proprietary notices in any copy of any portion of the App made by you or on your behalf; (ix) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the App without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (x) use the App to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (xi) use the App to store, receive, or distribute any information in violation of any applicable law; (xii) diminish or infringe any intellectual property rights in and to the App or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed in association with the foregoing; (xiii) cause the App to defame or infringe the rights of any other person, including rights of publicity or privacy; (xiv) use the App to break or violate any applicable law, regulation, ordinance or guideline; (xv) impersonate any person or entity; (xvi) act in a manner that is fraudulent, libelous, abusive, obscene, discriminatory, harassing, or illegal; (xvii) transmit any computer viruses, worms, trojan horses or other malware; (xviii) use any device, software, methodology, or routine to interfere with or disrupt the App or the servers or networks connected to the App by trespass or burdening network capacity; (xix) harvest or collect information about other MobileQubes users or customers; (xx) restrict or inhibit any other person from using the App, including without limitation by means of “hacking” or defacing any portion thereof; (xxi) “frame” or “mirror” any portion of the App; (xxii) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the App; or (xxiii) attempt to do or assist any party in attempting to do any of the foregoing.
- You agree that you will use the App only in a manner that complies with all applicable laws and that your use of the App is subject to all applicable local, state, national, and international laws and regulations. You further agree to access the App only from within the United States. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States.
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Terms of Sale.
- You pay for rentals via the App. By submitting an order or rental, you represent and warrant that you are authorized to use the designated payment method, and you authorize MobileQubes, through its third party payment processor, Stripe, to charge for the rental (including taxes, service charges, commissions, and any other amounts described) to that card or other payment method. You agree that MobileQubes may immediately authorize the credit card (or other approved facility) for payment for any rental made under your user account. You are responsible for all activities and charges that occur under your user account, and your liability for such charges shall continue after termination of this Agreement. We enforce a maximum order amount of $100 per order, and we reserve the right to modify this maximum at any time without notice.
- Only valid credit cards or other payment method acceptable to MobileQubes may be used. If the card (or other payment method) cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current, and you agree that MobileQubes may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem encountered with the payment method before MobileQubes proceeds to process a rental. In the event of an error—whether on the App, in an order confirmation, in processing a rental, or otherwise—MobileQubes reserves the right to correct such error and to revise the rental accordingly if necessary (including charging the correct price) or to cancel the rental and refund any amount charged.
- All prices, taxes, service charges, commissions, and other amounts are shown in U.S. dollars. Prices, taxes, service charges, commissions, and other amounts are subject to change without notice. Items are subject to availability with the participating venue partner, and MobileQubes reserves the right to impose quantity limits on any rental, to reject all or part of an rental, and to discontinue products or services without notice on behalf of itself or the participating venue partner.
- ONCE A RENTAL IS ACCEPTED, IT CANNOT BE CANCELLED. ALL RENTALS ARE FINAL, AND WE ARE NOT OBLIGATED TO FACILITATE ANY RETURNS OR REFUNDS. If we issue a refund in our discretion, any refunds will be credited to the same card or, in our discretion, other payment method.
- You agree to indemnify, defend, and hold harmless MobileQubes, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from any Loss arising out of or related to use of the App or the orders made via the App, or any products ordered or received thereunder. This obligation will survive your use of the App and termination of this Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
- Promotions.
- MobileQubes may, in its sole discretion, make promotional offers with different features and different rates available to any or all of our users in the United States. Unless made available to you, these promotional offers will have no bearing on your obligation to pay the amounts charged. Unless otherwise stated, promotions applied to a purchase will be reflected at checkout and will either be deducted from (i) the total rental charged, as part of the authorized charge to the payment instrument(s) associated with your account or (ii) if the promotion is related directly to the fees (e.g. no service charge), deducted from the fee. Promotions are automatically applied toward your future rentals using the App at participating venue partners. We reserve the right to determine the order in which promotions are applied to transactions and their priority to other promotional codes. We cannot guarantee that the promotions with the earliest expiration dates will be given priority in all transactions, and you agree to monitor your account regularly to verify the status of promotions. MobileQubes has no obligation to offer or redeem any promotion, including if such promotions are unavailable due to error or technical failure.
- MobileQubes may regulate, modify, and/or eliminate any promotional credits in its sole discretion at any time, with or without notice to you. You cannot use any promotions on past purchases. In some cases, you may not be able to combine promotions with any other promotions or discounts. Some promotions have expiration dates. The expiration date will be displayed on the App and can be found, for example, on the applicable menu pages. Expired promotions have no value. Further, MobileQubes does not issue or award retroactive promotions for any reason.
- MobileQubes may display promotions anywhere on the App, including on menu pages or elsewhere, and MobileQubes will, in its sole discretion, select the promotions that are available to you. Promotions may be limited to select participating venue partners, sponsors, and/or brand partners. Promotions may not be available at all locations or participating venue partners, sponsors, or brand partners. Promotions may require you to select the promotion on the App, require you to enter a promotional code in order to redeem the promotion, require you to add qualifying menu items to cart, or as otherwise communicated to you on the App.
- Promotions may only be redeemed by you and are not transferable to another account. Promotions from separate accounts cannot be combined. Promotions cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public. Promotional credits may never be redeemed or exchange for real money or used outside of the App. MobileQubes has no obligation to refund you for any unredeemed promotions or any associated benefits following cancellation, suspension or modification of any promotion or your account.
- ONLY THOSE PROMOTIONS DISPLAYED ON THE APP WILL APPLY. PROMOTIONS THAT PARTICIPATING VENUE PARTNERS ADVERTISE OR OFFER VIA OTHER CHANNELS MAY NOT BE AVAILABLE ON THE PLATFORM AT ALL OR AT ANY GIVEN TIME.
- Additional terms and conditions presented at the time of offering may apply for each to any promotion, and you agree to such terms as set forth on the App.
- Notwithstanding anything to the contrary and subject to applicable law, MobileQubes reserves the right to cancel, suspend and/or modify any aspect of or the entirety of any promotion, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion. We many (i) suspend or terminate promotion, (ii) refuse to honor a promotion, and/or (iii) withhold or deduct credits or other value obtained, with or without notice, if a participating venue partner requests such suspension or termination or if we, in our sole judgment, determine that you have violated these terms, engaged in any fraud or abuse relating to the accrual or redemption of promotions, or otherwise acted in a manner inconsistent with the promotion’s intent. Such action may result in the forfeiture of all unredeemed promotions and/or the opportunity to earn and/or redeem additional promotions in the future as well as suspension or termination of your account.
- Ownership; Proprietary Rights; Third Parties.
- You acknowledge and agree that you do not acquire any ownership rights to the App through this Agreement or by use of the App. MobileQubes and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and all intellectual property and proprietary rights therein. You acknowledge and agree that MobileQubes has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the App.
- You may suggest improvements and/or communicate to MobileQubes ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of MobileQubes and/or its licensors and may be used and sold, licensed, or otherwise provided by MobileQubes and/or its licensors to third parties, or published or otherwise publicly disclosed, in MobileQubes’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to MobileQubes any and all of your right, title, and interest in and to any such Ideas.
- Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license, if any, authorizing use of such code. Your use of Google Pay or Apple Pay is subject to the terms and conditions and privacy policies of Google and Apple, respectively. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and MobileQubes only, not with Apple. We, not Apple, are responsible for the App and the content of it. The license granted to you in this Agreement is for on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
- Technical Data; License to Your Data; Communications.
- MobileQubes shall have the right to collect and analyze data and other information relating to the provision, use and performance of the App and related systems and technologies, and MobileQubes will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the App and for other development, diagnostic and corrective purposes in connection with the App and other service offerings, (ii) disclose such data in aggregated or de-identified form in connection with its business, and (iii) otherwise use and disclose such data as set forth in our Privacy Policy [https://mobilequbes.com/privacy-policy/hyperlink].
- In order for MobileQubes to provide the App, you grant to us a non-exclusive right and license to use, copy, distribute, display, and transmit information entered during Registration or otherwise into the App as well as technical information collected via the App to the extent necessary to provide the App and our services. The App maintains certain personally identifiable information about you. Except as otherwise required by law or court order or as described in the Privacy Policy [https://mobilequbes.com/privacy-policy/hyperlink], MobileQubes will not use or disclose any such information for any purpose other than to provide the App and our services and to enforce our rights.
- BY PROVIDING YOUR INFORMATION VIA THE REGISTRATION AND APP, YOU AUTHORIZE MOBILEQUBES, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE APP OR AS PART OF THE REGISTRATION, AND TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE APP OR AS PART OF THE REGISTRATION TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE APP AND THE SERVICES PROVIDED BY MOBILEQUBES. YOUR CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL.
- No Warranties; Risk Allocation.
- THE APP AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. MOBILEQUBES, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MOBILEQUBES KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. MOBILEQUBES EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. MOBILEQUBES DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE.
- DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, MOBILEQUBES DOES NOT WARRANT THAT THE APP, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE APP OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION.
- MOBILEQUBES CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APP OR FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE APP FOR ANY RECONSTRUCTION OF ANY LOST DATA.
- NEITHER MOBILEQUBES NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER MOBILEQUBES WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- THE APP IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL MOBILEQUBES’ OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
- The information presented on or through the App is made available solely for informational purposes. We use reasonable efforts to update the information on the App, and the contents of the App are subject to change without notice. MOBILEQUBES DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. MOBILEQUBES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE APP.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
- You agree to indemnify, defend, and hold harmless MobileQubes, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from and against any Loss arising from or related to any violation of the terms of this Agreement by you or your agents. This obligation will survive your use of the App and termination of this Agreement.
- YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
- Term and Termination. This Agreement is effective upon your acceptance of it in the course of the Registration (the “Effective Date”), and it shall continue in effect until terminated in accordance with this section (the “Term”). You acknowledge that the App is provided free of charge, and MobileQubes may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the App. We may also, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App or portions thereof, including but not limited to the App’s features, look and feel, and functional elements and related services. You may terminate this agreement at any time upon closing your account, uninstalling the App, and ceasing use of the App and our services. Upon termination of this Agreement for any reason or no reason: (i) your access rights will terminate and you must immediately cease all use of the App.
- Digital Millennium Copyright Act.
- MobileQubes respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated copyright agent to receive DMCA Notices is:
- MobileQubes respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Jason Palmer
Chief Operating Officer
MobileQubes
625 Celeste St.
Suite 207
New Orleans, LA 70130
- If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
- MobileQubes has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
- Trademarks. The MobileQubes name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of MobileQubes or its affiliates or licensors. You must not use such marks without the prior written consent of MobileQubes. All other names, logos, produce and service names, designs, and slogans on this App are the trademarks of their respective owners.
- Other Provisions.
- This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign this agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
- Except as otherwise expressly provided herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect.
- The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
- If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
- This Agreement shall be construed and enforced in accordance with the laws of the state of Georgia (other than its conflicts of law provisions), and venue for any dispute shall be exclusively in the federal or state courts sitting in Georgia. We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App from a particular account, device and/or IP address.
- MobileQubes shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
- You may contact us at MobileQubes, 625 Celeste St., Suite 207, New Orleans, LA 70130 or info@mobilequbes.com for any complaints or claims with respect to the App.