Terms of Service:
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any products and services available trough the http://getcu3er.com. If these terms and conditions are considered an offer by MADEBYPLAY, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
1. Member Account.
If you create a account on http://getcu3er.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You must immediately notify MADEBYPLAY of any unauthorized uses of your account or any other breaches of security. MADEBYPLAY will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MADEBYPLAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MADEBYPLAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. Member Responsibility.
If you create a account on http://getcu3er.com, post or upload material to the Service, post on the http://getcu3er.com or support forums, or otherwise make material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, software, music, sound, photographs, video, messages, or other materials. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to MADEBYPLAY for inclusion on your Service, you grant MADEBYPLAY a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Service.
Without limiting any of those representations or warranties, MADEBYPLAY has the right (though not the obligation) to, in MADEBYPLAY’s sole discretion (i) refuse or remove any content that, in MADEBYPLAY’s reasonable opinion, violates any MADEBYPLAY policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in MADEBYPLAY’s sole discretion. MADEBYPLAY will have no obligation to provide a refund of any amounts previously paid.
3. Account & Licenses.
- Fees and Payment. By ordering PRO license you agree to pay MADEBYPLAY the license fee in exchange for the services and benefits listed at http://getcu3er.com/pricing. MADEBYPLAY reserves the right to change the payment terms and fees at its sole discretion.
- Credit Card Billing, Receipts and Privacy. The PRO license owner will receive an email receipt upon successfully license purchase. MADEBYPLAY uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for MADEBYPLAY. Please visit http://getcu3er.com/privacy to understand how MADEBYPLAY collects and uses personal information.
- Refund. There is no circumstance in which you will be entitled to a refund from MADEBYPLAY. We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
- Support.Account with PRO license include access to email support. “Email support” means the ability to make requests for technical support assistance by ticket via one of our feedback/support mechanisms at any time (with reasonable efforts by MADEBYPLAY to respond within one business day) concerning the use of the PRO license and Service. All support for accounts with PRO license will be provided in accordance with MADEBYPLAY standard practices, procedures and policies.
- cManager. Account with PRO or LITE license include access to and use of cManager, MADEBYPLAY's online application for creating and configuring CU3ER.
4. Intellectual Property.
This Agreement does not transfer from MADEBYPLAY to you any MADEBYPLAY or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MADEBYPLAY. MADEBYPLAY, CU3ER, http://getcu3er.com, the CU3ER logo, and all other trademarks, service marks, graphics and logos used in connection with http://getcu3er.com, or the Service are trademarks or registered trademarks of MADEBYPLAY or MADEBYPLAY’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any MADEBYPLAY or third-party trademarks.
5. No resale of service.
You agree not to sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Agreement.
MADEBYPLAY reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. MADEBYPLAY may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MADEBYPLAY reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if MADEBYPLAY believes that You have violated terms and conditions in this Agreement. MADEBYPLAY may terminate your access to all or any part of the Service at any time, with or without notice, effective immediately.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. MADEBYPLAY shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
If you wish to terminate this Agreement or your http://getcu3er.com account, you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a CU3ER account, such account can only be terminated by MADEBYPLAY if you materially breach this Agreement; provided that, MADEBYPLAY can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, license, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL PRODUCTS AND COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND MADEBYPLAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MADEBYPLAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM MADEBYPLAY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. Limitation of Liability.
In no event will MADEBYPLAY be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. MADEBYPLAY shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You agree to indemnify and hold harmless MADEBYPLAY, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
12. Governing Law.
This Agreement shall be governed by the laws of the Serbia without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Serbia for the purpose of resolving any dispute relating to Your access to or use of the Service.
13. Complete Agreement.
This Agreement constitutes the entire agreement between MADEBYPLAY and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MADEBYPLAY, or by the posting by MADEBYPLAY of a revised version.