Terms of Use

Use of cubender.com and any of its services requires that you agree to our Terms of Use.

1. ACCEPTANCE

These Terms and Conditions of Use (the “Terms of Use") are binding on all persons that access the websites located at www.LIVECONTROL.com and/or app.LIVECONTROL.com and/or account.LIVECONTROL.com (the “Websites") without qualifications or exceptions. By entering the Websites, the user of the Websites (the “User" or “you”) agrees to be bound by and shall be deemed to have accepted the Terms of Use, which the User acknowledges to have read and understood.

If the User does not agree to any of the Terms of Use, the User may not enter, view or make use of the Websites.

The owners, webmasters and authors of the Websites ("LIVECONTROL") reserve the right to make any changes to the Websites, its content and/or services offered through the Websites at any time and without notice.

User generated content published on the Websites reflects the views of visitors to the Websites and does not necessarily constitute the opinion of LIVECONTROL nor does it constitute legal or other professional advice on any subject matter.

The Websites are owned by LIVECONTROL and the User acknowledges that LIVECONTROL or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the Websites including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets.

2. ELIGIBILITY

Use of the Websites and membership is void where prohibited. By using the Websites, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Websites does not violate any applicable law or regulation. Violation of these terms may result in your account being deleted and your membership terminated without warning.

3. SERVICES

LIVECONTROL shall provide certain services that may include, but not be limited to, the designing, programation and formation, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, animations, video, also collectively known as the "Content"). Please note that part of the Services [NOTE: reference to “Services” is not defined you use Charged Services later on, ensure that there is consistency of defined terms] (or special features) may be provided only to Users who subscribe for such Services and LIVECONTROL may charge fees for Services. The Services are provided by LIVECONTROL AS IS and LIVECONTROL assumes no responsibility for any failure in providing the Services to the Users.

LIVECONTROL may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. LIVECONTROL may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. LIVECONTROL may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any LIVECONTROL product or image or webpage including such which have been created by users unless stated otherwise.

4. RESPONSIBILITIES

You accept sole responsibility for all of your activities using the Websites, including your conduct on the Websites and any and all content you may submit, post or share via the Websites. You will not use the Websites for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

5. ACCESS

A. LIVECONTROL hereby grants you permission to use the Websites as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for its intended purpose and/or in a manner allowed by LIVECONTROL; and (ii) you will otherwise comply with these Terms of Use

B. In order to access some features of the Websites, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify LIVECONTROL immediately of any breach of security or unauthorized use of your account. Although LIVECONTROL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LIVECONTROL or others due to such unauthorized use.

6. LINKS AND LINKED CONTENT

LIVECONTROL enables you to link to third party websites. LIVECONTROL includes the ability to link solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply). LIVECONTROL has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User's own risk and discretion.

LIVECONTROL enables you to link to imagery hosted on iStockPhoto.com. Specifically, it is brought to your attention that any use of images provided by iStockPhoto.com which may be used through the Websites, is subject to the terms of the iStockPhoto.com’s End User License Agreement and Terms and Conditions of Use as may be found on www.istockphoto.com.

7. FEES AND PAYMENT

Aside from trial periods, LIVECONTROL requires a payment of fees for access ("Charged Services") to the LIVECONTROL application. Use of LIVECONTROL requires that you shall pay all applicable fees, as described on the Websites in connection with such Charged Services selected by you. LIVECONTROL reserves the right to change its prices and at any time. You authorize LIVECONTROL directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Charged Services and payments made by you to LIVECONTROL.

All fees related to using Charged Services are charged automatically using the payment method as determined in the Websites. If LIVECONTROL does not receive a request for Charged Services termination in writing to one of the addresses listed on the Websites under "customer contact information," you acknowledge and understand that LIVECONTROL will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.

If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.

8. REFUND POLICY & CANCELLATION

The LIVECONTROL Charged Services are provided on a prepay basis. LIVECONTROL users may decide to discontinue their use of any Charged Services at any time. There is absolutely no charge for cancellations. Such cancellation is done by the users themselves on the LIVECONTROL account website located at account.LIVECONTROL.com. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the LIVECONTROL Website.

Cubender does not issue refunds. Instead, we offer a 14 DAY trial so users can evaluate the software prior to making a purchase. If you are unsure about the services that Cubender offers, please contact support@cubender.com before making your purchase.

9. INTELLECTUAL PROPERTY RIGHTS

All content on the Websites, with the exception of user submitted content, is subject to copyright. Content is provided AS IS and may not be used, copied, altered, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or exploited in any manner whatsoever without the prior written consent of LIVECONTROL.

10. YOUR CONTENT AND CONDUCT

A. As a LIVECONTROL account holder, you may upload content to the Websites including, but not limited to, video and imagery. You understand that LIVECONTROL does not guarantee any confidentiality with respect to any Content you submit.

B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Websites. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to LIVECONTROL all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Websites pursuant to these Terms of Use.

C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to LIVECONTROL, you hereby grant LIVECONTROL a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and LIVECONTROL's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Websites a non-exclusive license to access your Content through the Websites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Websites and under these Terms of Use. The above licenses granted by you in video Content you submit to the Websites terminate within a commercially reasonable time after you remove or delete your videos from the Websites. You understand and agree, however, that LIVECONTROL may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D. You further agree that Content you submit to the Websites will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LIVECONTROL all of the license rights granted herein.

E. LIVECONTROL does not endorse any Content submitted to the Websites by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and LIVECONTROL expressly disclaims any and all liability in connection with Content. LIVECONTROL does not permit copyright infringing activities and infringement of intellectual property rights on the Websites, and LIVECONTROL will remove all Content if properly notified that such Content infringes on another's intellectual property rights. LIVECONTROL reserves the right to remove Content without prior notice.

11. PROHIBITED USES

In addition to all aforementioned prohibitions, you agree that will NOT use the Websites to:

(a) harm minors in any way;

(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) 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;

(e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" or sending content or emails which do not comply with any applicable “anti-spam” legislation;

(f) 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; or

(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable Internet Corporation for Assigned Names and Numbers (ICANN) regulation or policy;

LIVECONTROL reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for LIVECONTROL benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in LIVECONTROL's sole opinion, constitutes a violation of any local, state, provincial, federal, or foreign law or regulation, or these Terms of Use, LIVECONTROL may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against LIVECONTROL for such action.

12. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVECONTROL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. LIVECONTROL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. LIVECONTROL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIVECONTROL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL LIVECONTROL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LIVECONTROL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Wesbites are controlled and offered by LIVECONTROL from its facilities in the United States of America. LIVECONTROL makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LIVECONTROL, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LIVECONTROL without restriction.

16. General

You agree that: (i) the Websites shall be deemed solely based in Washington; and (ii) the Websites shall be deemed passive websites that do not give rise to personal jurisdiction over LIVECONTROL, either specific or general, in jurisdictions other than Washington. These Terms of Use shall be governed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. The User attorns to the non-exclusive jurisdiction of the courts of the Province of Quebec, agrees not to contest their connection or convenience and agrees to be bound by any order of such courts. These Terms of Use, together with the Privacy Notice at http://cubender.com/privacy and any other legal notices published on the Websites, shall constitute the entire agreement between you and LIVECONTROL concerning the Websites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LIVECONTROL's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. LIVECONTROL reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Use following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND LIVECONTROL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.