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Terms of Service

Through this website, Gotcubed Sevices Pvt. Ltd. ("gotcubed", "we" or "us") provides access to software and services ("Service") that allow a customer ("Customer", "user" or "you") to use gotcubed and create on gotcubed. These Terms of Service ("Agreement") describes the terms and conditions on which Gotcubed provides the Services to Customers. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICES OR THIS WEBSITE, OR BY DOWNLOADING THE GOTCUBED APPLICATION, THE CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH GOTCUBED. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to download the gotcubed application.

When accepting this agreement, the user should also be aware of and be bound by our privacy policy.

Gotcubed retains the right to modify this agreement from time to time. Those modifications will be effective from the time they are posted on gotcubed. It is agreed upon by the user to be bound by those modifications. Therefore, it is also agreed upon by the user to review any changes in the terms of agreement, Privacy policy on a regular basis to be aware of any changes in the terms of use.

Terms of Agreement

This Agreement shall remain in full force and effect while you use the Service. Gotcubed may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. Any changes to the agreement will be enforced upon posting of the agreement to gotcubed.com.

Registration

If you register as a Customer or otherwise use the Services, you represent and warrant to Gotcubed that:

(i) you are of legal age to form a binding contract;

(ii) you will provide Gotcubed with accurate, current and complete registration information; and

(iii) your registration and your use of the Services is not prohibited by law.

Gotcubed reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Services under it. You should not share your password nor use the Services using the registration of any third party.

When you sign up to become a Member, you will also be asked to login using your facebook account. You are entirely responsible for maintaining the confidentiality of your account details. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Gotcubed immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

As a registered member of Gotcubed you are authorizing Gotcubed to send automatic messages in the form of emails, short messages on a mobile device, or other methods of communication to yourself or people you contact through gotcubed.

Posting and Use of Content

For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Gotcubed on or through the Service. Gotcubed reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. The Content posted by the users are not necessarily reviewed by Gotcubed and do not represent the policies and views of gotcubed. Gotcubed does not endorse and has no control over such content.

Points, Rewards and Prizes

In some (but not all) instances, Gotcubed may allow Customers to earn points and rewards, and to qualify for prizes.

a. Points will be awarded to players who complete challenges as indicated by the listing for points that is displayed to you immediately after you complete the challenge. Points may be withheld or reduced at any time in gotcubed’s absolute discretion. Without limitation of the foregoing, Gotcubed may not award points if a player is not physically at the required location; if the player answers a challenge incorrectly; if a player provides a photo that does not meet the requirements of the challenge; or if the player includes any profanity, vulgarity or other unacceptable User Content in responding to the challenge. Points have no cash value and may not be redeemed for cash.

b. Rewards are not applicable to all challenges. If a reward is offered, the fulfillment of the reward is the responsibility of the Partner sponsoring the applicable reward. If you qualify for a reward, by default the reward with the lowest point value is initially selected. Once you have selected a reward and points are earned towards that reward, the points cannot be transferred to another reward.

c. Not all challenges feature grand prizes. Grand prizes are the responsibility of the applicable Partner offering the prize. While Gotcubed will inform a player of the award of a grand prize, gotcubed has no responsibility for fulfillment of any prize.

Sponsors

Some gotcubed challenges may be sponsored by third party brand partners ("Partners"). Not all challenges feature prizes or rewards. However, any prizes, rewards and promotions that are offered in Partner promotions are sponsored by gotcubed’s Partners and are awarded solely at the discretion of the Partner. Gotcubed shall not be responsible for any decision taken by its Partners or any other act or omission of any Partner in connection with such challenges or other use of Gotcubed. Additional terms may apply to certain challenges, prizes or awards.

Objectionable Content

It is strictly advised not to post any disturbing, lewd, violent, sexually explicit, invasive of privacy, unlawful, racism, hatred subject matters. Despite the prohibition and monitoring of the site, objectionable information might appear on gotcubed. All users who come across such information agree to report the abuse by emailing the objectionable link to Gotcubed team at abuse[@]gotcubed.com. Gotcubed assumes no responsibility or liability for such material.

Ownership of Material:

gotcubed does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on to the Service. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through gotcubed, you hereby grant to us a limited global license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through our Services. The user also agrees to allow us to earn any money through way anyway we deem suitable through gotcubed. The user agrees not to charge Gotcubed for the limited license. If the user intends to, we request the user to immediately take his/her content off the website. Gotcubed also retains the right to sublicense its services and thus the content posted on the Service without any liability to the content owners.

Other information posted by Gotcubed is completely owned by Gotcubed and its licensors. Users are strictly prohibited from copying, replicating this content for any purposes. All content, services, applications are protected by copyright, trademark, patent and other local laws.

Copyrighted Material

GOTCUBED respects the intellectual property rights of others, and requests you to do the same. GOTCUBED does not permit copyright infringing activities and infringement of intellectual property rights on its GMA, and GOTCUBED will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GOTCUBED reserves the right to remove Content without prior notice. GOTCUBED will also terminate a User's access to the GMA, if they are determined to be a repeat infringer. GOTCUBED may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. Please provide GOTCUBED the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

2. a description of the copyrighted work that you claim has been infringed, including the location where the copyrighted work exists or a copy of the copyrighted work;

3. a description of where the material that you claim is infringing is located on gotcubed;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Gotcubed contains Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.

Copyright and Trademark Notice for a website

Gotcubed Services Private Limited (“Gotcubed”) is, unless otherwise stated, the owner or licensee of all rights in this website and all its contents. All contents of this website including but not limited to text, photos, graphics, sound, animation and videos are subject to protection by copyright and other laws relating to intellectual property. The use of this website forms a legally binding contract between the user and gotcubed and the consideration for the same shall be the mutual representations and promises gotcubed and the user exchange as set out hereunder.

The contents of this website shall not be copied, distributed, sold, licensed, changed or made available to third parties for any purpose whatsoever. Any usage, reproduction, distribution, sale, license, editing and any form of commercial use, transmission to third parties fully, partially or in edited form is not permitted and any such use shall constitute an infringement of gotcubed’s rights. No user of this website shall have any right, title, or interest in the same or any of its contents, unless the user has obtained prior permission in writing and such user shall be strictly in accordance with such permission “gotcubed” and “the device of cube” are service marks, trademarks, and/or trade names owned by gotcubed. These and all other trademarks, service marks, and trade names used in this website are owned by gotcubed, and are protected by trademark laws. No user of this website shall have any right, title, or interest in the same or any of its contents, unless the user has obtained prior permission in writing and such user shall be strictly in accordance with such permission.

All other product or company names, logos, icons, graphics or designs referred to in this website are the trademarks and/or service marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such owners and gotcubed intends no infringement of such trademarks and/or service marks in any manner whatsoever. The appearance or absence of any third party’s trade names, trademarks or service marks on the website does not imply any endorsement or non-endorsement thereof by gotcubed. All rights not expressly granted herein are reserved by gotcubed.

Non-commercial Use by Members

Gotcubed is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by gotcubed. Illegal and/or unauthorized use of the our site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the gotcubed.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.

Illegal Activities

It is agreed by the Users not to use the Service for any kind of illegal activities, like sexual solicitation, financial traps, solicitation of personal info, threatening, obscene or defamatory activities, sexual imagery, stalking, Virus, automated scripts which will add friends, write comments onto individual profiles and their content, using others account information, posting copyrighted and pirated material, chain letters, spamming, photos or information of other persons for which you do not have explicit acceptance and etc.

Gotcubed is committed to its users overall safety and reserves the right to work and cooperate with local authorities to take appropriate action against any user indulging in illegal activities on gotcubed.

Member Disputes

You are solely responsible for your interactions on the Service. Gotcubed reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Privacy on Gotcubed is governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Security

We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Disclaimers

Gotcubed is not responsible and liable for the authenticity of content posted on the Service or content posted in connection with gotcubed. The content could have been posted by users or by Gotcubed or its licensors.

Any external links on the Service posted by users, staff or advertisers are not endorsed or checked by gotcubed. We request the users to use their discretion while clicking on those links.

No offers made by users or advertisers are endorsed by gotcubed. Gotcubed takes no responsibility for such offers. Gotcubed does not assume any responsibility for any damages caused to the user because of any error in services, omission of information, unauthorized actions, failure of infrastructure, natural calamities etc.

Under no circumstances shall Gotcubed be responsible for any loss or damage, including personal injury or death, resulting from use of the Service because of any Content posted on or through the Service, or from the conduct of any Users of gotcubed, whether online or offline. The Service are provided "AS-IS" and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Gotcubed cannot guarantee and does not promise any specific results from use of the Service.

Limitation on Liability

IN NO EVENT SHALL GOTCUBED, 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 GOTCUBED, (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 GOTCUBED, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH GOTCUBED 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 OR OTHERWISE MADE AVAILABLE VIA GOTCUBED, 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 GOTCUBED SHALL NOT BE LIABLE FOR CONTENT UPLOADED TO GOTCUBED, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Disputes

If there is any dispute about or involving gotcubed, you agree that the dispute shall be governed by the Civil court of Bombay, Maharashtra, India without regard to conflict of law provisions. Either Gotcubed or you may demand that any dispute between Gotcubed and you about or involving Gotcubed must be settled by arbitration utilizing, provided that the foregoing shall not prevent Gotcubed from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold gotcubed, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Gotcubed in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the our Website or through the Services causes gotcubed to be liable to another.

Other

This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Gotcubed regarding the use of the Service. The failure of Gotcubed to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. Gotcubed is a trademark of Gotcubed Services Pvt Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


Privacy Policy

Gotcubed Services Pvt. Ltd. (“gotcubed,” “we,” or “us”) knows that you care about how your personal information is used and shared. This Privacy Policy explains what information of yours will be collected by Gotcubed when you use the Gotcubed Service. Additionally, it explains how you can control the collection, correction and/or deletion of such information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this policy are defined in our Terms of Use. Our expectation is that Gotcubed Users will use this service for harmless social purposes. We would like to extend a cautionary note however, that by its nature, your location information may be subject to misuse and over-monitoring by others including your friends, family, or acquaintances. We therefore request you to manage your own mobile and profile privacy preferences on the service on a periodic basis.

What Information Is Collected?

Provided by User

Gotcubed will store the information that you provide to us during the registration process as well as during the use of the Service. This information may include but is not limited to your email address, birthday, and/ or Facebook/Twitter login ids. While using the service, you may choose to share more information such as locations and tips which may be publicly displayed to other Users and third party sites or services depending on your privacy and opt-in settings. Gotcubed automatically receives information about your location when you use the service. This personal information is used for improving the content of the service, customizing the experience on the Service and communicating with you.

Automatically collected

When you use the service, gotcubed automatically records information including but not limited to your location, IP address, browser and page requested from your browser or mobile platform. We treat this information as personally non-identifiable and use it only in aggregate form, unless otherwise required to under applicable law. We may provide aggregate information to Gotcubed partners about how our customers collectively use the Service.

How Is My Information Protected?

Gotcubed uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, Gotcubed cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

Your Gotcubed account personal information is protected by a password for your privacy and security. You can prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

How Is My Information Shared?

Sharing with everyone

Information such as your name and picture, social network links, badges, list of friends, tips, shouts, reviews photos etc are shared by default with the Gotcubed community. However, you can choose to restrict the visibility of your check-in related information by choosing to check-in anonymously.

Sharing with partners and authorities

Gotcubed works closely with its partners in order to provide discounts and other offers to you through gotcubed’s service. Gotcubed may choose to share your personal information with its partners for the potential benefit of customers. We may release personal information when we believe in good faith that it is necessary in order to comply with the law of the land, to enforce our terms of use or to protect the rights, property, or safety of gotcubed, our employees, our users, or others.

Your Choices About Your Information

You have the right to decline to submit personally identifiable information through the service. If you choose to do so, Gotcubed may not be able to provide certain services to you. Currently your check-ins have two privacy settings. By default, check-ins are shared with everyone. You may choose to share a check-in with anonymously at the time of check-in and bypass the default setting.

How do I remove my account?

Even after you remove your account, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users.

Tracking

Gotcubed uses third party services to better understand who is using the Service, and how it is being used. Google Analytics uses cookies to collect and store anonymous information such as the time(s) of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used. We use this information to improve the Service and make it appealing to as many users as possible.

Links

You may come across links to external websites on gotcubed. We are not responsible for the practices employed by these websites. This privacy policy governs only the practices collected on our service.

Will There Be Changes To This Privacy Policy?

Gotcubed may amend this Privacy Policy periodically. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or by sending you an email. Users are bound by any changes to the Privacy Policy when they use the Service after such changes have been first posted.

What If I Have Questions Or Concerns?

If you have any questions or concerns regarding your privacy while using the Service, please send a detailed message to: privacy@gotcubed.com. We will make every effort to resolve your concerns.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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