Terms & Conditions for Web Sites Operated by Zoomkube
Welcome to our web site! We offer information about our products, events and other company related content. There are a few rules our visitors must follow when using our site, so we ask all our visitors to read these terms and conditions (“Agreement”) carefully.
Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since use of this site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement.
We do not intend to make changes to our Agreement very often but reserve the right to do so. However, it is always a good idea to double check when you visit our site to ensure that you have read and agree with our most current Agreement.
Intellectual Property Ownership
All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this web site (“Content”) are owned by Zoomkube or used with permission.
Although you can copy any part of this web site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the web site into any other work, including your own web site, or use the Content in any other public or commercial manner unless you have a license from us to do so. That also means that Zoomkube retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content.
Unless otherwise specified, all trademarks used on this site are the property of Zoomkube, our business partners affiliate companies.
You may not engage in any activities through the web site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this web site. You may not monitor or copy Content on the web site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the web site. You agree to indemnify, defend and hold harmless Zoomkube, its partners and its member companies, officers and employees from any damages, liabilities and expenses (including reasonable attorneys’ fees) arising from any third party claims resulting from, or arising out of, your use of the web site or posting of content, if permitted. We reserve the right to terminate your access to the web site at any time, without notice, for any reason whatsoever.
Although this web site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and web sites.
If you find information to be incorrect, please notify us at:
Then we will follow up and correct any content if we find it is incorrect.
Use of this Site - Limitation of Liability and Disclaimer
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither Zoomkube nor its partners, member companies or other third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the site or for any information, products, or services advertised in or obtained through the site. Zoomkube’s removal or deletion of any materials submitted or posted on its site or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Zoomkube, its partners or member companies have been advised of the possibility of damages. This disclaimer applies, without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage. Your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Zoomkube nor its partners or member companies shall be liable for any defamatory, offense or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Zoomkube is to discontinue your use of the site. You and Zoomkube agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Zoomkube expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from Zoomkube or through or from the site shall create any warranty of any kind. Zoomkube does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
You agree to indemnify, defend and hold harmless Zoomkube and its partners and member companies and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these terms and agreements. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Zoomkube reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Zoomkube in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of Delaware govern this Agreement and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of Delaware for any action arising out of or relating to this Agreement. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Delaware and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Entire Agreement and Admissibility
This Agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Zoomkube with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.