Cubeez.com - User Terms and Conditions
Last updated 07 July 2001

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (the "Site").

TERMS OF THE USER CONDITIONS
Cubeez Ltd ("Cubeez.com") will provide you (as a user of the Site (as defined below)) with access to the Cubeez.com Website (which includes all of the content and any search facilities, directory services, downloads, links and other internet services provided by Cubeez.com from time to time) located at www.cubeez.com or any subsequent URL which may replace it (the "Site") in accordance with these terms and conditions together with the Privacy Policy ("User Conditions").

If you do not agree to be bound by these User Conditions, you may not access or use this Site and Cubeez.com has the right to restrict or prevent your access to the Site. By accessing the Site you agree to be bound by and comply with all the User Conditions and any Additional Rules (as defined below) in order to become and remain an authorised user of the Site.

COPYRIGHT AND LIMITED PERMISSION TO COPY
You may not submit third party proprietary information to Cubeez.com without first obtaining permission from the owner. You are solely responsible for any information, messages, or other material ("Content") that is submitted, uploaded or posted on the Site by you or your Children, (including, but not limited to your, or your Children's, participation in newsgroups or chat services). By submitting Content to the service, you grant Cubeez.com on your behalf and on behalf of your Children an unrestricted, royalty-free, perpetual, worldwide right and license to use, reproduce, modify, publish, translate and distribute the Content and/or to incorporate it in other works. You agree to irrevocably and unconditionally waive on your behalf and on behalf of your Children in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.

Unless otherwise stated, the copyright, trademarks and all other intellectual property rights in all material supplied as part of the Site shall remain at all times vested in Cubeez.com or its licensors. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Site or any material appearing on the Site may be reproduced or stored in or transmitted to any other web site. No material appearing on the Site may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Cubeez.com and the payment of a specified fee. Any other use of the material and content of the Site is strictly prohibited. You agree that you and your Children will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Any request for permission may be sent to Cubeez.com via email at info@cubeez.com.

POSTINGS
To the extent that portions of this Site provide users an opportunity to post names to the Birthday Board (the "Postings"), please be advised that Postings do not necessarily reflect the views of Cubeez Ltd. In no event shall Cubeez Ltd assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Cubeez Ltd have the right to use and change the Postings in any manner that Cubeez Ltd may determine. Additionally, Cubeez Ltd may sweep its Postings periodically in its sole discretion.

Cubeez Ltd does not allow Postings that contain:

Although Cubeez Ltd periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Cubeez Ltd will make every effort to ensure that the Birthday Board best serve the interests of all users and, therefore, Cubeez Ltd reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules. Cubeez.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout our website. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUBEEZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUBEEZ.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUBEEZ.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CUBEEZ.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Cubeez.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Cubeez.com or a Cubeez.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Cubeez.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

STANDARDS OF CONDUCT
When using the Site you and your Children are expected to show courtesy to others and demonstrate respect, good taste, and decorum. Failure to do so it may result in the immediate termination of your account.

You agree that you and your Children:

(a) will only use the Site in a manner that is consistent with these User Conditions;
(b) will use the Site only in accordance with all relevant laws and regulations and not
for any illegal purpose;
(c) will not upload, post, e-mail or otherwise transmit through the Site any material that contains software, viruses, macro viruses, trojan horses, cancelbots or worms 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;
(d) will not upload or transmit through the Site any material (including but not limited to your participation in news groups or chat services) which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(e) will not upload or transmit through the Site any material (or otherwise use the Site in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
(f) will not interfere with or disrupt the Site or servers or networks connected to the Site or contravene any requirements, procedures, policies or regulations of networks connected to the Site or otherwise use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or impaired; and
(g) will not attempt any unauthorised access to any part or component of the Site.

You agree that in the event that you or your Children have any right, claim or action against another user arising out of another user's use of the Site, then you will pursue such right, claim or action only against that user and independently of and without recourse to Cubeez.com.

GOVERNING LAW
The User Conditions and any Additional Rules are governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the English courts in relation to any dispute arising under these User Conditions, any Additional Rules or in relation to the Site, save that Cubeez.com has the right at its sole discretion to commence and pursue proceedings in alternative jurisdictions.