Terms of Service

Terms of Use and Customer Information

Cubiex User Agreement

THIS CUBIEX USER AGREEMENT IS ENTERED BETWEEN you, a gamer using the cubiex platform (“platform”) for private purposes and, thus, as a consumer, (“user” OR “YOU”) AND esports ventures UG (haftungsbeschränkt) a german limited liability company with its registered seat at SophienstraSSe 75, 64711 Erbach (“cubiex”), AS SERVICE PROVIDER FOR the cubiex web platform. THE TERMS AND CONDITIONS OF the cubiex user agreement WILL BE LEGALLY BINDING ON YOU UPON THE EFFECTIVE DATE. YOU AND cubiex may INDIVIDUALLY be referred to as A “PARTY” AND COLLECTIVELY AS THE “PARTIES”.

Content

What Forms a Part of the Agreement

How We May Change the Cubiex User Agreement

How You Enter into a Cubiex User Agreement

What Duties You Have When Using the Cubiex Platform

Which Rights of Use Do You Grant Us When Creating Content and How Content Is Handled

What Is Our Intellectual Property and Which Rights of Use We Grant You

Which Duties We Have Towards You and How We Handle Our Liability Towards You

What We May Do If You Are in Breach of Your Duties

What Term the Cubiex User Agreement Has

How Either Party May Terminate the Cubiex User Agreement

Which Law Applies to the Cubiex User Agreement

What Either Party May Do in Case of a Legal Dispute

Which Rights You Have as a Consumer and Other Important Consumer Information

What Forms a Part of the Agreement

Entire Agreement. This Cubiex User Agreement comprises the entire agreement between you and Cubiex and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties regarding the subject matter contained herein. No modification or amendment of this Agreement shall be effective unless in text-form.

Severability.  If any provision in this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Waiver. The failure of either Party to enforce any right or provision in this Cubiex User Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by that Party in writing.  

How We May Change the Cubiex User Agreement

Validity. This Cubiex User Agreement is valid as of October 2019. As a result of the evolution of the Platform and the Cubiex services, or as a result of modified legal or official requirements, it may occasionally be necessary to amend this Cubiex User Agreement. You can at any time consult and print out the current Cubiex User Agreement from the website.

Modifications. However, once we change our Cubiex User Agreement, we will inform registered Users by sending an eMail to the address used for the respective user account. You may then decide whether you want to terminate the Cubiex User Agreement or make further use of the Platform. Your deliberate decision to log-in to the Platform after receipt of a modified version of the Cubiex User Agreement will be deemed and understood as your declaration of acceptance concerning this modified version of the Cubiex User Agreement. We, therefore, recommend that you thoroughly check your eMail account and carefully read any modified version of the Cubiex User Agreement we may provide from time to time as described above.

How You Enter into a Cubiex User Agreement

Registration. Making full use of Cubiex services requires your registration as a User. For registration purposes, you only need to create a user name and leave your eMail address. Furthermore, for security purposes, you have to enter a password that will, at a later stage, allow you to log-in to Cubiex.

Confirmation. Once you have finished registration by accepting the Cubiex User Agreement, we will send you an automatic eMail to the address provided during the registration procedure. This eMail will contain a link you will have to click in order to finalize your registration. Only this eMail shall be understood as a binding offer by us to enter into a Cubiex User Agreement with you, and only your click on the confirmation link shall be understood as your acceptance of this offer. Thus, a binding contract will be concluded between you and us, only if and at the time you click on the confirmation link (herein the “Effective Date”).

Log-in. Once you are registered, you may log-in to Cubiex and create your account (profile). You may then also provide us and other users with further information about you, e.g. tell other people where you live, how experienced you are in certain games, what you are looking for in the network. Furthermore, following your log-in, you may experience all functionalities of the Platform, e.g. create, like and share articles or other useful information (“Content”) and connect with other Users.

What Duties You Have When Using the Cubiex Platform

Use of the Platform.  You will: (a) be responsible for all activity occurring under your User account and your compliance with this Cubiex User Agreement; (b) use reasonable efforts to prevent unauthorized access to or use of the Platform through your User account, and notify Cubiex promptly of any such unauthorized access or use; (c) use the Platform only in accordance with the Cubiex User Agreement and applicable laws and government regulations; and (d) provide Cubiex with all reasonably available information if you report a non-conformance in the Platform so that Cubiex may diagnose and remedy such non-conformance.

Compliance with Laws. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, and other governmental authority, however designated, with respect to the use of and access to the Platform, including without limitation United States government laws, regulations, orders or other restrictions regarding export from the United States and re-export from other jurisdictions of software, technical data and information or derivatives of such software, or technical data and information. The Platform may be subject to export laws and regulations of the U.S. and other jurisdictions. You will not access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

Third-party claims. If you become aware of a third party's allegation that the provision and/or use of the Platform infringes its industrial property rights or those of other third parties, you shall inform Cubiex accordingly. As far as possible, Cubiex will take over, at its own expense, the defense against claims asserted on the basis of the alleged infringement of industrial property rights and conduct any negotiations regarding the settlement of the legal dispute.

Which Rights of Use Do You Grant Us When Creating Content and How Content Is Handled

Confidentiality. Content contains your personal data and will not be accessed, used or disclosed by Cubiex except as explicitly set forth herein and in the Privacy Policy. You have sole responsibility for the entry, deletion, correction, accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use the Content. Cubiex will not be responsible for any destruction, damage, loss or failure to store any Content beyond its reasonable control or resulting from a failure in data transmission or operation of the Platform by you.

Bring Your Own Data. You will be responsible for any Content that you upload to or share on the Platform, and in particular, it is your sole responsibility to ensure that your Content is collected and further processed in compliance with Data Protection Laws, and that it does not violate any third party Intellectual Property Rights.

Rights Granted to Us Concerning Content. Notwithstanding the afore-said, when uploading or otherwise creating Content on the Platform, you grant us the revocable, worldwide, royalty-free, unlimited and sublicensable right to use the Content as required in order to run the Platform, including but not limited to the right to copy, store, make available through public networks, edit and display the Content.

Indemnification. You will indemnify and defend Cubiex against any and all costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of a claim by a third party alleging that the Content infringes its Intellectual Property Rights or a violation of laws and/or regulations, including, but not limited to, Data Protection Laws or laws related to export controls. However, in such event, Cubiex reserves the right to suspend your access to the Platform, if and inasmuch it is required to safeguard its own or the legitimate interests of other Users. The rights and remedies granted to Cubiex under this section shall only apply if you acted at least negligently and, in this event, shall state your entire liability, and Cubiex sole and exclusive remedy, with respect to an infringement by you of a third party's Intellectual Property Rights.

Deletion upon Expiration. You agree and acknowledge that Cubiex has no right or obligation to retain Content more than thirty (30) days after termination or expiration and will destroy Content in its possession or control thirty (30) days after termination or expiration of this Cubiex User Agreement, unless where you or Cubiex is aware that a statutory obligation that requires Cubiex to retain some of the Content. In such circumstances, of which you or Cubiex shall inform the other Party in writing, prior to or at the time of termination, Cubiex will destroy these Content as soon as such statutory obligation to retain them expires. If you wish to receive your Content after expiration or termination of the Cubiex User Agreement and before its deletion in accordance with the above, please refer to the Privacy Policy for your right to data-portability.

Your Ideas. By providing to Cubiex any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Platform (“Ideas”) you agree and/or undertake that (a) Ideas do not contain the confidential or proprietary information of third parties, (b) Cubiex is under no obligation of confidentiality, express or implied, with respect to the Ideas, and (c) Cubiex may have something similar to the Ideas already under consideration or in development. You, as regards Ideas, grant Cubiex an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense any Ideas.

What Is Our Intellectual Property and Which Rights of Use We Grant You

Cubiex Intellectual Property. No jointly owned Intellectual Property Rights is created under or in connection with this Cubiex User Agreement. Cubiex owns all right, title and interest, including all related Intellectual Property Rights, in and to the Platform and the Aggregated Data. The foregoing also includes any and all system performance data and machine learning, including machine learning algorithms, and the results and output of such machine learning. In addition, you acknowledge that Cubiex may use, copy, extract, modify, distribute, analyze, compile and display the Aggregated Data for routine business purposes, including without limitation for developing, enhancing, improving, and supporting Cubiex products and services, or as required by law, and may share versions of the Aggregated Data. Cubiex name and logo, and the product names associated with the Platform are or may be trademarks of Cubiex, and no right or license is granted to use them under this Cubiex User Agreement.

Rights of Use and Usage Limit.  Cubiex hereby grants you, subject to the availability, a non-exclusive, non-transferable, worldwide right to use the Platform, solely for your own private purposes, subject to the terms of this Cubiex User Agreement. All rights not expressly granted to you are reserved by Cubiex.

Restrictions. You are not allowed to and will not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or your Account, except as otherwise expressly permitted under this Cubiex User Agreement; (b) modify or make derivative works based upon the Platform or otherwise violate Cubiex Intellectual Property Rights in the Platform; (c) create Internet “links” to the Platform; (d) reverse engineer or access the Platform in order to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Platform; or (iii) copy any ideas, features, functions or graphics of the Platform; (e) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material to the Platform; (f) send or store material containing viruses, worms, Trojan horses, spam or other harmful computer code, files, scripts, agents or programs to or from the Platform; (g) interfere with or disrupt the integrity or performance of the Platform or the data contained in it, including but not limited to engaging in denial of service attacks; (h) attempt to gain unauthorized access to the Platform or its systems or networks; or (i) use the Platform in violation of any applicable law including but not limited to Data Protection Laws.

Which Duties We Have Towards You and How We Handle Our Liability Towards You

Provision of the Platform.  Cubiex will at no charge: (a) subject to the availability make the Platform available to you pursuant to this Cubiex User Agreement; and (b) provide you with applicable support for the Platform.

Protection of Personal Data and Content. Cubiex will maintain administrative, physical and technical safeguards designed to protect the security, confidentiality and integrity of your personal data and any Content. Those safeguards will include, but will not be limited to, measures intended to prevent unauthorized access, use, modification or disclosure of personal data and/or Content. Cubiex shall only access your Content: (a) to support your use of the Platform and prevent or address service or technical problems; or (b) as you expressly permit in writing. Specifics on the technical and organizational measures implemented to protect your personal data are set forth in greater detail in the Privacy Notice.

Cubiex Personnel. Cubiex will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the obligations set forth in this Cubiex User Agreement.

Cubiex Warranties.  Cubiex warrants that, when used in accordance with the Documentation, the Platform will perform substantially in accordance with the Documentation. In the event of defects or malfunctions attributable to Cubiex, Cubiex may initially remedy the defect. Subsequent performance shall be effected at the discretion of Cubiex either by eliminating the defect or by providing a defect-free Platform. A delivery of updates or upgrades which do not contain the defect or of a patch which remedies the defect shall also be deemed subsequent performance.

Limitations of Warranties. You acknowledge that Cubiex does not control the transfer of data over communications facilities, including the Internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. In addition, Cubiex shall not be liable if the use of the Platform is impaired due to improper installation, operation or maintenance by you or a third-party on your behalf. In particular, any warranty shall be excluded for impairments caused by the fact that the Platform is used under conditions that do not correspond to the hardware and software environment specified in the Documentation.

Liability. With the exception of liability under the German Product Liability Act (“Produkthaftungsgesetz”), liability due to injury to life, limb or health, and in the event of willful misconduct or gross negligence, Cubiex liability shall be excluded.

What We May Do If You Are in Breach of Your Duties

Suspension for Ongoing Harm. Cubiex reserves the right to periodically verify your compliance with the use of the Platform. If Cubiex determines a breach of the Cubiex User Agreement, you will work with Cubiex in good faith to seek to remedy such breach so that your use of the Platforms conforms to the provision of the Cubiex User Agreement. Please note that also other Users may report Content that, in their opinion, violates the Cubiex User Agreement. If, notwithstanding Cubiex efforts, you do not or are unwilling to abide by your contractual duties, Cubiex may with notice to you suspend your access to the Platform if Cubiex reasonably concludes that your instance of the Platform is being used to engage in denial of service attacks, spamming, misappropriation of the third party rights or illegal activity, and/or that use of your instance of the Platform is causing immediate, material and ongoing harm to Cubiex or others. In the extraordinary event Cubiex suspends any such Platform access, Cubiex will use commercially reasonable efforts to limit the suspension to the offending portion of your User account on the Platform and work with you to resolve the issues causing such suspension, and, as appropriate in light of the circumstances, promptly provide you with a new User account to access the Platform. You agree that Cubiex shall not be liable for any suspension of the Platform under the circumstances described in this section.

What Term the Cubiex User Agreement Has

Term. This Cubiex User Agreement commences on the Effective Date and will continue for unless it is terminated by either Party.

How Either Party May Terminate the Cubiex User Agreement

Ordinary Termination. If you want to terminate the Cubiex User Agreement you may do so at any time by providing us with a respective termination notice in text-form (e.g. by eMail), such termination becoming effective to the end of the next calendar month. If we want to terminate the Cubiex User Agreement, we will give you at least ninety (90) days’ termination notice.

Termination For Cause. Either Party may terminate this Cubiex User Agreement for cause: (a) upon at least thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.  

Which Law Applies to the Cubiex User Agreement

Governing Law. This Cubiex User Agreement will be governed by German law without regard to the choice or conflicts of law provisions of any jurisdiction, unless the laws of your country of residence provide a higher level of consumer protection.

What Either Party May Do in Case of a Legal Dispute

Jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with this Cubiex User Agreement will be subject to the exclusive jurisdiction of the courts located in Berlin, Germany, if you are not located elsewhere in Germany.

Which Rights You Have as a Consumer and Other Important Consumer Information

ODR-Platform. The EU Commission has established an online platform to resolve online disputes (“ODR-Platform”). The ODR-Platform serves as a point of contact for consumers that aim to resolve disputes arising from online purchase or service agreements. You may contact the OS-Platform through this link: http://ec.europa.eu/consumers/odr/. Our eMail address you may indicate in the context of using the ODR-Platform is info@cubiex.com.

Other Alternative Dispute Resolution Proceedings. Notwithstanding the above, we are neither obliged nor willing to participate in other alternative dispute resolution proceedings, including but not limited to alternative consumer dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

Storage of the Agreement. We will not store the text of the Cubiex User Agreement after the Effective Date for the purpose of making it accessible to you upon request. Thus, we recommend that you download the Cubiex User Agreement during the registration procedure or immediately thereafter.

Language of the Agreement. The language of the Cubiex User Agreement is English. Even if we provide the Cubiex User Agreement in other languages, this shall solely be understood as a service towards you to and neither of these other language versions shall prevail over the English text of the Cubiex User Agreement.

Force Majeure. Neither Party will be liable to the other for any delay or inability to perform its obligations or otherwise if such delay or inability arises from fire, natural disaster, act of government, riot, civil disturbance, or any other cause beyond the reasonable control of such Party (“Force Majeure Event”). In such a Force Majeure Event, the time for performance will be extended for a period of time equal to the length of the delay or inability to perform. Either Party may terminate this Agreement if the Force Majeure Event continues for more than eight (8) weeks.