ALERT: THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING LIBERTYCUBE.COM. THIS CONTRACT GOVERNS YOUR USE OF LIBERTYCUBE.COM, AND USE OF THE SERVICES, AS DEFINED IN THIS CONTRACT, PROVIDED TO YOU BY LIBERTYCUBE.COM. YOU ARE HEREBY NOTIFIED THAT USE OF THIS WEBSITE IN ANY WAY TRANSLATES TO ACCEPTANCE OF THESE TERMS OF SERVICE. YOU ARE AUTHORIZED TO USE THE SERVICES AVAILABLE ON LIBERTYCUBE.COM ONLY ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
IF YOU CHOOSE TO NOT ACCEPT THESE TERMS OF SERVICE, YOU MUST STOP USING THE WEBSITE AND CHOOSE TO NOT VISIT IT IN THE FUTURE. USING THIS WEBSITE IS ACCEPTANCE OF THESE TERMS OF SERVICE.
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms of Service”) are a legal agreement between you and (GAI) Grassroots Action, Inc. GAI makes this website (www.libertycube.com) and all other GAI owned domains included within this website (the “Website” ) and all of the content/media available for your use subject to the terms and conditions set forth in this document. By accessing, loading and using Libertycube.com, using any GAI services and/or downloading or purchasing any GAI products, you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on Libertycube.com.
If you do NOT agree to all these Terms of Service, you should NOT use this Website.
These Terms of Service may be amended by GAI at any time and for any reason. Changes in Terms of Service on Libertycube.com will be announced on the official Libertycube.com blog.
Libertycube.com reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Libertycube.com reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
You agree to use the Website, Libertycube.com, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. GAI IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, LIBERTYCUBE.COM, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where GAI (Libertycube.com) is located or operates. This includes complying with U.S. Copyright laws.
Description of Services
Libertycube.com enables you to establish a social profile, customize your profile, share media and status updates, meet, communicate and network with others, publish content and utilize content sharing functionality.
Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Libertycube.com or its authorized partners. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website, the Services, or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or the Services any viruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another user’s User Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked sites.
User Account holders with Libertycube.com may upload data, media, information and documents to be stored and associated with User Accounts on the Website (“User Content”). Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. It is your sole responsibility to determine what additional limitations, if any, are placed on the use of the User Content distributed within your profile/site. If you obtain unauthorized access to materials created or used by others with the Libertycube.com Service, you have no right to use such materials in any way. You also acknowledge and agree that Libertycube.com has no liability of any kind should you or other persons whom you have allowed to have access to your User Content or any third party modify, destroy, corrupt, copy, or distribute your User Content.
Libertycube.com does not own any User Content and will not edit or disclose any information regarding you or your User Account, including any User Content, without your prior permission except in accordance with these Terms of Service.
Libertycube.com reserves the right, solely upon its own discretion, to refuse, remove or disable access to User Content stored on Libertycube.com servers that Libertycube.com learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so.
You are solely responsible for protecting the information on your computer or your other devices for example, by installing anti-virus software, updating your applications, password protecting your files, and preventing third party access to your computer. You understand that users of Libertycube.com Services may store User Content that is unusable due to corruption from viruses, software malfunctions or other causes. Libertycube.com is not responsible for any damage that any user may incur through the sharing and use of such User Content.
Your Passwords and Account Security
Libertycube.com requires you to create a user account (“User Account”) in order to use its Services and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated. Libertycube.com reserves the right to suspend or terminate accounts which are reasonably suspected to be used in contradiction to the terms herein and/or contain information that is untrue, inaccurate, not current or incomplete.
You may also access the Website, Libertycube.com and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize Libertycube.com to collect your personal profile and activity information from that third party social network.
Please note that if you opt to use your Facebook account to login to our Website and use our Services or interact with other users of the Website, Libertycube.com is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you ‘liked’, places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a user Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from Libertycube.com.
You shall choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by Libertycube.com, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Services. Additionally, you may not use anyone else’s User Account at any time, without the permission of such account holder. Libertycube.com is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Libertycube.com, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify us immediately at email@example.com.
Security of User Content
Libertycube.com will use all commercially reasonable efforts to restrict access to your User Content to authorized persons. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Although Libertycube.com strives to make sure that all data on the Website is secure, you hereby acknowledge and accept that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store on the Website or via Services.
Libertycube.com maintains a community resource for all users on its website which contains frequently asked questions and other useful information concerning the product and its use. In addition, Libertycube.com will provide technical support for paying account holders of its Services and its Software (defined below). In order to receive technical support from Libertycube.com, the user seeking such support must request such support by contacting Libertycube.com using the support community portal at Libertycube.com/forums. Libertycube.com is not obligated in any way to provide solutions or answers to all requests. Libertycube.com will make reasonable efforts to respond to such requests in a timely manner where possible. The user will cooperate with Libertycube.com when seeking technical support services by providing information necessary to assist Libertycube.com or requested by Libertycube.com while diagnosing or resolving the issue. Although Libertycube.com cannot guarantee that a technical support issue will be resolved, Libertycube.com will make reasonable efforts to perform technical support services in a professional manner.
All rights and privileges provided herein to you under these Terms of Service are subject to your payment of applicable fee, if any, to Libertycube.com, provided however, that Libertycube.com expressly reserves the right to provide the Services free of charge during the Term, and further provided, that Libertycube.com, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee. Payment for Services shall be at prices as agreed upon between you and Libertycube.com. Libertycube.com offers multiple Services plans for users, with different fees and functionality features for each plan (“Membership Plan”). Payment, if any, shall be made in advance on a annual-basis and is non-refundable. There will be no refunds or credits for partial months of Services. For instance, if you cancel your subscription to your Service Plan in the middle of a calendar year, you will still be responsible for paying any applicable fees for the rest of that month. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts.
In case of non-payment for any reason, Libertycube.com reserves the right to immediately bar the User’s access to the Services.
Information and Materials Provided By You
The term of these Terms of Service (“Term”) shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by Libertycube.com or you by written notice. Libertycube.com reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Libertycube.com’s trademarks, trade names, copyrights and other intellectual property.
Upon termination of this agreement you will no longer be authorized to use this website or the services in any way.
Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and Services that are not under the control of Libertycube.com. Libertycube.com shall not be responsible in any way for the content of such Third Party Materials. Libertycube.com provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Libertycube.com of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Language of the Terms of Service
The English language version of these Terms of Service will govern your relationship with Libertycube.com.
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with Libertycube.com and/or its licensors. Unless otherwise specifically provided herein or authorized by Libertycube.com in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.
Libertycube.com hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Libertycube.com disclaims any proprietary interests in the intellectual property rights other than their own.
Notice and Procedure for Making Claims of Copyright Infringement
It is Libertycube.com’s policy to respond to notices of alleged copyright infringement that comply with applicable United States intellectual property law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Libertycube.com with the written information specified below. (Please note that this procedure is exclusively for notifying Libertycube.com and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, 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.
Libertycube.com can be reached as follows:
Name: Eric Odom
Repeat Infringer Policy
In compliance with the Digital Millennium Copyright Act, it is Libertycube.com’s policy to terminate User Accounts of those users who are considered by Libertycube.com, solely at its own discretion, Repeat Infringers. Repeat Infringers are users of Libertycube.com’s Website and/or Service, known identified by their user names or another unique identifier, about whom we Libertycube.com has received more than one DMCA takedown notifications that resulted in the permanent removal of such User Content, posted at the direction of that user, from the Website and/or Services. Please note that Libertycube.com may terminate a Repeat Infringer’s access to the Website and Services at its sole discretion. However, nothing in this Repeat Infringer shall prohibit or constrain Libertycube.com from terminating a User Account or a user’s access to the Website or Services at any time and for any reason. You hereby acknowledge and agree that the particular circumstances surrounding each instance of claimed infringement may require a response from Libertycube.com tailored to that specific situation. Accordingly, Libertycube.com expressly reserves the right to terminate any User Accounts and access to the Website and Services of any user if, in its sole judgment and for any reason, we believe that circumstances relating to the infringement of third party intellectual property rights warrant such action, or any other reason.
Unlawful or Prohibited Use
You may not use this Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website or Services in any manner that could damage, disable, overburden, or impair this Website or Services, or that interferes with any third party’s use and enjoyment of this Website or Services. You agree that you will not use any third-party software that intercepts, “mines”, or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Libertycube.com to all users of this Website or Services. You shall not institute, assist, or become involved in an attack upon any Libertycube.com server or otherwise attempt to disrupt the Libertycube.com servers. Any attempt by you to damage Libertycube.com’s servers or undermine the legitimate operation of Libertycube.com is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, Libertycube.com reserves the right to seek damages from any such user to the fullest extent permitted by law.
You hereby agree to indemnify and hold harmless Libertycube.com, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Libertycube.com endorses or sponsors the linker or its website, products or services. You must not use Libertycube.com’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Libertycube.com. Furthermore, you agree to remove the link at any time upon Libertycube.com’s request.
Soliciting & Spam
Spam is not tolerated at Libertycube.com. While Libertycube.com encourages a healthy environment where users can write about, share and publish details of products, services or goods of their own, Libertycube.com will not allow user accounts that exist solely for the purpose of marketing third party products and services.
A user account can only be considered compliant with these terms of service if Libertycube.com staff and management conclude its primary purpose is for personal use. Promotional or commercial use must be secondary to personal use of the account, user profile and site services/functionality.
Libertycube.com will make judgement calls on a case by case basis. Libertycube.com reserves the right to ban, lock or delete a user account for abuse of the site in the form of commercial and promotional use as a user priority. Additionally, we reserve the right to ban, lock or delete a user account for any reason at at any time.
Bullying, Harassment & Explicit Content
Libertycube.com is a site where all individuals are invited to openly share views, opinions, thoughts, satire and commentary. This invitation shall not be abused and does not extend to users that create accounts to directly and intentionally harass other users. Disagreements or differing views are to be expected but you are required to be respectful of the views of others and will not be allowed to use your account for the sole purpose of bullying or harassment.
Additional Use Terms
By using Libertycube.com you agree to the following:
- You will not post content or use your account in a manner that infringes or violates another user’s rights.
- You will not post content or use your account in a way that violates the law.
- Libertycube.com can remove any content or information you post at any time and for any reason.
- Explicit content is not allowed. Nudity or explicit adult content is strictly prohibited. Such content will be removed and the offending user account may be deleted if we so choose to delete it.
- You will not post content designed to bully or harass another user.
- Libertycube.com can delete your account and all or any content any time and for any reason it deems appropriate.
Ending Your Relationship with Libertycube.com
These Terms of Service will continue to apply until terminated by either you or Libertycube.com as set out below. If you want to terminate this legal agreement with Libertycube.com (i.e. these Terms of Service), you may do so by (a) notifying Libertycube.com at any time in writing at the address provided below and (b) closing your User Account. Your notice should be sent to firstname.lastname@example.org. Libertycube.com reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Libertycube.com whatsoever.
You are solely responsible for cancelling your User Account. You can cancel your User Account by selecting the appropriate option in your User Account interface. Upon termination of your User Account, your User Content will be deleted from the Website and Services.
If this Website is not available for any period or any time, Libertycube.com shall not be liable. Libertycube.com gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to this Website or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Libertycube.com reserves the right to suspend the operation of the Services, this Website, or any part thereof. You agree that neither Libertycube.com nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
You acknowledge and agree that any violation or breach of these Terms of Service may cause Libertycube.com immediate and irreparable harm and damages. As a result, Libertycube.com has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Libertycube.com in law or in equity, Libertycube.com may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Libertycube.com.
Libertycube.com does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.