Originator Inc. (“Originator,” “we,” “us,” “our”) provides its Cubric mobile application (“Cubric App" or “Service”) to you (“User” or collectively with others, “Users”) subject to the following Terms of Service ( “User Terms”). We may update these User Terms by posting a new version on our website, and your continued use of the Service after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by these User Terms, you should discontinue all use of the Service immediately.
These User Terms set forth the rules and guidelines that govern use of Cubric App and apply to all Users of the Service. These User Terms govern, among other things, what is called User Generated Content or “UGC.” UGC is content of any kind or nature, whether material, assets, or otherwise, that Users upload to, create and publish on, or otherwise generate through or make available on the Service. Any User that has caused UGC to be on the Service is subject to these User Terms.
Originator’s Cubric App is a kid-safe, fun, multiplayer 3D world builder sandbox game that offers freedom to creatively explore and build, leveraging unique blueprints earned through challenging puzzles, and so gamers can enjoy a rewarding gaming experience. Any new features that augment or enhance the current Service shall be subject to these User Terms.
When a User uses the Service, the User agrees to these User Terms and to any other applicable terms referenced therein. Users may not agree to these User Terms or any other terms if the User is not legally allowed to, or if the User is under 18 years old or the age of majority in the User’s jurisdiction of residence. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to allow them to use the Service and to agree to these User Terms and the other applicable terms. By permitting a Minor User to use the Service, the Guardian of the Minor User becomes subject to these User Terms and any other applicable terms and agrees to be responsible for the Minor User’s activities on the Service. If the User (or a Minor User’s Guardian, as may be applicable) doesn’t agree to these User Terms or any other terms, the User may not use the Service.
By registering as a User of the Service, you agree to provide accurate, current and complete information as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate or incomplete, or Originator has reasonable grounds to suspect that such information is inaccurate or incomplete, Originator may deny you access to areas requiring registration, at its sole discretion.
Your Registration Data, as well as information that you may provide at other times during your use of the Service, is subject to our Privacy Policy, which is incorporated by reference into these User Terms.
Some features of the Service require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a username, password, and a valid email address. In order to create an account you must be over the age of 16. If you are under the age of 16, you need your Guardian’s prior consent to create an account.
As a result of your registration for the Service, you may receive certain communications from Originator. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that Originator may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the User Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Originator, its Users and the public.
By using the Service, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and Originator reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. Originator reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Service to:
A. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
B. stalk or otherwise harass another User.
C. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so.
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
F. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein.
G. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
H. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
I. intentionally or unintentionally violate any applicable local, state, national or international law.
Violation of our rules may result in the removal of your content from the Service and/or the suspension or cancellation of your account.
You understand that all materials submitted by Users (“User Materials”), including but not limited to profile information and communications with other Users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Originator, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Originator be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Originator may or may not pre-screen User Materials, but that Originator and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are made available via the Service. Without limiting the foregoing, Originator and its designees shall have the right to remove any User Materials that violate the User Terms or are otherwise objectionable in Originator’s sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials.
With respect to User Materials you submit or make available on the Service, you grant Originator an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
A. What are Tickets and Coins? “Tickets” and “Coins” are the official currencies of Cubric App and can be used by Users to acquire things, like character customization items and other virtual goods (“Virtual Items”), and access to certain in-app features and experiences. Coins are purchased via in-app purchases in the App Stores. Tickets are earned by completing tasks/puzzles within Cubric App. Both Tickets and Coins do not have any value in real currency, which means they are not a substitute for real currency and they don’t earn interest. Except as otherwise outlined in the User Terms, Tickets and Coins cannot be redeemed for any other real-world currency and Originator is not obligated to exchange User’s Tickets or Coins for anything else of value.
B. License to Use Tickets and Coins. When a User buys Tickets or Coins, the User receives only a limited, non-refundable, non-transferable, revocable license to use Tickets and Coins only for User’s personal entertainment, in connection with the Service, and in the ways permitted by Cubric App in the applicable User Terms. User’s license to use Tickets and Coins will end when these User Terms or User’s Account terminates, or in any other way outlined in the User Terms.
C. Tickets and Coins Are Non-Refundable. All payments for Tickets and Coins are final and not refundable, except as required by law. Users may not use or distribute Tickets and Coins except through the Service and as expressly allowed by Originator. Any use or attempted use of Tickets or Coins in violation of the User Terms will not be considered valid and may result in immediate suspension or termination of User’s Account and of User’s right to use Tickets and Coins. Originator does not recognize or take responsibility for third-party services that may allow Users to sell, transfer, or otherwise use Tickets or Coins, and any such use by a User is a violation of the User Terms.
D. Tickets and Coins Can Change. Originator may put limits on Tickets or Coins (e.g. how much a User can acquire) or do things that change the perceived value of Tickets or Coins (e.g. lowering the cost to buy them) at any time. Except for the limited licenses granted in these User Terms, Originator has and retains all rights in Tickets and Coins. This includes the right to modify, revoke, or terminate a User’s license to use Tickets or Coins without notice, payment, or liability to User. Originator does not make any guarantees regarding Tickets or Coins, or their availability, quality or value.
A. Acquiring Stuff Through the Service. Solely through the Service, Users can spend Tickets or Coins to acquire Virtual Items, features and other things offered by Originator. Spending Tickets and Coins through the Service is solely for a User’s personal entertainment and does not create any legally enforceable contract between the User and Originator, and the User spending the Tickets or Coins does not acquire any enforceable legal rights as a result of such transactions.
B. Promises and Responsibilities Associated with Making Payments. When purchasing Tickets or Coins within the Cubric App, a User (or User’s Guardian, as applicable) promises that User has the right to use User’s selected payment method and that User’s payment method has enough credit available to complete the applicable payment. If User believes someone has gained access to or used their Account without permission, User must notify Originator as soon as possible by contacting Cubric App Support. Originator has the right to close any Account with unauthorized charges.
C. Removing Content From the Service; No Refunds. Originator has the right, in its discretion, to suspend the availability of, or remove from the Service, any content (including Virtual Items, features and any UGC) without advance notice. Originator is not liable for any losses a User incurs as a result of such suspension or removal, and Originator is not required to refund any Tickets or Coins or other funds that the User has spent on any removed or suspended content.
The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Service, including the rights therein and any derivatives, (the “Cubric Intellectual Property” or “Cubric IP”) are protected by law. All Cubric IP is the property of Originator and Originator’s licensors. Except as allowed in these User Terms, a User may not use any Cubric IP contained in the Service unless the User gets separate permission from Originator. Some features in Cubric App also allow for independent UGC creation. Such Users who separately create UGC within the Service hereby grant Originator a worldwide, perpetual, royalty-free and irrevocable right and non-exclusive license to use and exploit that UGC in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party.
Originator may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Originator with a notice containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
g. Originator can be reached in the following way:
By email:
info@originatorkids.com
By using or registering for the Service, you acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, take a screenshot or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
You agree to indemnify, defend, and hold Originator and its related parties, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from your use of the Service, your connection to the Service, your violation of these User Terms, and/or your violation of any rights of another.
Originator reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, with or without notice. You agree that Originator shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that Originator may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but are not be limited to, (a) breaches or violations of the User Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Service’s Restricted Areas, and (b) barring further use of the Service’s Restricted Areas.
The Service may provide links to other websites or resources. Because Originator has no control over such sites and resources, you acknowledge and agree that Originator is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Originator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All title, ownership and intellectual property rights in and to the Service are owned by Originator or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Originator, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. Originator expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Originator assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download or use of any such content.
c. No advice or information, whether oral or written, obtained by you from Originator or through or from the Service shall create any warranty not expressly stated in the User Terms.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ORIGINATOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ORIGINATOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORIGINATOR’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ORIGINATOR FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE. IF YOU NEVER REGISTERED FOR THE SERVICE, ORIGINATOR’S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO US$10.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree that, except as otherwise expressly provided in these User Terms, there shall be no third party beneficiaries to this Agreement.
Originator may provide you with notices, including those regarding changes to these User Terms, by email or postings on the Service; provided, however, that this Section places no requirements on Originator not already expressly set forth herein.
Originator, Cubric and other names, logos and marks are the trademarks and service marks of Originator or its licensors or affiliates (the “Originator Marks”). You agree that you will not display the Originator Marks, or use the Originator Marks in any manner, without the prior written permission of Originator.
Any controversy or claim arising out of or relating to the User Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Originator agree that any arbitration shall be limited to the dispute between Originator and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Originator agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Originator’s intellectual property rights; and (2) any claim for injunctive relief.
For any dispute not subject to arbitration, you and Originator agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. Originator controls the Service from its offices within the United States of America.
These User Terms and the relationship between you and Originator shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Entire Agreement. These User Terms constitute the entire agreement between you and Originator with respect to the Service and supersede any prior agreements, oral or written, between you and Originator.
Waiver and Severability of Terms. The failure of Originator to exercise or enforce any right or provision of these User Terms shall not constitute a waiver of such right or provision. If any provision of these User Terms are found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these User Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these User Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in these User Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these User Terms to info@originatorkids.com.
If you have any questions regarding the Cubric App, you can reach us at info@originatorkids.com
Originator Inc.
809 Laurel Street #12
San Carlos, CA
94070, USA