Welcome to the website (the “Site”) of DavidCube. DavidCube provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any DavidCube service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. DavidCube reserves the right to change this Site and these terms and conditions at any time. Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, DavidCube hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by DavidCube in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by DavidCube in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by DavidCube in advance. DavidCube reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if DavidCube believes that customer conduct violates applicable laws or is harmful to DavidCube’ interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. DavidCube may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and DavidCube has no obligation to investigate the authorization or source of any such access or use of the Site.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide DavidCube, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to DavidCube without charge and DavidCube shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of DavidCube and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by DavidCube in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. DavidCube assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant DavidCube the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by DavidCube will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead DavidCube or third parties as to the origin of any Submissions or Content. DavidCube may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by DavidCube on an "as is" basis. DavidCube makes no prepresntations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, DavidCube disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. DavidCube does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, DavidCube will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, DavidCube' total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to DavidCube during the month immediately preceding the act allegedly giving rise to DavidCube' liability.
Order Acceptance
Please note that the price quoted for each item on the Site should be regarded as an invitation for offer and should not be regarded as an offer. Your order is an offer for purchase, which will be accepted when DavidCube confirms your order. There may be certain orders that we are unable to accept and must cancel. DavidCube reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
Typographical Errors
While DavidCube strives to provide accurate product and pricing information, pricing or typographical errors may occur. DavidCube cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DavidCube shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, DavidCube may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such a dispute to International Arbitration Center (the “IAC”) for arbitration which shall be conducted in accordance with the IAC arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that DavidCube is not responsible for the operation of or content located on or through any such site.
Remedies
You agree that DavidCube' remedy at law for any actual or threatened breach of this Agreement would be inadequate and that DavidCube shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that DavidCube may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of DavidCube shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses. No instance of waiver by DavidCube of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
