The MiniatureCube Terms and Conditions
MiniatureCube Terms of Service
The effective date of this Agreement is January 1st, 2007.
By using the MiniatureCube Services (as defined below) which are owned and operated by MiniatureCube LLC. ("MiniatureCube") and by accessing the MiniatureCube Site located at http://www.MiniatureCube.com, and all linked pages owned and operated by MiniatureCube (the "MiniatureCube Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").
MiniatureCubes on-line services which are available at the MiniatureCube Site will, among other things, help you choose a restaurant you are looking for by allowing you to get reviews from other MiniatureCube users, post and share these reviews with MiniatureCube users, and view descriptive content on these restaurants. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the MiniatureCube Site and MiniatureCube Services. Please read these Terms of Service carefully. Your access to or use of the MiniatureCube Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the MiniatureCube Service.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of MiniatureCube or use the MiniatureCube Site and MiniatureCube Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the MiniatureCube Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the MiniatureCube Service is void where prohibited by applicable law, and the right to access the MiniatureCube Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act(COPPA). By using the MiniatureCube Site and/or MiniatureCube Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The MiniatureCube website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
2. Changes to the Agreement or the MiniatureCube Services.
You agree and understand that these Terms of Service, the MiniatureCube Site and the MiniatureCube Services may be modified by MiniatureCube at any time without prior notice, and such modifications will be effective upon MiniatureCube's posting of the new terms and/or upon implementation of the new changes on the MiniatureCube Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the MiniatureCube Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by MiniatureCube, any new features, new services, enhancements or modifications to the MiniatureCube Service implemented after your initial access to the Service shall be subject to these Terms of Service.
3. Registration and Security.
In order to use or access some of the MiniatureCube Services, you may be required to register with MiniatureCube and to select a password and user name, which can consist of an email address you own and use or a random word that you wish to use ("User ID"). If you register, you agree to provide MiniatureCube with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. MiniatureCube reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the MiniatureCube Service shall be for your personal use only. You agree to (a) immediately notify MiniatureCube of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
4. Use of the Site/Services by Members.
You may use the MiniatureCube Site to help you decide where to eat and to solicit reviews from, and share reviews with other MiniatureCube users. You may search the MiniatureCube database for restaurants, restaurant contact information, ratings and reviews. You may forward restaurant listings to people you know, whether or not they are existing MiniatureCube users. You may invite people you know to join MiniatureCube. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the MiniatureCube Service ("Content"), and other items displayed on the MiniatureCube Site, for your own use, provided that you maintain all copyright and other notices contained in such Content. MiniatureCube does not control the Content posted by third parties via the MiniatureCube Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MiniatureCube Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MiniatureCube be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the MiniatureCube Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5. Restrictions on Rights to Use.
You shall not (and you agree not to allow any third party to):
* modify, adapt, translate, or reverse engineer any portion of the MiniatureCube Site and/or MiniatureCube Service;
* remove any copyright, trademark or other proprietary rights notices contained in or on the MiniatureCube Site and/or MiniatureCube Service;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the MiniatureCube Site and/or MiniatureCube Service;
* collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other MiniatureCube users or members;
* reformat or frame any portion of the web pages that are part of the MiniatureCube Site and/or MiniatureCube Service without the express written permission of MiniatureCube;
* create user accounts by automated means or under false or fraudulent pretenses;
* create or transmit unwanted electronic communications such as "spam" to other users or members of the MiniatureCube Site and/or MiniatureCube Service or otherwise interfere with other user's or member's enjoyment of the MiniatureCube Site and/or MiniatureCube Service;
* submit any third party materials or Content without such third party's prior written consent;
* submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by MiniatureCube;
* submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
* transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
* use of the MiniatureCube Site or MiniatureCube Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
* copy or store any Content offered on the MiniatureCube Site for other than your own use;
* submit Content or materials that are unlawful or promote or encourage illegal activity;
* submit false or misleading information to MiniatureCube;
* take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
* use the MiniatureCube Site and/ or MiniatureCube Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
* collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Content Posted By You on the MiniatureCube Site.
* You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
* You understand and agree that MiniatureCube may review and delete any Content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of MiniatureCube violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the MiniatureCube Site and/or other website users.
* You are solely responsible for the any Content that you publish or display on the MiniatureCube Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
* You are solely responsible for your ratings and reviews of businesses listed on MiniatureCube. MiniatureCube reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
* You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
* By posting Posted Content on the MiniatureCube Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MiniatureCube, its contractors, and the users of the MiniatureCube Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
* The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the MiniatureCube Site. MiniatureCube reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the MiniatureCube Service and terminating the membership of such violators or blocking your use of the MiniatureCube Service and/or MiniatureCube Site. You may not post Content that:
o is false or intentionally misleading;
o is patently offensive to users of the MiniatureCube Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person;
o involves the transmission of unsolicited mass mailing or "spamming";
o promotes illegal activities or conduct that is abusive;
o is threatening, obscene, defamatory or libelous;
o is pornographic or sexually explicit in nature; and
o seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
7. Copyright Dispute Policy.
MiniatureCube has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of MiniatureCube's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
* MiniatureCube Policy.
It is MiniatureCube's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
* Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the MiniatureCube Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MiniatureCube is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
* Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is MiniatureCube's policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that MiniatureCube will terminate such Content provider's, member's or user's access to the service.
* Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which MiniatureCube is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MiniatureCube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MiniatureCube's discretion. Please contact MiniatureCube's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, MiniatureCube LLC.
1290 W Kingbird Drive, Chandler, AZ 85248
Phone: (480) 656-8721
Email to: firstname.lastname@example.org
8. Venue Only.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the MiniatureCube Service, such activity is solely between you and the applicable third party. MiniatureCube shall have no liability, obligation or responsibility for any such activity. You hereby release MiniatureCube from all claims arising from such activity.
These Terms of Service will remain in full force and effect while you use the MiniatureCube Site and/or MiniatureCube Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms of Service.
Except for the Content submitted by members or users, the MiniatureCube Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by MiniatureCube or its licensors. You acknowledge that the MiniatureCube Service and any underlying technology or software used in connection with the MiniatureCube Service contain MiniatureCube’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the MiniatureCube Site, or MiniatureCube Services in whole or in part except as expressly provided in MiniatureCube’s policies and procedures made available via the MiniatureCube Service. Except as expressly and unambiguously provided herein, MiniatureCube and its suppliers do not grant you any express or implied rights, and all rights in the MiniatureCube Service not expressly granted by MiniatureCube to you are retained by MiniatureCube.
THE MINIATURECUBE SITE IS PROVIDED BY MINIATURECUBE ON AN "AS IS" BASIS. MINIATURECUBE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE MINIATURECUBE SITE, MINIATURECUBE SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MINIATURECUBE SITE OR IN ASSOCIATION WITH THE MINIATURECUBE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MINIATURECUBE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MINIATURECUBE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MINIATURECUBE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MINIATURECUBE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE MINIATURECUBE SITE. MiniatureCube does not warrant or covenant that the MiniatureCube Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the MINIATURECUBE Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the MiniatureCube Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM MINIATURECUBE, THE MINIATURECUBE SITE OR THROUGH OR FROM THE MINIATURECUBE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13. Limitation on Liability.
MiniatureCube shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MiniatureCube's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, MINIATURECUBE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MINIATURECUBE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO MINIATURECUBE FOR THE MINIATURECUBE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold MiniatureCube, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the MiniatureCube Site, (ii) your use of the MiniatureCube Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
15. Third Party Content Providers.
17. Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@MiniatureCube.com.
MiniatureCube is a proprietary service mark of MiniatureCube LLC.