TERMS OF SERVICE
End User License Agreement & Terms of Service
This End User License Agreement and Terms of Service (the "EULA") is a binding contract between you, an individual user ("you") or the Subscribing Entity (defined below) on whose behalf you are acting, and Creative Cube,. ("us" or "we") governing your use of Creative Cube services available through the Creative Cube website (the "Website") and the Creative Cube mobile application(s) (the “App(s)”), where those services are the “Service”), as well as your access to and use of the Website and App. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE TO THE EULA, THEN YOU MAY NOT USE THE SERVICE.
To have a copy of the EULA and the Creative Cube Privacy Policy (the "Privacy Policy") sent to you, contact Creative Cube info@creativecube.org.
4) Registration and Eligibility.
The Service is a platform enabling people and companies seeking interior design services ("Clients") to get a custom interior design, including one final design rendering, and one revision of the final design rendering based on user comments (Clients are "Users").
2.1) Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the EULA. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
2.2) Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors (defined below) for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
2.3) Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
2.4) Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree on behalf of such Subscribing Entity to bind the Subscribing Entity to the EULA.
2.5) Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
1. Summary of Material Terms.
14) CREATIVE CUBE's Liability.
13) Consequences of Violating These Terms.
11.1) The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of CREATIVE CUBE and its licensors. Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
11) Ownership.
10) Consent to Use of Data.
8) Third Party Materials; CREATIVE CUBE Content.
9) Your Use of the Service and Service Content.
6.1) Fees. The fee (the "Fee") to be charged to Clients for the Service(s) purchased will be set forth during the ordering process for the Service(s) that you go through on the Website. The Fee is due and payable in advance of Client's design or product recommendation process.
6.2) Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in SAR.
6.3) Taxes. The Fees are exclusive of tax. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Creative Cube's income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
6.4) Refunds. The Service may offer any Client a full refund at Creative Cube's discretion. Please email info@creativecube.org to request a refund.
7) Additional Services From CREATIVE CUBE.
5.1) Your Content. If you are a Client, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Service ("Your Content") with Creative Cube. Your Content may be made public, so do not upload any confidential content. Creative Cube claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights. Separately, you may give Creative Cube or Creative Cube’s agent the right to take photos or record video of areas of your home after the design services are complete (“After Images”).
5.2) You, and not Creative Cube, are responsible and liable for Your Content. Because we do not control the Your Content or the content posted on or through the Service by other users (collectively with Your Content, “UGC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Service, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.
5.3) We may disclose and/or remove UGC. Creative Cube has certain rights. We have the right (but do not assume the obligation) to:
A) monitor all UGC;
B) remove or block any UGC at any time without notice at our sole and absolute discretion;
C) disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Creative Cube or others, or to enforce these terms; and
D) terminate your access to and use of this Service, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
5.4) You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
5.5) Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
5.6) License Grants to CREATIVE CUBE. By creating, posting, or sharing Your Content on or through the Service, or allowing Creative Cube to take, obtain, or record After Images, you grant Creative Cube a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate Creative Cube’s business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service, and (c) with regard to After Images only, for any lawful business purpose.
5.7) You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.
5.8) Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. Spam). Creative Cube will utilize any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at info@creativecube.org.
3.1) License Grant to You. The Website and App is licensed, not sold, to you for use only under the terms of the EULA. Subject to your complete and ongoing compliance with the terms and conditions of the EULA, Creative Cube hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website and the App, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act to access and receive the Service.
3.2) License Limitations. You may not modify, alter, reproduce, or distribute the Website or App. You may not rent, lease, lend, sell, redistribute or sublicense the Service, Website or App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Website or App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, Website or App or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
3.3) Applicability to Updates. The terms of the EULA will govern any updates provided to you by Creative Cube that replace and/or supplement the Website or App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4.1) Account Types and Registration. Anyone may browse the public-facing pages of the Website, App, and Service and take the style profile, but to start the custom design plan, the client must register.
4.2) Client. To become a Creative Cube Client, you must provide your zip code, phone number, email address, name and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have a phone call or online chat with your chosen designer. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.
4.3) Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve th