termsandconditions

Last Updated: 30th June 2015

1. Introduction

These terms and conditions govern your use of this website, CubeTutor.com (herein referred to as 'CubeTutor') owned and operated by Playworks Software Limited; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

If you subscribe to our website, we will ask you to expressly agree to these terms of use.

This website uses cookies. b By using this website and agreeing to these terms and conditions, you consent to CubeTutor's use of cookies in accordance with the terms of CubeTutor's Cookies Policy.

2. License to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

3. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CubeTutor's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without CubeTutor's express written consent.

4. Restricted access

CubeTutor reserves the right to restrict access to areas of this website, or indeed this entire website, at CubeTutor's discretion.

If CubeTutor provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

CubeTutor may disable your user ID and password in CubeTutor's sole discretion without notice or explanation.

5. User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to CubeTutor a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CubeTutor the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CubeTutor or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

CubeTutor reserves the right to edit or remove any material submitted to this website, or stored on CubeTutor's servers, or hosted or published upon this website.

Notwithstanding CubeTutor's rights under these terms and conditions in relation to user content, CubeTutor does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. No warranties

This website is provided "as is" without any representations or warranties, express or implied. CubeTutor makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, CubeTutor does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

7. Limitations of liability

CubeTutor will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if CubeTutor has been expressly advised of the potential loss.

8. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CubeTutor's liability in respect of any:

  • death or personal injury caused by CubeTutor's negligence;
  • fraud or fraudulent misrepresentation on the part of CubeTutor; or
  • matter which it would be illegal or unlawful for CubeTutor to exclude or limit, or to attempt or purport to exclude or limit, its liability.

9. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

10. Other parties

You accept that, as a limited liability entity, CubeTutor has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CubeTutor's officers or employees in respect of any losses you suffer in connection with the website.

You agree that the limitations of warranties and liability set out in this website disclaimer will protect CubeTutor's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CubeTutor.

11. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

12. Champion Program

In these terms, becoming a member of the Cube Tutor "Champion Program" grants the right to access the restricted areas of our website described in this Section 12, and "Champion" means a person who has such a right by virtue of this Section 12.

Access to certain areas of our website is restricted to Champions. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

You may become a Cube Tutor Champion by:

  1. Register for a "basic" CubeTutor account at www.cubetutor.com/register
  2. Visit our Patreon Campaign at www.patreon.com/cubetutor and pledge to send $5 a month. The figure is exclusive of VAT.
  3. During the sign up process on Patreon you will be prompted to supply your email address. This email address must match the email address for your account on Cube Tutor. If it does not, please contact us.
  4. Once a valid pledge has been made your Cube Tutor account will be upgraded to a Champion Level account. We expect to do so within 24 hours but in some special circumstances it may take longer. As a result we make no binding commitment to upgrade your account within any particular time frame.
  5. You are agreeing to send a monthly donation of at least $5 to Cube Tutor and in return we will grant you access to those parts of the website deemed to be part of the Cube Tutor Champion program.
  6. Your Cube Tutor Champion account will remain active for as long as you continue to make these monthly donations.

You will have the opportunity to identify and correct input errors by contacting CubeTutor via email using the email address at the end of these Terms and Conditions.

We will not file a copy of these terms of use specifically in relation to each Champion and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that Champions print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The donation amount will be set out on our website. VAT may be chargeable on top of the stated price, depending on the country where the Cube Tutor Champion Program is being accessed.

Champions will use their CubeTutor login and password to access the restricted areas of our website. Champions must ensure that their login and password details are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your login or password. You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's login and password to access our website.

During the period of your membership of the Cube Tutor Champion Program, you will be able to access the suite of Cube Tutor Champion features "Custom Card Images", "Advanced Draft AI", "Savable Draft Configurations", "Grid Draft", "Winston Draft" and "Custom URL" as defined on www.cubetutor.com/champion.

As a Cube Tutor Champion you will be offered the opportunity to vote on upcoming features, as proposed by individual members of the community. It is our intention to work on the most popularly requested features, however we reserve the right to have the final say in what actually gets implemented. We provide no guarantee that any particular feature, regardless of popularity will be implemented.

If you are contracting as a consumer, you may cancel a donation at any time and your agreement for future payments through Patreon will be removed. There is no entitlement to a refund for any previous payments.

You have the right to cancel your membership of the Cube Tutor Champion Program within 14 days of your pledge or first donation, under which circumstances you are liable to pay reasonable costs for the services incurred up to the point of cancellation. By agreeing to these terms and making an initial donation, you consent to commence the supply of CubeTutor Champion services immediately.

13. Indemnity

You hereby indemnify CubeTutor and undertake to keep CubeTutor indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CubeTutor to a third party in settlement of a claim or dispute on the advice of CubeTutor's legal advisers) incurred or suffered by CubeTutor arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

14. Breaches of these terms and conditions

Without prejudice to CubeTutor's other rights under these terms and conditions, if you breach these terms and conditions in any way, CubeTutor may take such action as CubeTutor deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

In addition to our rights and remedies above, if a Champion as defined in Section 12, breaches these terms of use in any way, or if we reasonably suspect that a Champion has breached these terms of use in any way, we may cancel the Champion's membership in the Cube Tutor Champion Program.

We may also cancel membership to the Cube Tutor Champion Program on 30 days' written notice without cause. Where we cancel your membership on this basis, we will not provide a refund of any previous donations made.

15. Variation

CubeTutor may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

16. Assignment

CubeTutor may transfer, sub-contract or otherwise deal with CubeTutor's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

17. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Entire agreement

These terms and conditions constitute the entire agreement between you and CubeTutor in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

19. CubeTutor's details

CubeTutor is owned and operated by Playworks Software Limited.

You can contact CubeTutor by email on ben@cubetutor.com.