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Terms & Conditions

These Terms of Service (this “Agreement”) govern your use of the website TheGameGift.com, the customized video game service it offers, and any related software, code, or documentation made available through the service (collectively, the “Service”). The Service is made available to you by Play Cubed, Inc. (“Play Cubed,” “we,” or “us”). Subject to your acceptance of this Agreement, you may access and use the Service during the Term (as defined below). BY USING THE SERVICE, YOU AGREE ON BEHALF OF YOURSELF OR YOUR ORGANIZATION (“LICENSEE”) TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MAY NOT ACCESS OR USE THE SERVICE.

LICENSE GRANT


Scope of Use
Subject to this Agreement, including the payment of all applicable charges, Play Cubed hereby grants Licensee a limited, non-exclusive, non-transferable license to access and use the Service during the Term.


License Restrictions
Licensee may not:
(a) copy the Service, including any related software, code, or documentation;
(b) reverse engineer, decompile, or attempt to extract the source code of the Service;
(c) modify, adapt, or create derivative works of the Service;
(d) remove proprietary notices, labels, or marks from the Service;
(e) sublicense, assign, or transfer the Service to any third party without prior written consent from Play Cubed.


Service Restrictions
Licensee may not use the Service in any manner that:

  1. Violates any laws or regulations;

  2. Infringes upon third-party intellectual property, privacy, or other rights;

  3. Transmits malicious software or harmful computer code.

 

ACCESS TO THE SERVICE

  1. Account Registration:
    To access and use the Service, you must register an account. Play Cubed may reject any registration request at its sole discretion.

  2. User Responsibility:
    You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted under your account, whether authorized or not.

  3. Age Requirement:
    Users must be at least 18 years old or the legal age of majority in their jurisdiction to use the Service.

  4. Uploaded Materials:
    Photographs or images you upload to the Service will be used exclusively to create customized game avatars. These materials will be securely stored and deleted within 30 days of the game's delivery.

 

PRIVACY AND DATA USAGE
Personal data collected during your use of the Service will be handled in accordance with our Privacy Policy. By using the Service, you consent to the collection, use, and sharing of your data as described therein.


Usage Data
We may use aggregated, anonymized data for business purposes, such as improving the Service, complying with legal obligations, and conducting internal research.
 

SECURITY
Play Cubed employs commercially reasonable security measures to protect your data. However, we cannot guarantee that unauthorized access will never occur. You use the Service at your own risk.
 

INTELLECTUAL PROPERTY RIGHTS

  1. Ownership:
    All rights, title, and interest in the Service, including its software, design, and trademarks, are owned by Play Cubed. Licensee retains ownership of any materials (e.g., photographs) they upload, subject to the usage terms of this Agreement.

  2. Feedback:
    Any feedback provided to Play Cubed may be used without restriction or compensation to you.

 

PAYMENTS AND FEES

  1. Fees:
    Use of the Service is subject to payment of applicable fees, as outlined during the checkout process.

  2. Refunds:
    All GameGrams are covered by our 100% Refund policy if the refund is requested within 30 days of purchase. You can contact us via the support form or email contact@playcubed.io to request refunds. All other payments are non-refundable unless otherwise required by applicable law.

  3. Taxes:
    Licensee is responsible for any taxes arising from use of the Service.
     

TERMINATION

  1. Voluntary Termination:
    You may terminate this Agreement by canceling your account through the platform’s settings.

  2. Termination by Play Cubed:
    We reserve the right to terminate this Agreement or suspend your access for breach of the terms, non-payment, or misuse of the Service.

  3. Data Retention:
    Upon termination, Licensee has 30 days to download any uploaded materials before they are permanently deleted.

 

LIMITATIONS OF LIABILITY

  1. Disclaimer:
    The Service is provided on an "as-is" basis without any warranties. Play Cubed disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

  2. Liability Cap:
    Play Cubed’s total liability for any claims related to the Service will not exceed the fees paid by Licensee in the six months preceding the claim.

  3. No Consequential Damages:
    Play Cubed will not be liable for indirect or consequential damages, including loss of data or profits.

 

INDEMNIFICATION

  1. By Licensee:
    You agree to indemnify Play Cubed for any claims arising from your misuse of the Service or violation of this Agreement.

  2. By Play Cubed:
    Play Cubed will indemnify Licensee for claims that the Service infringes third-party intellectual property rights, provided the Service is used in accordance with this Agreement.

 

MISCELLANEOUS

  1. Governing Law:
    This Agreement is governed by the laws of California.

  2. Arbitration:
    Any disputes arising under this Agreement will be resolved through arbitration in Los Angeles, California.

  3. Modifications:
    We may update these Terms at any time. Your continued use of the Service constitutes your acceptance of any changes.

  4. Notices:
    All legal notices should be sent to:

 

Play Cubed, Inc.
149 South Barrington Ave, Suite 314
Los Angeles, CA 90049
Email: contact@playcubed.io


Last Updated: December 19, 2024

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