Thank you for visiting the TP CUBIT Web Site. These terms and conditions (the “Terms”) apply to the tpcubit.com Web Site (the “Web Site”). By accessing the Web Site, you agree to follow and be bound by these Terms.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT CONTINUE TO USE THE WEB SITE.
TP CUBIT, LLC (“TP CUBIT”) may change or revise these Terms at any time without. Your continued use of the Web Site following such revisions indicates your acknowledgement and acceptance of the new Terms. Additionally, TP CUBIT reserves the right, at any time and for any reason, to modify the Web Site and to suspend, interrupt or terminate operation of or access to the Web Site. Any rights not expressly granted herein are reserved by TP CUBIT.
GENERAL USE PROVISIONS
All content and materials provided on this Web Site, including but not limited to information, product descriptions, media, documents, text, logos, icons, graphics, images, videos, software, computer code and services (collectively, the ”Materials”), are owned, controlled or licensed by or to TP CUBIT, its affiliates or subsidiaries, clients, developers and vendors (collectively, ”Third Party Stakeholders”) and are the copyrighted work of TP CUBIT and/or its Third Party Stakeholders. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, printing, recording, or other means, without the prior express written permission of TP CUBIT. Also, you may not appropriate or copy the general “look and feel” of the Materials or Web Site in any form or by any means.
Except where expressly provided otherwise by TP CUBIT, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of TP CUBIT or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by TP CUBIT and as such, TP CUBIT makes no warranty with respect to its contents. TP CUBIT does not provide, sell, license, or lease any of the Materials other than those expressly identified as being provided by TP CUBIT.
TP CUBIT hereby grants you permission to display, copy, distribute and download certain Materials that have specifically been made available by TP CUBIT for downloading from the Web Site, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the Materials are used solely for personal, non-commercial and informational purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The following is a non-inclusive list of activities are expressly prohibited by TP CUBIT:
- Gaining or attempting to gain unauthorized access to the Web Site (or any Portion thereof), to any software or services featured on the Web Site, or to any systems or networks connected to the Web Site or TP CUBIT’s servers;
- Obtaining or attempting to obtain any Materials or proprietary TP CUBIT content via any means not expressly made available by TP CUBIT;
- Interfering or attempting to interfere with the functionality or use of the Web Site by others;
- Assessing or testing the vulnerability of the Web Site or attempting to breach its security or authentication measures
- Using the Web Site or Materials for any unlawful purposes or soliciting illegal or infringing activities; and
- Using, exporting or re-exporting Materials in violation of applicable laws or regulations, including but not limited to U.S. export laws.
VIOLATION OF TERMS OF USE
By using this Web Site, you agree that TP CUBIT may at any time and in its sole discretion terminate and block your access to the Web Site if TP CUBIT determines that you have violated these Terms or any other TP CUBIT agreements or guidelines which may be associated with your use of the Web Site. Further, you agree that your violation of the Terms will constitute unlawful and unfair business practices, and will cause irreparable harm to TP CUBIT for which monetary damages would be inadequate. Additionally, you consent to TP CUBIT obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies TP CUBIT may have.
TP CUBIT reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations, or legal requests. In the event of any investigation or complaint regarding your use of the Web Site, TP CUBIT may disclose information about you if it determines such action is necessary. TP CUBIT may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of TP CUBIT, its customers, or other users of the Web Site.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to Web Sites controlled by parties other than TP CUBIT. TP CUBIT is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party Web Sites. TP CUBIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TP CUBIT of the linked Web Site. It is your responsibility to take precautions to ensure that whatever third party content you use is free of viruses or other items of a destructive nature.
SUBMISSIONS
Except where expressly provided otherwise by TP CUBIT, all comments, feedback, information or materials submitted to TP CUBIT through or in association with this Web Site (”Submissions”) shall be considered non-confidential and property of TP CUBIT. By providing such Submissions to TP CUBIT, you agree to assign to TP CUBIT, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. TP CUBIT shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not TP CUBIT, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
DISCLAIMER
Except where expressly provided otherwise by TP CUBIT, the materials on the web site are provided “as is” and TP CUBIT hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. TP CUBIT makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the materials contained on the web site.
LIMITATION OF LIABILITY
TP CUBIT shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials. In no event shall TP CUBIT be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information or materials available from this web site, even if TP CUBIT has been previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web site and you will not make a claim against TP CUBIT for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. You agree to hold TP CUBIT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, affiliates and subsidiaries harmless from, and you covenant not to sue TP CUBIT for, any claims based on or related to the use of the web site and/or materials.
INTELLECTUAL PROPERTY NOTICES
The Web Site, Materials and/or Products are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted by TP CUBIT.
TP CUBIT, the TP CUBIT logo, and other TP CUBIT product names referenced in the Materials and on the Web Site are trademarks of TP CUBIT LLC and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
TP CUBIT respects the intellectual property rights of others. TP CUBIT may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the following information to our copyright agent pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C.: Our agent for notice of claims of copyright infringement related to our products or our Web Site can be reached as follows:
- Your name, address, email address and telephone number;
- The copyrighted work that you claim has been infringed;
- The allegedly infringing material (including the URL);
- A statement that declares under the penalty of perjury that (a) you are the owner of the copyright interest at issue, or you are authorized to act on behalf of the owner, (b) you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and (c) the information in your notice is accurate; and
- Your signature (physical or electronic).
By Mail: 4285 Diamond Dr Weston, FL 33331
By Telephone: (754) 313-5722
By Email: amaciasvaldes@tpcubit.com
PRIVACY INFORMATION WE GATHER: PERSONAL INFORMATION
"Personal Information" means individually identifiable information about an individual consumer collected from that individual by TP CUBIT via the website or other means (for example, by voluntarily submitting personal information via the completion of an order form or registration form). The types of personal information that we may request includes, without limitation, your name, company, job title, mailing address, email address, telephone number, and geo-location data of your mobile or other device, including GPS-based, Wi-Fi-based, or cell-based location information.
COOKIES
"Cookies" are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently. TP CUBIT and its marketing partners or suppliers may use cookies or other technologies when you interact with the website. The TP CUBIT cookie policy is incorporated into this Privacy Policy by this reference.
ADULT AUDIENCES ONLY
The website is intended for adult audiences and is not directed to children and other individuals under the age of majority in the individual's country, and we do not knowingly collect Personal Information or other information from such individuals. You agree to notify us immediately if you become aware that we have received information from any such individuals.
THIRD PARTY SITES
Some of our services are provided through sites that bear our partners' or suppliers' names and trademarks and are not in our control, and this website may contain links or other devices that take you to other websites that are also not in our control. Certain of those other websites may provide products or services to you directly or on our behalf. We are not responsible for any aspect of other websites, including, without limitation, the privacy practices, products, services, or content of such websites. This Privacy Policy will not apply to such other websites. Rather, your activity and the information that you provide at such other websites will be subject to the privacy policy and other terms and conditions posted at such other websites.
HOW WE USE IT:
Personal Information provided to TP CUBIT by you, the Vendors, or other third parties, is primarily processed and stored on the third party servers located in the United States. We may change the location of the servers from time to time to other countries and without prior notice to you; however, Personal Information will continue to be protected in accordance with this Privacy Policy.
TP CUBIT may store and use your Personal Information and may share it with vendors, marketing partners and other Stakeholders for sales and marketing purposes. Additionally, we may share it with government agencies if required to do so by law. Some data, such as the types of used services and how many users we receive daily, may be used by TP CUBIT for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually. Individual data may be used for marketing and sales.
MARKETING
TP CUBIT would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies. If you have agreed to receive marketing, you may always opt out at a later date. You have the right at any time to stop TP CUBIT from contacting you for marketing purposes or giving your data to other members of the TP CUBIT Group. If you no longer wish to be contacted for marketing purposes, please submit an email to amaciasvaldes@tpcubit.com, or by mail to the applicable TP CUBIT office identified in the Contact section of the website.
INFORMATION PROTECTION
TP CUBIT has implemented industry-standard measures to protect the security of the Personal Information we collect via the website. This includes an HTTPS encrypted website. No one can guarantee, and we do not guarantee, that your Personal Information is completely secure at all times. You are also responsible for maintaining the confidentiality of your Personal Information to protect it against unauthorized access or use.
TP CUBIT may retain your Personal Information for as long as you continue to use the website or Products, and thereafter as permitted or required by applicable law. If we delete your Personal Information, it may still be contained on backup media or other systems.
YOUR RIGHTS
In accordance with the applicable law, TP CUBIT will provide you with access to your Personal Information and, as appropriate, the right to intervene or rectification in respect of your Personal Information. You have the right to request that TP CUBIT restrict the processing of your personal data, under certain conditions. You have the right to request that TP CUBIT transfer the data that we have collected to another organization, or directly to you, under certain conditions. You may also be entitled to object to the processing of your Personal Information by TP CUBIT or to request the deletion of your Personal Information, in which case, if TP CUBIT in its sole discretion deems such Personal Information as mandatory, TP CUBIT may no longer permit you to engage in certain activities.
For the purpose of exercising your rights, you shall submit a written request to TP CUBIT in accordance with the applicable law to the applicable TP CUBIT office identified in the CONTACT section of the Website. In addition, if you believe that TP CUBIT has not complied with this Privacy Policy with respect to your Personal Information, please submit a sufficiently detailed complaint to amaciasvaldes@tpcubit.com, or by mail to the applicable TP CUBIT office identified in the Contact section of the website. We will promptly investigate your complaint. Thereafter, we will take all measures we deem necessary to remedy the issues outlined in your complaint that we, in our sole discretion, view as justified.
ACCESSIBILITY
If you experience any difficulty in accessing any part of this website, please feel free to contact us at 1-754-313-5722 or amaciasvaldes@tpcubit.com.TP CUBIT is committed to making its websites usable by all people by meeting the Web Content Accessibility Guidelines (the Guidelines). We continually assess and work to ensure that our Web presence is in conformance with the Guidelines. Please be aware that our efforts are ongoing as our current website provider implements the relevant improvements to meet the Guidelines over time. If you experience any difficulty in accessing any part of this website, please feel free to contact us at 1-754-313-5722 or amaciasvaldes@tpcubit.com. Please describe the issue in detail and we will make reasonable efforts to make that page accessible. We welcome feedback on how we can improve as well.
CONTACT INFORMATION:
By Mail: 4285 Diamond Dr Weston, FL 33331
By Telephone: (754) 313-5722
By Email: amaciasvaldes@tpcubit.com
