EDUCATIONAL GAME

Terms of Use

Welcome to the Cubiqum (cubiqum.com). It is a mobile app that is aimed at digital popularization of art.

These Terms of Use describe the conditions under which the administration of the mobile app offers you the Mobile App services.

  1. Glossary
    1. The Cubiqum mobile app is the mobile app which includes both the content (information) and applications (software code). The Cubiqum mobile app provides the access to the abovementioned information in the Internet when addressed by the domain name http:// cubiqum.com (with all levels of the specified domain included).
  2. The Cubiqum Terms of Use Status
    1. These Cubiqum Terms of Use (hereinafter referred to as the Terms) have been elaborated by theMobile Appe Administration. The Terms define the conditions of Mobile App use, the rights and obligations of its Users and Mobile App Administration as well as relations involving the third parties whose rights and interests may be affected by actions of the web Mobile App and mobile app Users.
    2. The Terms are the legally binding agreement between the User and the mobile app Administration with the latter one providing services for the User regarding the use of the Mobile App and its services (hereinafter referred to as the Services).
    3. These Terms also include all special documents that regulate the provision of individual mobile app services.
    4. The User is obliged to be fully acquainted with these Terms before using the mobile app.
    5. The mobile app Administration has the right to make changes, additions or amendments to these Terms unilaterally and without giving any special notice to the User. These Terms are an open document accessible to the general public. The current version of the Terms can be found at https://cubiqum.com. The use of the mobile app services by the User after changes were made to these Terms will imply the User’s acceptance of those changes.
  3. The Cubiqum Mobile App Administration
    1. The Cubiqum Mobile App Administration (hereinbefore and after referred to as the Mobile App Administration) is a ERZIG UG, a legal entity established with full accordance with the laws of Germany and registered at Berlin, Germany, Monbijouplatz 11 Berlin, 10178, DEU
    2. All applications and claims of individuals and legal entities to the Mobile App Administration based on these Terms as well as issues concerning Mobile App operation and infringement of third parties’ rights and interests may be directed to the mailing address of ERZIG UG specified above.
    3. No provision of the Terms grants the User the right to use the brand name, trademarks, domain name or other marks owned by the Mobile App Administration. The right to use the above mentioned distinctive marks of the Mobile App Administration may be granted on the sole basis of written agreement with the Mobile App Administration. The Administration follows the current Germany legislation including other relevant legislation and these Terms in order to regulate provision of Mobile App Services to the User.
  4. The Cubiqum web Mobile App and mobile app Status
    1. The Mobile App Administration is the owner of all rights for the Mobile App as well as the rights to use the web address https://cubiqum.com.
    2. The Administration provides access to the Mobile App as well as to its Content (including applications and software) to all persons concerned in compliance with these Terms and current Germany legislation.
    3. All the Content of the Mobile App is informative and educational, which means that the Content or its parts may only be viewed (read, watched, listened to) or reposted via social networks with all original references, links, design and structure retained unchanged.
  5. The Cubiqum User Status
    1. The User’s use of the Cubiqum Mobile App is free and voluntary. Use of the Mobile App and its Services implies acceptance of these Terms by the User.
    2. The Mobile App User is the individual who uses the Content of the Mobile App in accordance with these Terms. The User has the right to (yet not obliged to) register at the Mobile App when having reached the sufficient age for such registration under the applicable laws. Registering at the Mobile App grants the right to add their own Content on the Mobile App.
    3. In case the User opts for registering at the Mobile App, they must provide the Mobile App Administration with the necessary true and updated information, including the User’s unique login and the password, the User’s first and last names as well as other information which the Mobile App Administration may request the User to provide. The User bears personal liability for ensuring that the information that they provided is true, up to date and consistent with Malta legislation as well as other applicable legislation, otherwise the registration at the Mobile App is prohibited.
    4. The User's personal information is processed in accordance with relevant legislation. The Administration of the Mobile App processes the User's personal data to provide the User with access to the services of the Mobile App. The Mobile App Administration takes all measures to protect the User’s personal data from disclosure, unauthorized access, theft, modification or destruction. The Mobile App Administration makes the User’s personal data available only to employees, contractors and agents of theMobile Appe Administration who need this information to ensure the Mobile App operation.
    5. The information provided by the User, including personal data, may be used by the Mobile App Administration to ensure compliance with the requirements of effective Germany legislation as well as other relevant legislation which may include transferring it to the third-parties in case protecting rights and interests of the Users, the Mobile App Administration and third-parties demands so. The User’s personal data may only be disclosed in accordance with effective Germany legislation on the demand of the law-enforcement bodies and in situations provided by Germany legislation.
    6. The login and password of the User are the necessary and sufficient information for the User’s access to the Mobile App. The User is not allowed to transfer their login and password to third parties and bears full responsibility for their confidentiality. Unless otherwise proven, any actions taken with the use of the User’s login and password are regarded as committed by the User. In case of unauthorized access to the User’s login and password, the User is obliged to notify theMobile Appe Administration immediately according to the established procedure.
    7. The registered User has the right to create, process and use for personal purposes the content they made public with their own personal page.
    8. As the owner of the information posted with their own personal page or account, the User agrees that, except as stipulated by these Terms and effective Germany legislation, the Mobile App Administration does not control neither the User’s content nor other users’ access to the User’s content. Publishing any content on their own personal page the User understands that this content may be available to other Internet users.
    9. In accordance with effective Germany legislation the User has the right to revoke their agreement for processing their personal data or Content by removing independently the content posted previously by the User on the Mobile App and duly notifying the Mobile App Administration on their decision.
  6. Cubiqum User’s Rights and Obligations
    1. The User of the Mobile App is obliged to follow the provisions of effective Germany legislation, other relevant legislation as well as these Terms and other special documents of the Mobile App Administration.
    2. The User of the Mobile App is allowed to view (which means to read, watch, listen to) the Content of the Mobile App. Therefore the User is prohibited to reproduce, copy, modify, distribute, store, transfer, sell or otherwise use in full or in part the Content of the Mobile App.
    3. The User is allowed to share epost the parts of the Content via social networks if they want to do so only under the condition that all original references, links, design and structure of the part of the Content that is being shared eposted remain unchanged.
    4. The registered User has the right to add his own content (hereinbefore and after referred to as the User’s Content).
    5. The User is obliged not to post on his/her personal page the information and objects (including links thereto) which may infringe the rights and interests of other persons or result in breach of the Germany legislation and/or these Terms. Before posting their Content and objects (including but limited to other people’s images, texts of various content, audio records and videos), the User has to assess in advance whether such posting is lawful.
    6. The User agrees to keep confidential and not to disclose to other Users and third parties the personal data which became known to him/her during the communication with other Users and other use of the Mobile App (including home addresses, phone numbers, email addresses, banking information, etc.) and information on the private life of other users and third parties without prior permission of the latter.
    7. The User is prohibited from: loading, storing, publishing, making available or otherwise using any content which: contains threats, discredits, insults, defiles honor, dignity or business reputation as well as violates the privacy of other Users or third parties; infringes on the rights of minors; is vulgar, obscene, contains pornographic images and texts or sexual scenes with the participation of minors; contains scenes of inhumane treatment of animals; describes means and methods of suicide, contains any instigation to commit suicide; propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority; contains extremist materials; propagandizes criminal activity or contains advices, instructions or guides for criminal activities; contains restricted information (including government and trade secrets, information on the private life of third persons); advertises in any form using of drugs, including “digital drugs” (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes and drug consumption recommendations; is of fraudulent nature; in the personal opinion of the Mobile App Administration is undesirable, does not meet the Mobile App purposes, infringes on the Users’ rights or is otherwise undesirable for posting on the Mobile App; infringes other rights and interests of individuals and legal entities or requirements of Germany legislation; o registering and taking actions on behalf of another person (which includes misleading other Users as to their identity or distorting personal information); illegally processing or otherwise using the intellectual property and personal data of other Users and third parties; mass mailing of messages without the Mobile App Users’ consent; using software (including but not limited to malwares, viruses, automated scripts, etc.) and taking actions aimed at disrupting the normal operation of the Mobile App and its services; reproducing, duplicating, copying, selling or otherwise distributing the access to the use of the Mobile App;
    8. The User bears personal responsibility for any information they post together with the shared eposted parts of the Content of the Mobile App. The Mobile App Administration bears no liability for any consequences (including those that may be regarded as illegal or unlawful) that may result from User’s posts that contain the reposted part of the Content.
    9. If the User disagrees with these Terms, they must give up using the Mobile App.
  7. Charges
    1. The App is provided on free basis. Once you download the App, you’ll have access to its basic features.
    2. Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.
    3. You can choose different subscription options. Current subscription price starts at $4.99/week. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
    4. Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
    5. Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
  8. Cubiqum Intellectual Rights
    1. Exclusive rights to the content
      1. All elements and content posted on the Mobile App, including text, images, music, videos, design, scripts, applications and software as well as content available via external links (hereinbefore and after referred to as the Content) are subject to exclusive rights of the Mobile App Administration, Users and other rights holders, with all rights being reserved.
      2. Except as stipulated by current Germany legislation or these Terms, no element of the Content may be copied, reproduced, distributed, processed, downloaded, transferred, sold or otherwise used without the prior permission of the right owner. Copying, transferring, modifying or processing of the Content in any way is thus not allowed without preliminary Administration's consent.
      3. By posting on the Mobile App their legally owned Content, the User grants the other Users a non-exclusive right to use it within the framework of the functional provided by the Mobile App by viewing and other rights exclusively for the purpose of personal non-commercial use, except where such use may infringe the right owner’s interests protected by law.
      4. The Content that was made available for the exclusive purpose of personal non-commercial use may be used by the User in the manner described in these Terms under the condition that all copyright marks or any other marks of authorship remain unchanged.
      5. The User grants to the Mobile App Administration a non-exclusive right to use on a free of charge basis the Content published on the Mobile App and which lawfully belongs to them. Thus the Administration of the Mobile App may maintain the operation of the Mobile App and use this Content for the Mobile App Administration promotional content, including making this promotional content public. The mentioned non-exclusive right is granted for the period when the Content remains posted on the Mobile App and extends to the territory of the countries all over the world. The end of the period when the Content is placed on the Mobile App and / or the end of the non-exclusive right duration do not necessarily imply removal of this promotional content with the said Content by theMobile Appe Administration (including its removal from the Internet). The Mobile App Administration has a right to transfer the rights described in this provision to third-parties. The User accepts that the Mobile App Administration has a right to display the Content at its own discretion, including advertising purposes.
      6. If the User removes their Content from the Mobile App, the non-exclusive right mentioned in clause 7.1.5. will be automatically revoked. The Mobile App Administration however reserves the right to keep backup copies of the User Content for the required period of time, if it is needed for technical maintenance of the Mobile App.
      7. The User is prohibited from uploading or otherwise making available the content of other Mobile Apps and right owners except their own (the User’s) Content.
      8. Any use of the Mobile App or Content, except as allowed by these Terms or by the right owner’s written permission, is prohibited. Unless otherwise stated in these Terms, none of these provisions may be considered as granting of exclusive rights to the Content.
    2. Liability for infringement of intellectual rights
      1. The Mobile App Administration has the right yet not obliged to check the Mobile App for prohibited Content. The Administration can delete any Content at its own discretion which may infringe these Terms or Germany legislation or the rights of Users or third parties with or without giving a notice.
      2. The User bears personal responsibility for any Content they upload or otherwise makes publicly available on the Mobile App. The User does not have the right to upload or publish Content on the Mobile App unless they were given appropriate rights to do so.
    3. Third parties’ Mobile Apps and content
      1. The Mobile App may contain links to other web-Mobile Apps (third parties’ Mobile Apps) which may include text, photos, images, music, videos, applications, software or any other Content owned by third parties (Third Parties’ Content). This Third Parties’ Content is to be regarded as intellectual property of third parties and protected in accordance with Germany legislation.
      2. The Mobile App Administration does not check this Third Parties’ Content for compliance to any standards or requirements (truthfulness, accuracy, good faith etc.). The Mobile App Administration does not bear liability for any information on third parties’ Mobile Apps the User may get access to via the Mobile App or Third Parties’ Content.
      3. The Mobile App may contain links to any other Mobile App, product, service, information, etc. which does not mean that the Mobile App Administration approves any of the mentioned above or bears responsibility for any damage or violation of rights and interests of User or third party that may result from using those Mobile Apps, products, services, information, etc. When following links to Third Parties’ Content the User shall follow effective policies of the Content owner. From the moment the User leaves the Mobile App for Third Parties’ Content these Terms cease to apply to the User.
  9. Cubiqum Liability and Operation
    1. The User bears responsibility for their own actions regarding the creation and posting their Content on the Mobile App. The Mobile App Administration does not bear liability for the User’s breach of these Terms and thus reserves the right to modify, block or remove any Content published by the User, suspend, limit or terminate the User’s access to the Services of the Mobile App at any time with or without explaining the reason, with or without giving advance notice if the Mobile App Administration believes this User or their Content may threaten in any way the Mobile App, other Users and third parties. The Mobile App Administration carries out those measures in full accordance with effective legislation and is not liable for any consequences that may result from applying the abovementioned measures for the User or third parties.
    2. The Mobile App Administration is obliged to make it technically possible for the User to use the Mobile App.
    3. The Administration has the right to resort to special technical solutions in order to prevent violations of third party intellectual property rights. The Mobile App Administration is obliged to take actions to protect the rights and interests of persons and ensure compliance with current Germany legislation in case the User duly applies to the Mobile App Administration.
    4. The Mobile App Administration reserves the right to change the Mobile App design, its content, scripts, software and other constituents of the Mobile App at any time with or without giving the User a notice.
    5. Once the User’s registration data (account) is removed, the User has no longer the right to add (post) his own Content, but still has the right to view and repost via social media the Content of the Mobile App.
    6. The Mobile App Administration provides maintenance and ensures operation of the Mobile App and is obliged to restore promptly the Mobile App functionality in case of failure. The Mobile App Administration does not bear liability for any damage to the computer of the User or any third party, mobile devices as well as any other equipment or software caused by the download of content from the Mobile App or via the links available on the Mobile App.
    7. Limitations to the liability of the Mobile App Administration:
      1. The Mobile App and its services including scripts, applications and content are made on the „as is“ basis. The Mobile App Administration disclaims all warranties the Mobile App may be subject to for any specific use and thus does not bear responsibility for any specific result of such use.
      2. The User agrees that they download any files or content including software from the Mobile App or the links available on the Mobile App at their own risk and bears personal responsibility for all possible consequences of such actions including damage of any kind or data loss.
      3. The Mobile App Administration bears no liability to the User or third party for any accidental indirect damage incurred including damage of any kind, loss of data or profit as far as the use of the Mobile App and its content is concerned.
  10. Closing provisions
    1. These Terms represent the agreement between the User and the Mobile App Administration on the use of the Mobile App and its services and thus supersede all previous agreements between the User and the Mobile App Administration.
    2. These Terms are effected in full accordance with Germany legislation with the issues which are not settled by these Terms being subject to Germany legislation.
    3. The User and the Mobile App Administration will take every possible effort to settle via negotiations every dispute or controversy regarding the fulfillment of these Terms if any. In case those disputes cannot be resolved by negotiations, they are to be settled in accordance with current Germany legislation.
    4. These Terms are binding on the User from the moment of their access to the Mobile App and remain valid during the period the User uses the Mobile App or its Content.
    5. In case one or more clauses of these Terms become unenforceable or invalid for any reason, it does not affect the validity of the remaining provisions.