This page sets out the terms which apply to your use of http://cube3.agency/ (our Site). Please read these terms carefully. By using our Site, you indicate that you accept these terms and agree to be bound by them. If you do not accept these terms, please do not use our Site.
We are Cube 3 Digital Ltd (“The Company”). Our company information is set out below:
4 Market Square Building,
85 High Street,
While we do our best to ensure that our Site is available at all times, we do not guarantee that it will be. We will not be liable to you if our Site is unavailable at any time.
When we refer to Content in these terms, we mean the audio, video, text, images or other content made available on our Site. This includes content which is owned or controlled by third parties.
We do not guarantee that the Content will always be uninterrupted, up-to-date, secure or free from bugs, viruses, errors and omissions. You should take your own precautions to ensure your computer is protected against bugs and viruses.
Any commentary, opinions or other materials included in the Content are not intended to amount to advice on which you should rely. We will not be liable for anything you do or do not do as a result of viewing, reading or listening to the Content.
The Content is provided for your personal use only. You must not reproduce, modify, copy, distribute or use any of the Content for any other purposes without our permission. You may print off one copy of any webpage of our Site for your personal use provided that you keep intact and comply with any copyright notice, trademark notice or restrictions which relate to the Content on any webpage you print-off.
If you have any questions about the Content or wish to use it other than as permitted by these terms, please contact us at: [email protected]
All copyright, trademarks, design rights, database rights and other intellectual property rights (registered and unregistered) which subsist in our Site and the Content belong to us or third parties (Our IPRs).
We reserve all rights in Our IPRs. Except as set out in these terms, nothing in these terms grants you a right or licence to use any of Our IPRs.
We may sometimes make features available on our Site which enables you to upload audio, video, text, images or other content (Your Content) to our Site.
When you upload your Content, you warrant that you have either: (i) created Your Content; or (ii) obtained permission to upload Your Content from the person who created it. You also warrant that Your Content will:
You or the owner of Your Content still own the copyright in Your Content, but by submitting Your Content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish or transmit, or to authorise third-parties to use, publish or transmit Your Content in any format and on any platform.
You acknowledge that we have no obligation to pre-screen, monitor, review, or edit Your Content or any content posted by other users. We do, however, reserve the right to refuse to publish, cut, crop or edit Your Content at our sole discretion. We may also remove Your Content from our Site at any time.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
If you breach this provision, your action may amount to a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We are happy for you to create a hyperlink from your website to our Site, provided that you comply with the following conditions:
We may sometimes run promotions via our Site (such as prize draws and competitions). When we do this, the promotion will be subject to additional and specific terms and conditions which will be posted on this webpage or otherwise brought to your attention. By entering any promotion, you agree to be bound by the applicable specific terms and conditions.
In addition to the exclusions of liability set out elsewhere in these terms, we will not be liable for the following kinds of loss or damage which may arise from your use of Our Site:
Nothing in these terms is intended to exclude or limit either our or your liability for: (i) death or personal injury caused by negligence; or (ii) for fraud.
We may make changes to these terms at any time by amending this webpage. You are expected to check this webpage from time to time to ensure you are aware of any change we have made because, by continuing to use our Site, these changes are binding on you.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. These terms and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with English law.
The terms and conditions set out below (the general terms) apply to all prize draws, competitions and other prize promotions (promotions) which we run. Each promotion will also have its own set of specific terms and conditions and these will be communicated to you as part of the promotion (either on-pack, online or by some other means) (the specific terms).
Together, the general terms and applicable specific terms comprise the promotion terms. By entering a promotion, you agree to be bound by the promotion terms. This means you should read and treat the general terms and applicable specific terms as one set of terms. However, if there is any contradiction or inconsistency between the two, the specific terms will take priority over the general terms.
The general terms:
1.Entry is open to all legal residents of the UK, Channel Islands and Isle of Man aged 16 or over, except: (i) our employees; (ii) the employees of any third party helping us with the promotion (e.g. our marketing agency); and (iii) the immediate family members of (i) and (ii).
2.We may carry out verification checks to confirm your eligibility to enter (including requesting proof of ID (e.g. a current passport or driver’s licence) or proof of address (e.g. a recent utility bill)). If you need to purchase one of our products to enter, you must retain your receipt and winning product for verification.
3.Please see specific terms for opening date, closing date and entry instructions.
4.You must submit your own entry. Bulk, group or third party entries will not be accepted. Entries submitted using automated entry software or any other mechanical or electronic means that enable a person to enter repeatedly will not be accepted.
5.We will have no responsibility for, and will not accept, any entries that are lost, delayed, incomplete, illegible, damaged or corrupted (including as a result of postal delays, technical issues with your mobile, tablet, computer or connectivity, or technical issues with our website). Proof of sending does not constitute proof of receipt.
6.If the promotion involves the submission of audio, video, text, images or other content, you must ensure your submission: (i) is not copied from a third party; (ii) does not otherwise infringe a third party’s intellectual property rights; (iii) does not feature any person (living or dead) without their permission; and (iv) does not contain any defamatory, obscene, offensive, hateful, illegal or otherwise unsuitable materials. You will retain any copyright which exists in your submission but, by entering, you grant us a non-exclusive, worldwide, perpetual licence to use your content in any media for our promotional purposes.
7.Please see specific terms for details of: (i) how we will select and notify winners; (ii) how winners will receive, or can claim, their prize; and (iii) any delivery timescales. Prizes will only be delivered within the UK, Channel Islands or Isle of Man. The odds of winning will depend on the number of eligible entries received.
8.Please see specific terms for prize details. We reserve the right to substitute any prize (or an individual aspect of a prize) for an alternative of equal or greater value where we deem it strictly necessary due to events outside our reasonable control. Winners may not transfer the right to accept their prize to another person without our consent. We will not offer cash alternatives to any prizes. Prizes are not negotiable.
9.Winners are responsible for any tax liability they incur as a result of accepting a prize. Winners are encouraged to seek independent financial advice before accepting a prize if the tax implications concern them.
10.Winners are responsible for obtaining, both for themselves and any guests, any insurance cover which is required or advisable in order to enjoy their prize. Where a prize involves overseas travel, in addition to obtaining travel insurance, winners are responsible for obtaining, both for themselves and any guests, any necessary visas or clearances, and for obtaining health advice in relation to the travel destination.
11.We may, at our sole discretion, arrange for an alternative winner to be selected on the same basis as the original winner if: (i) the original winner fails to take any of the steps necessary to claim their prize as set out in the specific terms; (ii) we are unable to contact the original winner having made reasonable efforts to do so; (ii) the original winner fails any verification or eligibility checks; (iii) the original winner is disqualified in accordance with the promotion terms; or (iv) the original winner is unable to accept their prize for any reason.
12.We reserve the right to disqualify you if you fail our verification checks or we reasonably believe that you have: (i) breached any of the promotion terms; or (ii) otherwise cheated or jeopardised the integrity of the promotion.
13.We reserve the right to suspend, vary or cancel a promotion where we deem it strictly necessary due to events outside our reasonable control (including where technical issues are affecting the proper running of the promotion or where we suspect fraud). In these circumstances, we will do all we can to minimise any disappointment caused.
14.To the fullest extent permitted by law, we will not be liable to you for any loss, injury or damage which: (i) you suffer by entering a promotion; or (ii) you or your guest(s) suffer in the enjoyment of any prize. However, nothing will exclude or limit our liability in respect of personal injury or death caused by our negligence or for any fraud or fraudulent misrepresentation committed by us.
15.We may run a promotion via Facebook, Twitter, Instagram or another social media channel. If we do, you will need an account with that social media channel in order to enter. You acknowledge that any promotion run via a social media channel is in no way sponsored, endorsed or administered by, or associated with, that social media channel. By entering, you agree to release that social media channel from any and all liability in connection with the promotion. You also understand that any personal details you submit to enter a promotion or claim a prize (see condition 16 for more details) are provided to us and not to that social media channel.
16.We may ask you to supply personal details to enter a promotion or claim a prize (e.g. name, postal address, email address, date of birth etc). The details you submit must be true and up-to-date. By entering, you consent to us using your details in order to run the promotion (including sharing your details with any third party helping us with the promotion (e.g. our marketing agency)). Please see specific terms for information about how else we may use your details. Winners also specifically consent to: (i) us disclosing their name and county as per condition
17; and (ii) taking part in unpaid publicity (e.g. being filmed or taking part in an interview and/or a photo-shoot) which we may use in any media for our promotional purposes. If you do not consent to any of this, please do not enter our promotion. If your details change during a promotion, it is your responsibility to notify us otherwise you may miss out on a prize.
18.Please write to “FAO: Cube3 Brand Manager – [Insert Promotion Name]” at the address below within 3 months of the applicable closing date for the names and counties of major prize winners.
19.Our decision in relation to all matters relating to our promotions will be final.
20.The promotion terms will be interpreted and applied in accordance with English law. The English courts will have the exclusive right to settle any disputes related to our promotions.
21.Promoter: 4 Market Square Building, 85 High Street, Manchester M4 1BD.
Note: We may update the general terms from time to time. You should check this page regularly to ensure you are up-to-date because any changes will apply from the date they are made.
Last Update: 13/05/19
Please contact us if you have any questions about these terms, our Site or anything else related to our business: [email protected].