Terms of Use
Cubicles to Cocktails (“Cubicles to Cocktails," "we," “us,” or "our") operates a website and services ("Cubicles to Cocktails"). The term "you" refers to the person accessing or using Cubicles to Cocktails, or the company or organization on whose behalf that person accesses Cubicles to Cocktails.
These Terms of Use (referred to as the “Agreement”) govern your use of Cubicles to Cocktails including, without limitation, participation in comment sections and other online areas owned or operated by us, such as our Facebook and Instagram sites. From time to time, Cubicles to Cocktails may supplement this Agreement with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, or events ("Additional Terms"). These Additional Terms may be placed on Cubicles to Cocktails to be viewed in connection with the specific content, services, products, or events and will be identified as such. You understand and agree that the Additional Terms are hereby incorporated by reference into this Agreement.
Please read this Agreement carefully. Your use of or registration on any aspect of Cubicles to Cocktails will constitute your agreement to comply with this Agreement. If you do not agree to this Agreement, you must cease use of Cubicles to Cocktails.
The Agreement may be modified from time to time. The date of the most recent revisions will appear on this page, so check back often. By using Cubicles to Cocktails after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use Cubicles to Cocktails.
Your failure to follow this Agreement, rules or other notices posted at various points in Cubicles to Cocktails, may result in suspension or termination of your access to Cubicles to Cocktails, without notice.
Privacy.
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Cubicles to Cocktails to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy.
Termination.
Cubicles to Cocktails reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (a) this Agreement; or (b) your registration with or ability to access Cubicles to Cocktails or any other service, tool, specific content, digital products or products provided to you by Cubicles to Cocktails, upon any breach by you of this Agreement or otherwise.
Your Use of the Cubicles to Cocktails.
No Use if You’re under 13.
Cubicles to Cocktails is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for Cubicles to Cocktails or submitting their personally identifiable information to us, and from using portions of Cubicles to Cocktails such as our public discussion areas, photo and video galleries, blogs, and contests/sweepstakes.
Content.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, data, statistics, analysis, and all other content, information, and materials (collectively, "Content") available on or through Cubicles to Cocktails, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, or service providers (collectively, “licensors”), or by you, or other users or third parties, including any Content which is uploaded manually or bookmarked by you or other users. Content that is provided by us or our licensors is protected by copyright, trademark and other intellectual property laws, rules, and regulations (“IP Rights”), and is our property or the property of our licensors.
Cubicles to Cocktails is for your personal, non-commercial use except where expressly permitted. Republication, retransmission, reproduction, downloading or making any other use of the Content on Cubicles to Cocktails is expressly prohibited.
Please carefully consider the Content you choose to post on Cubicles to Cocktails, including, but not limited to, any message board or blog or any comment or profile. You should not include personally identifying information, such as your telephone number, street address or last name, on any area of Cubicles to Cocktails that is accessible to the general public or provide it to people you do not know. Cubicles to Cocktails assumes no responsibility or liability of any kind for any material or information, products or services you may be provided by other users of Cubicles to Cocktails, including its or their quality, accuracy, and appropriateness.
You agree that you will not use Cubicles to Cocktails to post on blogs, profiles, comments or any place on Cubicles to Cocktails, any message or material of any kind or nature that is unlawful, abusive, threatening, harassing, vulgar, obscene, profane, libelous, defamatory, harmful, racially offensive, sexually explicit, inaccurate, or otherwise objectionable material as determined by Cubicles to Cocktails in its sole discretion or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. “Masked" vulgarity, obscenity or profanity (e.g. "f***") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Cubicles to Cocktails. Cubicles to Cocktails reserves the right to delete any such material from Cubicles to Cocktails. Cubicles to Cocktails will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms contained in this Section. Please see our Community Rules.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Cubicles to Cocktails. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Cubicles to Cocktails to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Content is protected by IP Rights; (ii) these IP Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, this Agreement and applicable copyright, trademark and other laws govern your use of such Content. You may not post to Cubicles to Cocktails, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any IP Rights. You acknowledge that Cubicles to Cocktails may acquire IP Rights to use any posted materials as described below, and that you will not acquire any of those IP Rights by downloading such materials.
By submitting Content, including your member name, to any "public area" of Cubicles to Cocktails, including blogs, contests, public profiles, or comments, you grant Cubicles to Cocktails (i) a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any IP Rights that may exist in such Content, and (ii) the right to authorize others to do any of the foregoing. In addition, you warrant that, to the extent that you are not the exclusive holder of all IP Rights in Content you submit, the holder of any IP Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store, and reproduce such Content that you have made public for personal use. Subject to the foregoing, the owner of such Content placed on Cubicles to Cocktails retains any and all IP Rights that may exist in such Content.
Cubicles to Cocktails is not obligated to review Content posted by users prior to the Content's posting to any area of Cubicles to Cocktails, including any private profile. Content posted by any user to Cubicles to Cocktails does not reflect the opinions or views of Cubicles to Cocktails or its affiliates. Cubicles to Cocktails makes no warranty, whether express or implied, as to the accuracy of any Content or material that you send to other Cubicles to Cocktails members through any Cubicles to Cocktails service.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON Cubicles to Cocktails, YOU HEREBY EXPRESSLY PERMIT Cubicles to Cocktails TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT.
Noncommercial Use.
Unless otherwise specified, Cubicles to Cocktails is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, Cubicles to Cocktails by you and by those you authorize, provide access to or otherwise allow to use Cubicles to Cocktails, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device from which Cubicles to Cocktails is accessible.
Compliance with Laws.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations, including applicable import and export control laws, in accessing and using Cubicles to Cocktails, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with Cubicles to Cocktails.
Noninterference.
You will ensure that none of the equipment, hardware, software, products, or services you use to access, visit, or use Cubicles to Cocktails will disturb or interfere with our operation of Cubicles to Cocktails, or impede or interfere with others' access, visitation or use of Cubicles to Cocktails. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from Cubicles to Cocktails any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, Cubicles to Cocktails or any Content.
Third Party Sites and Services.
Cubicles to Cocktails contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
Monitoring and Complaints against Other Users.
Monitoring.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on Cubicles to Cocktails, including in the social, community and public discussion areas, photo and video galleries, blogs, and elsewhere, to foster compliance with the Agreement. You specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (I) Cubicles to Cocktails, or any portion of it, will be monitored for accuracy or unacceptable use, (II) apparent statements of fact will be authenticated, or (III) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
What to Do if You Have a Complaint against Another User.
Remember that by using Cubicles to Cocktails you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of that Content is actionable. We ask that you not use Cubicles to Cocktails, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following.
Harassment: If you have reason to believe that another person is using Cubicles to Cocktails in a way that is harmful to you (for example, to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.
Copyright Complaints: If you have reason to believe that your Content has been copied or is accessible on Cubicles to Cocktails in a way that constitutes copyright infringement, or that Cubicles to Cocktails contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Notices.
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C), funded in part by the Bureau of Justice Assistance (BJA).
IMPORTANT: False or inaccurate accusations that others have committed a crime, inappropriate act, or violation of this Agreement, could be a violation of criminal or civil law, or otherwise expose you to liability for damages (including costs and attorneys' fees).
Disclaimer regarding Sensitive Information.
While you may freely discuss topics of interest to you, and Cubicles to Cocktails may include general Content relating to a range of life topics, including health, finance, love, career, you should not rely on Cubicles to Cocktails for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and risks associated with use of Content obtained on or through Cubicles to Cocktails before making any decisions based on such Content.
Non-Confidentiality.
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Cubicles to Cocktails, and therefore such information is not subject to any confidentiality obligation.
Any communications between you and Cubicles to Cocktails, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying Cubicles to Cocktails, including any products or services, will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Copyright Notices.
We respect the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content on Cubicles to Cocktails infringes your copyright, you (or your agent) may send Cubicles to Cocktails a notice requesting that the Content be removed or access to it blocked.
The notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to:
counsel@cubiclestococktails.com
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
Indemnification.
You agree to defend, indemnify and hold harmless Cubicles to Cocktails, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) your use of and access to Cubicles to Cocktails; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Cubicles to Cocktails.
Termination of Suspension of Access to Cubicles to Cocktails.
Cubicles to Cocktails has the right to terminate and/or suspend your ability to access Cubicles to Cocktails or any portion thereof, for any or no reason, without notice.
Electronic Communications.
The communications between you and Cubicles to Cocktails use electronic means, whether you visit Cubicles to Cocktails or send us emails, or whether Cubicles to Cocktails posts notices on Cubicles to Cocktails or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cubicles to Cocktails in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cubicles to Cocktails provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Jurisdiction.
Cubicles to Cocktails makes no representation that materials on Cubicles to Cocktails are appropriate, available or legal in any particular location. Those who choose to access Cubicles to Cocktails do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, will be governed and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein.
General Terms.
Cubicles to Cocktails may modify or discontinue Cubicles to Cocktails, any portion thereof, or any of its services, tools, digital products, products, or events with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND Cubicles to Cocktails AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR Cubicles to Cocktails MUST COMMENCE WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept this Agreement. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of Cubicles to Cocktails.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Entire Agreement.
This Agreement, together with the Privacy Policy, Additional Terms, and any other legal notices published by Cubicles to Cocktails on Cubicles to Cocktails, constitutes the entire agreement between you and Cubicles to Cocktails concerning Cubicles to Cocktails. Cubicles to Cocktails may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to Cubicles to Cocktails. It is your sole responsibility to check Cubicles to Cocktails from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of Cubicles to Cocktails (including any services). Your use of Cubicles to Cocktails (and any services) after any modifications to the Agreement indicates that you agree to such modified Agreement.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Cubicles to Cocktails's rights under this Agreement will not be valid or effective except in a written agreement which has been physically signed by an officer of Cubicles to Cocktails. No purported waiver or modification of this Agreement by Cubicles to Cocktails via telephonic or email communications will be valid.
Last revised on April 12, 2019