GENERAL TERMS AND CONDITIONS
01-01-2021
1. ACCEPTANCE OF TERMS
EASYCUBES provides its service to you, subject to the following terms of service (“tos”), which may be updated by us from time to time without notice to you. you can review the most current version of the tos at any time at: http://www.EASYCUBES.co.com/terms.asp. in addition, when using particular EASYCUBES services, you and EASYCUBES shall be subject to any posted guidelines or rules applicable to such services. all such guidelines or rules are hereby incorporated by reference into the tos.
EASYCUBES provides a collection of services and information through its website and via email (the “service”). you also understand and agree that the service may include advertisements. you also understand and agree that the service may include certain communications from EASYCUBES, such as service announcements, administrative messages, newsletters and other email. unless explicitly stated otherwise, any new features that augment or enhance the current service, shall be subject to the tos. you understand and agree that the service is provided “as-is” and that EASYCUBES assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. you are responsible for obtaining access to the service and that access may involve third party fees (such as internet service provider or airtime charges). you are responsible for those fees, including those fees associated with the display or delivery of advertisements. in addition, you must provide and are responsible for all equipment necessary to access the service.
2. YOUR REGISTRATION OBLIGATIONS
If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. if you provide any information that is untrue, inaccurate, not current or incomplete, or EASYCUBES has reasonable grounds to suspect that such information fits any of those categories, EASYCUBES has the right to refuse any and all current or future use of the service (or any portion thereof). EASYCUBES is concerned about the safety and privacy of all its users. you also will choose a password and a user name. you are entirely responsible for maintaining the confidentiality of your password and account. furthermore, you are entirely responsible for any and all activities that occur under your account. you agree to notify wholesale systems furniture inc. immediately of any unauthorized use of your account or any other breach of security. wholesale systems furniture inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. however, you could be held liable for losses incurred by wholesale systems furniture inc. or another party due to someone else using your account or password. you may not use anyone else’s account at any time, without the permission of the account holder.
3. EASYCUBES PRIVACY POLICY
Registration data and certain other information about you is subject to our privacy policy. for more information, see our full privacy policy at https://www.easycubes.com/privacy
4. USER CONDUCT
you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) appearing on the website or sent to you by email or other transmission are the sole property of EASYCUBES, inc., and that your use of the service gives you no rights whatsoever in the content provided by the service other than to view it as part of the service or for the display of the content in unmodified form to your clients for the sole purpose of evaluation and purchase of products and services from EASYCUBES (and specifically, not to have any such items reproduced by another manufacturer). you explicitly agree not to use the content for any other purpose. you also understand that any information submitted by you to EASYCUBES through the service or otherwise becomes the property of EASYCUBES upon submission. under no circumstances will EASYCUBES be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
you agree to not use the service to: impersonate any person or entity, including, but not limited to, a EASYCUBES official or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; use the service or the content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or collect or store personal data about other users.
you acknowledge, consent and agree that EASYCUBES may access, preserve, and disclose information you submit to us if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the tos; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of EASYCUBES, its users and the public. you understand that the technical processing and transmission of the service, including the content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
you understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by EASYCUBES and/or content providers who provide content to the service. you may not attempt to override or circumvent any of the usage rules embedded into the service. any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited.
you agree to assume all risk and liability arising from your use of the service, including the risk of breach of the security of its system. you agree to indemnify and hold EASYCUBES, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the tos, or your violation of any rights of another.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the united states or the country in which you reside.
6. NO RESALE OF SERVICE
you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
7. MODIFICATIONS TO SERVICE
EASYCUBES reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof), or your use thereof, with or without notice. you agree that EASYCUBES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
8. DEALINGS WITH ADVERTISERS
your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. you agree that EASYCUBES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
9. LINKS
the service may provide, or third parties may provide, links to other world wide web sites or resources. because EASYCUBES has no control over such sites and resources, you acknowledge and agree that EASYCUBES is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. you further acknowledge and agree that EASYCUBES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. EASYCUBES’S PROPRIETARY RIGHTS
you acknowledge and agree that the service and any necessary software used in connection with the service (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. you further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. except as expressly authorized by EASYCUBES or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
EASYCUBES grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. you agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. you agree not to access the service by any means other than through the interface that is provided by EASYCUBES for use in accessing the service.
user feedback
we welcome comments regarding our site and our operation. please note that all suggestions, comments, ideas and other submissions to EASYCUBES shall be and remain EASYCUBES property, which shall own exclusively all rights, titles and interests thereto. you agree not to submit anything that violates the right of any third party, copyrights or other personal or proprietary rights, nor anything libelous, illegal or obscene. you are solely responsible for the content of any submission. EASYCUBES may use information about your demographics and use of this site in any manner that does not reveal your identity.
products
the products displayed on our site are available in our catalog sales also. the prices displayed are in eur. unless noted otherwise, all our measurements are in mm. please be aware that your monitor and color settings can change the actual shade of the item portrayed. EASYCUBES cannot be made liable for the accuracy of the color display.
11. DISCLAIMER OF WARRANTIES
you expressly understand and agree that:
a. your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. EASYCUBES expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b.EASYCUBES makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from EASYCUBES or through or from the service shall create any warranty not expressly stated in the tos.
e. a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
12. LIMITATION OF LIABILITY
you expressly understand and agree that EASYCUBES shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
13. EXCLUSIONS AND LIMITATIONS
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 11 and 12 may not apply to you.
14. NO THIRD PARTY BENEFICIARIES
you agree that, except as otherwise expressly provided in this tos, there shall be no third party beneficiaries to this agreement.
15. NOTICE
Blox sytems may provide you with notices, including those regarding changes to the tos, either by email, regular mail, or postings on the service. kan dit worden uitgebreid naar een akkoord voor het versturen van nieuwsbrieven? reclame, enz.?
16. TRADEMARK INFORMATION
sens, the EASYCUBES logo, and “…baseline…”trademarks and service marks and other EASYCUBES logos and product and service names are trademarks of EASYCUBES nv. (the “EASYCUBES marks”). without EASYCUBES prior permission, you agree not to display or use in any manner, the EASYCUBES marks.
17. GENERAL INFORMATION
Entire agreement. the tos constitute the entire agreement between you and EASYCUBES and govern your use of the service, superceding any prior agreements between you and EASYCUBES. you also may be subject to additional terms and conditions that may apply when you purchase products, use or purchase certain other EASYCUBES services, affiliate services, third-party content or third-party software.
Choice of law and forum. the tos and the relationship between you and EASYCUBES shall be governed by the laws of the kingdom of belgium without regard to its conflict of law provisions. you and EASYCUBES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of san francisco, california.
Waiver and severability of terms. the failure of EASYCUBES to exercise or enforce any right or provision of the tos shall not constitute a waiver of such right or provision. if any provision of the tos is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the tos remain in full force and effect. statute of limitations. you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the tos must be filed within one (1) year after such claim or cause of action arose or be forever barred.