Some features of the We Think Cube may allow you to link your account on the We Think Cube to your accounts on third party services, such as social media services. If you link your account on the Service to an account on a third-party service (such as Facebook, Google), you are authorizing XQ to store and use your access credentials to access your account on your behalf as your agent and to integrate your experience with the We Think Cube with content, information, and features available through such third party services. Use of a third party service through the We Think Cube in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
You agree not to use the We Think Cube to take any action or actions or to post any Content that:
Improper use of the We Think Cube may result in termination of your access to and use of the We Think Cube and/or civil or criminal liabilities.
Aspects of the We Think Cube may be protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are owned by XQ and are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the We Think Cube without our prior written permission. You acknowledge that you do not acquire any ownership rights by using the We Think Cube.
The trademarks, logos, and service marks displayed on the We Think Cube (collectively, the “Trademarks”), including, but not limited to, XQ℠ and XQ INSTITUTE℠, are trademarks of XQ, XQ licensors and suppliers, and/or others. Nothing contained in this Agreement or the Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of XQ, XQ licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.
This Agreement is effective from the date that you first access the We Think Cube and shall remain effective until terminated in accordance with its terms. XQ may immediately terminate this Agreement, and/or your access to and use of the We Think Cube at any time and for any reason, with or without cause, without prior notice. XQ may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the We Think Cube shall immediately cease. All rights and licenses that you grant to XQ, all disclaimers and limitations of liability. and all XQ rights of ownership shall survive any termination of this Agreement.
THE WE THINK CUBE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND APPLICATIONS ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WE THINK CUBE, OR YOUR USE OF THE WE THINK CUBE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WE THINK CUBE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE WE THINK CUBE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WE THINK CUBE AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER XQ NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WE THINK CUBE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WE THINK CUBE IS TO STOP USING THE WE THINK CUBE. NEITHER XQ NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WE THINK CUBE BY THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold XQ, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit through the WE THINK CUBE infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the WE THINK CUBE; and/or (d) your negligence or willful misconduct.
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. For any dispute you have with XQ, you agree to first contact us and attempt to resolve the dispute with us informally. If XQ has not been able to resolve the dispute with you informally, we each agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in San Francisco, California. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in San Francisco, California. For the sake of clarity, nothing in this paragraph shall affect XQ’s ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND XQ ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by XQ as provided herein or otherwise by written instrument signed by XQ. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with XQ’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. XQ may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
We collect information that you provide us directly and information that is automatically collected when you use the We Think Cube.
Of further note about the information we collect:
We may share the information we collect about you with third parties in connection with your use of the We Think Cube. Our information-sharing with third parties fall into these categories and purposes:
Protecting the privacy of young children is especially important. The We Think Cube is intended for general audiences and is not directed to children under 13.
If we learn that personally identifiable information has been collected on the We Think Cube from persons under 13 years of age without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years has submitted personally identifiable information with the We Think Cube without your prior, written consent, then you may alert us at [firstname.lastname@example.org] and request that we delete that child’s personally identifiable information from our systems.
We allow minors between ages 13 and 18 to use the We Think Cube and also permit such minor users control over removing any content or information they have posted through the We Think Cube. Note that such removal does not ensure complete and comprehensive removal of the content or information. Instances of the content or information as shared by other users will not be removed. If you are a minor between ages 13 and 18 and would like content or information you have posted through the We Think Cube removed, please send your removal requests or removal-related questions to [email@example.com].
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the We Think Cube, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at [firstname.lastname@example.org].
Under California Law, California residents can request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To make such a request from us, if entitled, please use the contact information listed below. We will respond to such properly addressed written requests. Please note that we are only required to respond to each customer once per calendar year.
807 Broadway, Suite 200
Oakland, California 94697
Effective September 11, 2015
Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a minor under the age of 13, namely, during registration with and use of the We Think Cube, we will require prior consent from a parent or legal guardian and retain that information only so long as reasonably necessary to allow the child to participate in the We Think Cube, ensure that security of our users and our services, or as required by law. In the event we discover we have collected information from a minor under the age of 13 in a manner inconsistent with the requirements of the Children’s Online Privacy Protection Act, we will either delete the information or immediately seek parental consent for that collection.
About information we collect from minors under 13:
In addition to the limited instances where a child’s personal information is posted publicly (after receiving written consent from the child’s parent or legal guardian), we may also share or disclose the information we collect about your child with third parties in connection with your child’s use of the We Think Cube. By consenting to your child’s registration with and use of the We Think Cube, you also consent to the following limited disclosures of your child’s information to third parties. If you do not wish for your child’s information to be shared with third parties as outlined below, you may choose to prevent your child from registering with or using the We Think Cube.
Our information-sharing with third parties falls into these limited categories and purposes:
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your child’s personally identifiable information. We cannot, however, ensure or warrant the security of any information you and/or your child transmit to us or store on the We Think Cube, and you and/or your child do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you and your childelectronically so that you can take appropriate protective steps. Depending on where you andyour child live, you may have a legal right to receive notice of a security breach in writing. Toreceive a free written notice of a security breach you should notify us at[email@example.com].
At any time, parents can refuse to permit us to collect or share personal information from their children in association with the We Think Cube by refusing to permit their child to register with or use the We Think Cube. Parents can also request access to any information collected about their child or request that we delete from our records the personal information we have collected in connection with the child’s use of the We Think Cube.
To request access to any information collected in connection with a child’s use of the We Think Cube or that such information be deleted, a child’s parent or legal guardian can contact us or send any access or deletion requests or questions to [firstname.lastname@example.org].
Parents of children that use the We Think Cube may also contact XQ Institute by mail or telephone at:
248 3rd St #319
Oakland, California 94607
In any written correspondence relating to access to or deletion of a child’s information, please include the child’s name and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.
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