To use the PhoneCube site and service you must abide by these terms and conditions.
Last updated June 30, 2014.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
PhoneCube is a Venue
PhoneCube acts as a venue to allow users who comply with PhoneCube's policies to offer, sell and buy certain electronic goods within a fixed-price format. PhoneCube is not directly involved in the transaction between buyers and sellers. As a result, PhoneCube has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. PhoneCube does not pre-screen users or the content or information provided by users. PhoneCube cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, PhoneCube does not transfer legal ownership of items from the seller to the buyer.
PhoneCube cannot guarantee the true identity, age, and nationality of a user. PhoneCube encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that PhoneCube is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on PhoneCube. You use the PhoneCube service at your own risk.
Age: PhoneCube's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. PhoneCube may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use PhoneCube's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by PhoneCube's policies as stated in the Agreement and the PhoneCube policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by PhoneCube, each of which is incorporated herein by reference and each of which may be updated by PhoneCube from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by PhoneCube from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify PhoneCube of any unauthorized use of your password or any breach of security. You also agree that PhoneCube cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than PhoneCube without PhoneCube's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on PhoneCube you must provide and maintain valid payment information such as a valid PayPal account.
Account Transfer: You may not transfer or sell your PhoneCube account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: PhoneCube's services are not available to temporarily or indefinitely suspended PhoneCube members. PhoneCube reserves the right, in PhoneCube's sole discretion, to cancel unconfirmed or inactive accounts. PhoneCube reserves the right to refuse service to anyone, for any reason, at any time.
Fees and Services
Joining and creating a listing on PhoneCube is free. PhoneCube may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. PhoneCube's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for PhoneCube's services are effective after PhoneCube provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, PhoneCube may choose to temporarily change the Fees Policy and the fees for PhoneCube's services for promotional events (for example, free listing days); such changes are effective when PhoneCube posts the temporary promotional event on the Site. PhoneCube may, at PhoneCube's sole discretion, change some or all of PhoneCube's services at any time. In the event PhoneCube introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in CAD Dollars (CAD).
You are responsible for paying all fees and applicable taxes associated with using PhoneCube.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with PhoneCube's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Return Policies: All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with PhoneCube's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. PhoneCube reserves the right to request that a seller modify a listing return policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to PhoneCube and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on PhoneCube.
Restricted Activities: Your Content and your use of PhoneCube shall not:
Re-Posting Content: By posting Content on PhoneCube, it is possible for an outside website or a third party to re-post that Content. You agree to hold PhoneCube harmless for any dispute concerning this use. If you choose to display your own PhoneCube-hosted image on another website, the image must provide a link back to its listing page on PhoneCube.
Idea Submissions: PhoneCube considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and PhoneCube shall not be liable for the disclosure or use of such Material. If, at PhoneCube's request, any member sends Material to improve the site (for example through the Forums or to customer support), PhoneCube will also consider that Material to be non-confidential and non-proprietary and PhoneCube will not be liable for use or disclosure of the Material. Any communication by you to PhoneCube is subject to this Agreement. You hereby grant and agree to grant PhoneCube, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
PhoneCube does not control the Content provided by users that is made available on PhoneCube. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using PhoneCube, you agree to accept such risks and that PhoneCube (and PhoneCube's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on PhoneCube. Please use caution, common sense, and practice safe buying and selling when using PhoneCube.
Other Resources: PhoneCube is not responsible for the availability of outside websites or resources linked to or referenced on the Site. PhoneCube does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that PhoneCube 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and PhoneCube, please contact PhoneCube.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Platte County, Missouri, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Candian Federal Courts or provincial courts located in the Ontario. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and PhoneCube agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release PhoneCube (and PhoneCube's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. PhoneCube encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
PhoneCube, for the benefit of users, may try to help users resolve disputes. PhoneCube does so in PhoneCube's sole discretion, and PhoneCube has no obligation to resolve disputes between users or between users and outside parties. To the extent that PhoneCube attempts to resolve a dispute, PhoneCube will do so in good faith based solely on PhoneCube's policies. PhoneCube will not make judgments regarding legal issues or claims.
PhoneCube's Intellectual Property
PhoneCube, and other PhoneCube graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PhoneCube, INC in the U.S. and/or other countries. PhoneCube's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Without limiting any other remedies, PhoneCube may, without notice, and without refunding any fees, delay or immediately remove Content, warn PhoneCube's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
PhoneCube, PHONECUBE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PHONECUBE’S SUPPLIERS PROVIDE PHONECUBE’S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PHONECUBE, PhoneCube'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PhoneCube'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PhoneCube SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL PHONECUBE, AND (AS APPLICABLE) PHONECUBE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PHONECUBE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PHONECUBE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PHONECUBE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PHONECUBE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PHONECUBE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PHONECUBE AND (AS APPLICABLE) PHONECUBE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
PhoneCube does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside PhoneCube's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any PhoneCube service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on PhoneCube's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and PhoneCube are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Ontario, excluding its conflicts of laws rules, and Canada.
Except as explicitly stated otherwise, any notices shall be given by postal mail to PhoneCube; Attn: Legal Department; 145 Royal Crest Court, Unit 3, Markham, Ontario, L3R 9Z4 (in the case of PhoneCube) or, in your case, to the email address you provide to PhoneCube (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PhoneCube may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PhoneCube. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in PhoneCube's Copyright and Intellectual Property Policy.
The services hereunder are offered by PhoneCube, INC, located at 145 Royal Crest Court, Unit 3, Markham, Ontario, L3R 9Z4.