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Terms & Conditions

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Terms & Conditions

1. INTRODUCTION

WELCOME TO CubicFrog.com (“Website”). PLEASE READ THE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY PRODUCTS AND SERVICES AVAILABLE WHICH IS A LEGALLY BINDING CONTRACT BETWEEN YOU AS A USER AND US AS PROVIDER. BY USING THIS WEBSITE OR ANY APP OR SERVICES PROVIDED THROUGH THIS WEBSITE, YOU EXPRESSLY SIGNIFY YOUR CONSENT TO THE TERMS. IF YOU DON’T AGREE TO THE TERMS IN LETTER AND SPIRIT, YOU MUST NOT USE THIS WEBSITE, PROVIDED THAT YOUR USE OF THIS WEBSITE DURING THE COURSE OF READING THE TERMS OR PRIOR TO THE READING OF THE TERMS, AS THE CASE MAY BE, SHALL BE SUBJECT TO THE TERMS.

2. DEFINITIONS:

Game Apps refer generally to the mobile apps available to you for free or for a price whether on any third party apps store.

Freemium Game Apps means the game apps which are available to you for free on third-party app stores.

Subscription Game Apps means the game apps which are available to you for a subscription price.

Premium Game Apps: It refers to the game apps available on third party app stores for a price.

Prohibited Content: Prohibited Content refers to any content that is unlawful, abusive, fraudulent, libelous, defamatory, threatening, obscene, discriminatory, or, in any manner objectionable, or infringes any intellectual property, privacy, publicity or other rights, or any advertisements, chain letters, solicitation, pyramid schemes, unsolicited commercial communication, or advertisements as to any investment opportunities.

Our Services means the Website, Apps, Our Content, support, the newsletter, updates and any other services provided/introduced for the user.

“We”, “our”, “us” and “Cubic Frog® Inc.” refer to Cubic Frog® Inc. of Las Vegas, Nevada, USA.

“You”, “your”, and “user” refer to the user of the Website and Apps, as the case may be.

3. SERVICES AND APPLICATIONS:

We provide you with interactive educational game apps for kids. Some of the Game Apps are available for download for free on third-party app stores (Freemium Game Apps), and others are for a price on third-party app stores (Premium and Subscription Game Apps). We reserve the right to get Freemium Game Apps carry third party advertisements. We are not responsible for the content of the advertisement as we have no control over the content of such advertisements. However, the Premium and Subscription Game Apps don’t run any advertisements.

The Game Apps are available on third party apps stores such as Apple App Store, Google Play Store, and Amazon, to which we may direct you from the Website when you click any of the hyperlinks to the websites of such third party app stores or you may directly search the Game Apps from aforementioned stores. Your act of downloading, installing and using Game Apps will be subject to the Terms as well as the user agreement of third-party app stores. You agree to comply with the provision of the Terms and third party apps store user agreement.

We may send you a regular newsletter to inform you of the latest offers, products, apps, updates and similar other marketing and promotional material. Your submission of your email to Cubic Frog® Inc. will constitute your final and conclusive consent to receive the newsletter from us. If you don’t want to receive any newsletter from Cubic Frog® Inc, just write to us through our official email provided in the Notice section.

4. COPYRIGHTS:

The information, Apps, program and content available on this Website and Game Apps on third party app stores, including, without limitation, any data, text, images, graphics, photographs, audio and video files, instruction, symbols, trademarks, service marks, logos, icons, game applications, software and hyperlinks (collectively, “Our Content”) are intended to educate and inform you or your kids and are the property of Cubic Frog® Inc. and our partners protected under the applicable law for the time being in force in the State of Nevada, USA.

5. GRANT OF LICENSE:

We grant you a limited, revocable, non-exclusive, world-wide, non-sublicense-able, non-transferable, non-assignable, and limited right to use Our Content for your personal use. No ownership rights are provided to you in Our Content. Our Services are provided subject to the Terms and our privacy policy. Upon the termination of the Terms, your right granted hereunder shall be terminated; provided that the provisions relating to the copyrights and intellectual property rights shall survive the terminations of the Terms.

Any modification of Our Content or use thereof beyond the scope of the Terms is a material infringement of our copyrights and other proprietary rights. We may change the Website or Our Content at any time for any or no reason at our sole discretion.

Misuse of any copyrighted material is prohibited, and we will enforce our intellectual property rights in Our Content by initiating civil and criminal proceedings.

6. RESTRICTION:

You are not allowed:

i. To conduct any resale or commercial use of this Website or any or all of Our Content or prepare any derivative work based thereon;

ii. To collect any account information for the use of other entity or person;

iii. To use any data mining, gathering or extraction tools or robots.

No part of the Website may be sold, used, copied, reproduced or otherwise commercially exploited. Any unauthorized use will automatically terminate the license granted to you under the Terms.

7. THIRD PARTY CONTENT:

This Website may contain hyperlinks/advertisements that may, when clicked, lead you to third party websites and online resources. We don’t control such websites and online resources and are not responsible for any issue or liability arising from any content thereof. You further agree that Cubic Frog® Inc. shall not be liable, in any manner, for any damage or loss caused by the use of such content, goods or services available through or on any such website or online resources. We strongly advise you to make appropriate inquiry before using or making a transaction with such websites or online resources.

8. PRIVACY POLICY:

During the course of your use of the Website, Apps, Our Content and associated services, we collect certain data about you that we treat in accordance with our Privacy Policy. Please read our Privacy Policy for further details.

9. CHILDREN PRIVACY:

We are keen to employ measures to protect the privacy of children. We notify you that parental control protections such as hardware and software measures are available in the market that may assist you in restricting minor’s access to content that is harmful to minors. Further detail as to the children privacy is available in Privacy Policy.

10. USER POLICY:

You agree to observe the applicable laws, and the following User Policy while using this Website or any part of Our Content. You shall not:

i. Use this Website or Our Content for any unlawful purposes;

ii. Use a false e-mail address;

iii. Falsely impersonate any person;

iv. Mislead with reference to the origin of any content;

v. Transmit any Prohibited Content;

vi. Use any part of our copyrighted content;

vii. Remove any notices relating to the copyright, or other proprietary rights contained in the Website or any part of Our Content;

viii. “Frame” or “mirror” any part of the Website without our prior express authorization;

ix. Collect or store any data relating to other users;

x. Harass other users;

xi. Restrict or inhibit any user from using the Website by means of “hacking” or defacing any part of the Website;

xii. Engage in spamming;

xiii. Transmit any malignant software or other materials containing any viruses, defects, worms, trojan horses, or other programs of destructive nature; or

xiv. Use any program, application, robot, spider, device or process to retrieve, “data mine”, index, or in any way reproduce or presentation, or circumvent the navigational structure of the Website or Our Content.

11. DISCLAIMERS:

UNLESS OTHERWISE PROVIDED IN THE TERMS OR ANY APPLICABLE LAW, THE WEBSITE, OUR CONTENT, APPS, PAID APPS, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON “AS IS” BASIS AND WITHOUT ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE.

UNLESS OTHERWISE PROVIDED IN THE TERMS, NEITHER WE NOR ANY OF OUR PARTNERS, FOUNDER, CO-FOUNDER, MANAGER, STAFF, DESIGNER, DEVELOPER, AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDER, ADVERTISERS, OR AGENTS (“Cubic Frog® Inc. Parties”) MAKE ANY WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TRUTHFULNESS, EFFECTIVENESS OR TIMELINESS, FUNCTIONALITY, CONSISTENCY OF THE WEBSITE OR ANY OF OUR CONTENT, PRODUCTS, APPS, PREMIUM APPS AND ANY OTHER SERVICES, NOR DO Cubic Frog® Inc. Parties WARRANT THAT YOUR USE OF THE WEBSITE OR ANY APPS, PREMIUM APPS, OUR CONTENT, THIRD PARTY CONTENT OR ANY PRODUCT OR SERVICES WILL BE UNINTERRUPTED, DEFECTLESS, APPROPRIATE, PERFECT, ERROR-FREE OR SECURE, SMOOTH, OR THAT DEFECTS OR MISTAKES WILL BE CORRECTED OR REMOVED, OR THAT THE WEBSITE, ITS HOSTING SERVER(S) OR WEBSITE IS FREE FROM VIRUSES OR OTHER MALIGNANT PROGRAMS. YOU ACKNOWLEDGE THAT ANY CONTENT, APP OR PROGRAM YOU USE THROUGH THE USE OF THIS WEBSITE OR ANY THIRD PARTY APP STORES AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM CAUSED BY SUCH DOWNLOAD OR USE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND OUR CONTENT, APPS, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE OR ANY THIRD PARTY APP STORES IS WHOLLY AT YOUR OWN RISK.

12. LIMITATION OF LIABILITY:

NEITHER WE NOR ANY OF CUBIC FROG® INC. PARTIES ARE LIABLE OR RESPONSIBLE FOR ANY INDIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR PROFITS, UNDER ANY CONTRACT, STRICT/VICARIOUS LIABILITY, TORT, OR OTHER THEORY RELATING TO THE WEBSITE AND/OR OUR CONTENT, APPS, SERVICES AVAILABLE ON THE WEBSITE OR ANY ASSOCIATED WEBSITE, EVEN IF CUBIC FROG® INC. PARTIES HAVE BEEN INFORMED OF OR ADVISED OF THE POSSIBILITY OF SUCH OCCURRENCE OR DAMAGES. YOUR SOLE AND AGGREGATE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OUR CONTENT OR ANY ASSOCIATED WEBSITE IS TO STOP USING OUR SERVICES, APPS, OUR CONTENT AND THE WEBSITE, AS THE CASE MAY BE.

OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES AND LOSSES SHALL, IN NO CIRCUMSTANCES, EXCEED THE PAYMENT YOU ACTUALLY MADE WITH REFERENCE TO THE APPS WHICH IS THE SUBJECT MATTER OF THE DISPUTE WHETHER IN CONTRACT, TORT OR OTHERWISE. MOREOVER, UNDER NO CASE SHALL WE OR ANY OF CUBIC FROG® INC. PARTIES BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED DIRECTLY OR INDIRECTLY BY AN EVENT OF FORCE MAJEURE OR EVENTS BEYOND OUR REASONABLE CONTROL.

13. TERMINATION OF SERVICES:

We may terminate your online access to Our Content, Website or any Game Apps at any time without assigning any reason. We shall not be liable for any foregoing termination and your right to use the Website and Our Content, Game Apps and Our Services shall cease immediately after the termination without arising any liability.

14. INDEMNIFICATION:

You agree to indemnify, defend and hold Cubic Frog® Inc. Parties harmless from and against any and all claims, damages, losses, costs, including, without limitation, attorneys’ fees and other expenses arising from your breach of these Terms, your use of the Website, Apps, Services, Our Content, and any third party hyperlink or advertisement. You shall provide us a workable cooperation in the defense of any claim.

15. GOVERNING LAW AND VENUE OF DISPUTE RESOLUTION:

The Terms shall be governed by the applicable law of Nevada, USA. Any dispute arising from the Terms shall be resolved by an independent arbitration held and constituted under the applicable rules of American Arbitration Association (AAA).

UNLESS NOT PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT YOU SHALL COMMENCE ANY ACTION WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES AND YOUR FAILURE TO COMMENCE IT WITHIN THE FOREGOING PERIOD SHALL PERMANENTLY BAR YOU TO INITIATE ANY PROCEEDING.

16. AMENDMENTS:

At our sole discretion and without prior notice, the Terms may be changed, or amended, and may include additional terms and conditions for certain Website features or additional services that may be introduced from time to time. Any such changes, amendments, and additions shall be enforceable upon its posting on this Website. You are requested to review the Terms frequently. The date of the last update is being provided hereunder so that you may know if there is any change in the Terms since your last visit.

17. MISCELLANEOUS:

If any provision of these Terms is found to be void, unlawful, illegal, or unenforceable, then the same shall be severed from the Terms without any affect.

The Terms and Privacy Policy constitute an entire agreement between you and us relating to the subject matter herein superseding all prior or contemporaneous understanding.

The Terms are not assignable, sub-licensable, or transferable by you except with our prior written consent.

Unless otherwise provided herein, no waiver by either party of any breach of the Terms shall be deemed to be a waiver of any preceding or subsequent breach.

Any heading or number in the Terms is inserted only as a matter of convenience and in no way defines any right or liability or the provision of the Terms.

18. DMC NOTICE:

If you found that Website or Our Content has any content infringes your copyrights, you are welcomed to notify us in the manner prescribed by Section 512(c) (3) of the Digital Millennium Copyright Act (“DMCA”). Your notice must clearly request Cubic Frog® Inc. that a particular content should be deleted, removed or the access of the user be denied to such content. The notice shall include the following content:

(i) Your name, address, phone, fax, email, electronic or physical signature, whichever is applicable;

(ii) Detailed description of the content you allege to be infringed;

(iii) Location of the content anywhere in addition to our Website or Our Content (“Original Work”) so that we may be able to determine if there is any similarity;

(iv) The statement from you describing the reasonable grounds that make you owner of the disputed content and those rights are violated;

(vi) A statement by you under the penalty of perjury that the information and content of the notice are true to the best of your knowledge and belief.

If the content of your notice is not in accordance with the applicable law, we will not consider for any further step. If we are of the view that your claim as to the disputed content is groundless, then we will forthwith reject your request. However, we will not act upon your notice in case there are reasonable grounds suggesting the truth of your claim. DMCA notice must comply with the provisions of the DMCA (please visit for further details http://www.loc.gov/copyright).

19. QUESTIONS AND NOTICE:

If you have any question or want to notify us with reference to our products and services, please contact us at: support at cubicfrog dot com

Last Updated: January 26, 2019