PART A - PREAMBLE
3) The volunteers and employees at CubedCon agree to its Governing Terms, which outline their duties to their primary objects (Special Effect).
4) When using the Cubed! Store (Shopify) to purchase server benefits, you become the offeror of a formal contractual offer which CubedCon are entitled to refuse on any lawful grounds. Cubed! are also entitled to refuse any donations for any reason.
5) Any reference hereinafter to-
a) ‘CubedCon’ is synonymous with “Cubed!”, the ‘organisation’, ‘us’, ‘data controller’, the ‘trustee’ and other natural synonyms and the plurals of these terms;
b) ‘CubedCon’ is also deemed to be any company or organisation in which the trustees hold more than 50% of the shares, voting rights or has the right to appoint one or more directors to the board of the company;
c) ‘you’ is synonymous with ‘yourself’, the ‘individual’, the ‘data subject’ and other natural synonyms and the plurals of these terms;
d) ‘accessible in-game’ implies the ability to access the server successfully without bar or hindrance with a licenced and unaltered version of Minecraft assuming exceptional access to the internet;
e) “Convention” denotes the online event held electronically on a server accessible by generic licensees with licenced and unaltered versions of Minecraft in-game;
f) ‘licensee’ denotes any individual holding a single right to access the server whether a ticket-holder or a booth-holder, and is synonymous with other natural synonyms and the plurals of these terms;
g) ‘ticket’ means a licence to visit the server accessible in-game subject to the following terms, and is synonymous with other natural synonyms and the plurals of these terms;
h) ‘booth’ denotes an area of space (typically 15*15*15 blocks) which is reserved for successful booth-holders (and their team of booth-editors), and is synonymous with other natural synonyms and the plurals of these terms;
i) ‘ticket-holder’ denotes the successful applicant of a generic licence to visit the ‘Convention’ after inputting information on CubedCon’s website, and is synonymous with other natural synonyms and the plurals of these terms;
j) ‘primary booth-holder’ denotes the successful applicant of a licence to visit CubedCon’s server prior to the ‘Convention’ to draft and finalise a sectioned area of space in a clean Minecraft client notwithstanding their ‘paid status’ or ‘free status’, and is synonymous with other natural synonyms and the plurals of these terms;
k) ‘booth-editor’ denotes a person or class of persons authorised by the primary booth-holder to help edit their ‘booth’, and is synonymous with other natural synonyms and the plurals of these terms;
l) ‘paid status’ denotes the class of donees or addressees identifiable by an in-game username who receives the privileges attached with purchase of a benefit through CubedCon’s Webstore client;
m) ‘free status’ denotes the class of generic ticket-holders and/or booth-holders who are not conferred any privileges in connection with CubedCon’s Webstore client;
6) You agree to all terms contained herein and they form the main binding terms upon CubedCon and yourself between you as parties to a bilateral contract at any time as they appear on the organisation’s website, when purchasing a privilege on one of our public servers.
8) You agree that you did not enter into this contract under any representation made however innocently or negligently.
a) through engagement of any CubedCon services free or paid where you transfer consideration;
10) You agree to the terms of SHOPIFY’s consumer policies (if any) when engaging with our Webstore.
PART B - INTELLECTUAL PROPERTY AND LICENCING
11) All present, past or future intellectual property which subsides in the organisation’s website will vest jointly among all founders at CubedCon. The position of CubedCon founders is clarified in our governing terms.
12) If your application for Convention tickets is successful, you shall be conferred the title as ‘ticket-holder’, and shall be conferred a revocable and non-exclusive licence to visit the Convention under prescribed dates. This will not confer a licence as to the intellectual property embedded in any communication to your client or any exclusive intellectual property held by CubedCon on their website.
13) If your application to the application for a booth is successful, you shall be conferred the title as ‘booth-holder’, and shall be conferred a revocable and non-exclusive licence to visit the Convention early under prescribed dates to edit, decorate, and finalise an area of space in-game. You will attract the same benefits as a generic ticket-holder if your finalised booth is accepted, and you can then visit the Convention without applying for a ticket.
14) You are not entitled to have your booth appear at the event, and your booth editing rights may be revoked at any point by us on any grounds.
15) Copyright subsiding in the preparatory and finalised versions of the booth vest in all booth-editors equally, as authorised by the primary booth-holder.
16) You agree to licence CubedCon the free exploitation of any intellectual property subsiding in the booth’s appearance you may hold, as primary booth-holder, for the purposes of the Convention from time to time. You may not withdraw this licence, but it will expire when the Convention ends each year.
PART C - RULES OF THE SERVER
17) Any licence conferred by CubedCon may be withdrawn for any reason with a day’s notice for no reason if the reasons demonstrable by CubedCon are not objectively unreasonable.
18) Any licence conferred by CubedCon may be withdrawn immediately if your actions-
a) are objectively offensive, vulgar, pejorative, harassing or perturbing;
b) affect the legal rights of the other licensees;
c) concern other players or alter their enjoyment of the Convention; or
d) attempt to make a profit from the Convention or intellectual property owned by CubedCon.
PART D - THE PURCHASE OF SERVER BENEFITS
19) You will only be successful in a payment when you have made successful payment for any server benefit through our Webstore, have the capacity to contract, and have received a receipt of purchase.
20) You will have capacity to contract if (among other factors) you are of lawful age and sound mind.
21) You will be entitled to have it seen that the purchased server benefit is delivered to the specified Minecraft account insofar that the specified Minecraft account is non-fraudulent, unaltered, licenced, attached with no unusual incumbrance, or barred from server entry pursuant to Part C.
22) The past or future purchase of server benefits, amenities, or commodities do not lift any preclusion or ban placed against you from accessing the server where the licence is withdrawn. We reserve the right to revoke your licence to access any of our public servers and may remove and ban you from our socials (i.e. Discord) notwithstanding any privileges you hold if you are liable for breach of our server rules.
23) Any alteration by way of any purchased server benefit to your legal status within the Convention and/or CubedCon’s services shall be binding, and shall extend further rights as purported under that subsequent agreement, but will not impliedly (without express notice to the contrary) revoke your title as a ‘ticket-holder’, ‘booth-holder’, or ‘booth-editor’.
24) You agree that the server benefits are not “goods” but rather licences for the purposes of the Sale of Goods Act 1979.
PART E - EXCLUSION AND LIMITATION
25) These terms purport to exclude our liability arising from negligence resulting in
a) indirect losses,
b) economic losses,
c) innocent or negligent misrepresentation,
d) negligent misstatement
e) property damage, or
f) any form of immaterial damage.
26) These terms do not purport to exclude our liability arising from negligence occasioning
a) death or personal injury,
b) fraudulent misrepresentation, or
c) fraudulent activity.
27) These terms exclude our liability for breach of implied conditions, warranties or innominate terms by statute, common law or otherwise into these terms to the furthest extent as possible in law.
28) You may be personally liable for any loss suffered caused by-
a) intentional and unlawful interference with the server,
b) fraudulent activity on the server,
c) the use of an unlicenced or altered Minecraft client,
d) the commitment of any intentional tort,
e) the commitment of any contractual breach, or
f) the commitment of an unlawful data breach.
29) If you are liable for breaching the server rules, disciplinary action will be taken, which could extend to a withdrawal of a licence to access the Convention pursuant to Part C.
30) These terms are ‘fair’ for the purposes of the Consumer Rights Act 2015 and the Consumer Rights Directive, considering the nature of our purpose, the unlikeliness of major damage without fault laying elsewhere, and the prevailing limitation over exclusion in the event that fault is established.
PART F - CHOICE OF LAW
31) You agree that English courts should have prevailing jurisdiction over these contractual terms.
32) All obligations upon legal and natural persons in England shall be incorporated into this contract as actionable through English courts or arbitration.
33) The rights available to individuals against exclusion clauses are provided for the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 with which these terms are compliant.
PART G - COMPLAINTS AND/OR CONTACT
34) In the event you wish to contact CubedCon for assistance in relation to our services, these Terms, purchasing, and intellectual property rights, we invite correspondence to [email protected].
35) If you have any informal queries, you are free to contact us by social media as advertised in the footer of our website. We are contactable through social media services Facebook, Twitter, Youtube, Google+, PlanetMinecraft, Twitch and Discord.
36) We do not purport to possess the rights to operate under the goodwill of any trade mark vesting in the brands of any company or organisation listed in para. 35 nor purport to trade thereunder.