Terms of Use

Updated on 12/16/2022

Cubesnack, Inc. (“Company,” “Cubesnack,” "Platform," “we,” or “us”) provides users (“Users” or “you”) of the web pages located at cubesnack.com (“Site”) and the Cubesnack mobile app (“Mobile App”) with a platform to perform electronic business transactions and a platform for buyers and sellers of goods and services (collectively, “Services”).

This Terms of Use Agreement (“Agreement”) details the terms, conditions, disclaimers, and limitations of liability governing your access and use of this Site, the Mobile App, and the Services. You are responsible for carefully reading this entire Agreement. We recommend that you print or save a copy of this Agreement for your records and review it with your legal and other advisers prior to acceptance. By accessing or using this Site, Mobile App, or Services, you accept and agree that the terms in this Agreement form a legally binding agreement between you and Company each time you access and/or use this Site, the Mobile App, or the Services. If you do not agree with all terms in this Agreement, you are not authorized to use this Site, the Mobile App, or the Services. Company may amend this Agreement at any time by posting an amended version on this Site.

In addition, you and Company shall be subject to any additional terms, guidelines, or rules applicable to this Site, the Mobile App, and/or the Services, which may be posted from time to time on this Site. All such additional terms, guidelines, and rules are hereby fully incorporated by reference into this Agreement. Also, Company may offer other Services from time to time that are governed by different terms.

Disclaimers, Limitations of Liability, and Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MOBILE APP, AND THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS OR GOODWILL; (III) DAMAGES FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR PERSONAL INJURY, OR FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE; AND (IV) ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOUR USE OF THE SERVICES, OR THIS SITE, OR THE MOBILE APP ARE AT YOUR SOLE RISK. THE SERVICES, THIS SITE, AND THE MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CORRESPOND TO ANY CONDITION, (III) RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, OR THIS SITE, OR THE MOBILE APP, OR ANY PRODUCT OR SERVICE PROCURED THROUGH ANY OF THEM, WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES, OR THIS SITE, OR THE MOBILE APP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES, OR THIS SITE, OR THE MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR SERVICES, OR ONE HUNDRED U.S. DOLLARS ($100).

THE INFORMATION PROVIDED ON THIS SITE AND THE MOBILE APP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. COMPANY DOES NOT WARRANT THAT PRODUCTS AVAILABLE THROUGH THIS SITE OR THE MOBILE APP ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS.

Information regarding products may be provided by users or other third parties. Company does not guarantee that such information or other content provided through the Site, the Mobile App, and/or the Services is accurate, complete, or up-to-date. You agree and acknowledge that Company is not responsible for verifying or guaranteeing the information or content provided by users or other third parties through the Site, the Mobile App, and/or the Services. You agree and acknowledge that you will not attempt to hold us or our affiliates and agents liable for any inaccuracies or incomplete information.

Intellectual Property

All intellectual property rights associated with individual products referenced on or offered through this Site or the Mobile App are owned by the respective entities that created such products (collectively, “Third Parties”). As between you and Company, Company owns all intellectual property rights, including all copyrights, patents, trademarks, and trade dress associated with the Site and/or the Mobile App, including all associated software, logos, text, and graphics. You agree not to use any Third Parties’ intellectual property or any Company intellectual property without prior written permission from such Third Parties or Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site so long as such link is not related to any portrayal of Company, this Site, the Mobile App, or the Services in any false, misleading, derogatory, or otherwise offensive manner.

Please be aware that when you provide any content to us, the Site, or the Mobile App using our Services, you are doing the following: (a) you grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in that content in connection with our provision and/or promotion of our Services, in any media known now or developed in the future; (b) you waive any right to enforce your intellectual property rights, if any, in that content against Company, or our sublicensees or other agents, in connection with any use of that content in connection with our Services or promotion of such Services. Company retains the right to use all publicly-published or posted content for Company’s business purposes, including but not limited to marketing and promotional purposes.

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that your copyright rights have been infringed, please provide to our copyright agent ALL of the following information:

A physical or electronic signature of the copyright owner, or the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Identification and description of the copyrighted work that you claim has been infringed.
Identification and description of where the material that you claim is infringing is located on the Site and/or Mobile App, including the URL.
Your full name, mailing address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact our copyright agent:

By mail: Cubesnack, Inc., c/o Copyright Agent, 3 Audrey Avenue, Oyster Bay, NY 11771

By email: copyright@cubesnack.com

Registration

Only registered and verified users may buy and sell on the Site and the Mobile App. Registration is completely free of charge. In registering for an account, you agree to provide us with true, accurate, complete, and current information and must not create an account for fraudulent or misleading purposes. If you do not, or if Company has reasonable grounds to suspect that you have not, or if Company has grounds in its discretion to suspect that you have violated this Agreement, Company has the right to suspend or terminate your current or future use of the Site, the Mobile App, and/or the Services.

Multiple Accounts: To prevent abuse and misconduct, users may be limited to one (1) active Cubesnack account, one (1) active Cubesnack Seller account, and one (1) active Cubesnack Freelancer account. Any additional account determined in Company’s discretion to be created to circumvent guidelines, promote competitive advantages, or mislead the other users on Cubesnack will be permanently disabled. Mass account creation may result in disabling of all related accounts.

Account, Password, Security

You may receive or voluntarily create a password and a username upon completing the registration process. You are fully and solely responsible for maintaining the confidentiality of your password and account information, and are fully and solely responsible for all activities that occur under your password or account. You expressly agree not to share your username and password with anyone. You agree to (i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Company is not and will not be liable for any loss or damage arising from your failure to comply with this Agreement.

You agree to provide true, accurate, current, and complete payment information where prompted. If you do not, or if Company has reasonable grounds to suspect that you have not, or if Company has grounds in its discretion to suspect that you have violated this Agreement, Company has the right to suspend or terminate your current or future use of the Site, the Mobile App, and/or the Services.

Third-Party Sites

This Site or the Mobile App may provide you with links to third-party websites that may be of interest to you. Such third-party sites and content are not controlled or operated by Company. Company is not responsible or liable in any way for, and makes no representations or warranties about, the privacy, security, data policies, practices, quality, accuracy, timeliness, reliability of any third-party sites or their content, advertisements, functionality, and links.

We encourage you to be aware when you leave the Site or the Mobile App and to read the terms of use and privacy policies of any other website or app that you visit, even if you access them through links on this Site or the Mobile App. Company does not endorse and is not responsible or liable for any third-party content, applications, advertising, products, further links, or other material on or available through such websites or apps. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTIES, OR YOUR ACCESS OR USE OF ANY THIRD-PARTY SITE, APP, CONTENT, OR PLATFORM.

Representations & Warranties

You represent and warrant that:

You are 13 years of age or older,
You are fully able, competent, and authorized to enter into this binding Agreement,
You will abide by and comply with this Agreement, and your access and use of the Site, the Mobile App, and the Services are for your personal use and are not for any commercial or exploitive purpose or resale,
You will not authorize others to use your Site/Mobile App account or password,
Your access and use of the Site, the Mobile App, and them Services shall comply with all applicable laws, rules, and regulations, and not violate any intellectual property rights or other rights of any party,
You will not post, upload, link, or transmit to this Site, the Mobile App, or Company any content or information that is false or inaccurate, or any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment,
You will not frame or apply framing techniques to the Site/Mobile App,
You will not use data mining, robots, or similar data gathering and extraction tools on the Site/Mobile App,
You will not reverse engineer, decompile, disassemble, revise, modify, or violate the security of this Site/Mobile App or attempt to do so,
You will not use, copy, modify, create derivative works of, distribute, sell, deliver or otherwise transfer, directly or indirectly, any part or content of this Site, Mobile App, or Services unless expressly permitted in writing in advance by Company,
You will not fail to follow through on payment for your purchase, or delivery of what you sold,
You will not interfere with any other user’s listings, posts, or content,
You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content,
You own any and all content you provide to, send to, or post on the Site and/or Mobile App, or you expressly (in writing) own or otherwise control all necessary rights to do so,
You will not provide to, send to, or post on the Site or the Mobile App any content that infringes the intellectual property, privacy, publicity, or any other rights of any third party.

Force Majeure

Company will not be liable for non-performance or delay in performance caused by any event beyond the reasonable control of Company, including, but not limited to, war, hostilities, revolutions, riots, civil commotion, terrorist activity or threat, national or state emergency, epidemic, pandemic, fire, flood, earthquake, force of nature, explosion, embargo, any act of God, or any other event of a similar nature.

Indemnification and Release

You hereby agree to indemnify and hold harmless, and upon Company’s request, defend, Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding made by a third party arising from: (i) actual or alleged breach of any warranty, representation, covenant, or obligation of yours under this Agreement or applicable law, including but not limited to your agreements, acceptance, representations, and warranties set forth above; or (ii) actual or alleged infringement or violation by you of any intellectual property or privacy or other right of any other. Company shall have the right, at its expense, to participate in its defense with counsel of its choosing.

You hereby expressly and perpetually release Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns (collectively, “Releasees”), from any and all claims of any kind related to or arising out of access, attempted access, or use of the Site, the Mobile App, the Services, or any product or service procured using one or more of them, including but not limited to any injury, loss, or damage arising out of or attributable to such access, attempted access, or use of the Site, the Mobile App, the Services, or any product or service procured using one or more of them. You expressly and perpetually waive, and covenant not to make or bring, any such claim against Company or any other Releasee, and forever release and discharge Company and all other Releasees from liability under such claims.

Applicable Law

This Agreement and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any dispute arising in connection with this Agreement, the Site, Mobile App, and/or Services shall be submitted to arbitration conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Arbitration Rules (as applicable). Three arbitrators will be selected for the proceeding: one selected by you, one selected by Company, and one selected by those two arbitrators within seven (7) days of the appointment of the first two. The arbitrators will decide the substance of all claims in accordance with applicable law. The arbitrators’ award shall be final and binding and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim or dispute you may have against Company and/or its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the attorneys’ fees and costs that Company incurs in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.

Disputes Between Users and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves using the message tools provided within the Site and Mobile App. If for any reason users are unable to resolve any issues mutually, or if you encounter non-permitted usage on the Site, users can contact Cubesnack Customer Support for assistance. For more information about disputes, order cancellations, returns, and refunds please refer to the FAQs.

International

The Site is hosted and the Services are offered in the United States of America (“U.S.”), and are intended to comply with U.S. laws and be used only in the U.S. You agree that you will not access the Site or Services outside the U.S. You agree to not use the Site, or any portion of the Site, in violation of U.S. law including but not limited to export regulations. You are responsible for adhering to all relevant local and national laws wherever you are. If you are located in the European Economic Area (EEA), you should not use this Site. If you use this Site, it is an unauthorized use and you understand that your information is stored and transmitted outside of the EEA. Your information would be treated as described in this Agreement and Company privacy policy, but you understand that this Site is not intended or authorized for use by those located in EEA and is not subject to the General Data Protection Regulation (GDPR).

Notices

Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to Cubesnack, Inc., 3 Audrey Avenue, Oyster Bay, NY 11771, Attn: Legal Department.

General

This Agreement along with any additional terms, policies, rules, or regulations posted on this Site or the Mobile App constitute the entire agreement between you and Company and govern your use of the Site, the Mobile App, and the Services, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You may not assign or transfer your rights or obligations under this Agreement, in whole or in part. Company may assign or transfer its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and permitted assigns of you and Company.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be curtailed only to the extent necessary to bring it within legal and enforceable requirements and all other provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect the meaning of any provisions of this Agreement.

Violations

Without limiting other remedies, Company may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or use of the Site and/or the Mobile App, and/or access and use of the Services if: (i) you breach this Agreement or the documents it incorporates by reference, or breach any other agreement between you and Company in any way; (ii) we are unable to verify or authenticate information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us, or other Users. Company may cancel accounts that have been inactive for a substantial period of time or unverified accounts. Company reserves the right to refuse, suspend, or terminate the Services to anyone for any reason at Company’s sole discretion.

Users may receive a warning to their account for violations of these Terms of Use or any user misconduct reported to the Cubesnack team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller privileges or being permanently disabled based on the severity of the violation and in Company’s sole discretion.

User Abuse and Misconduct: Cubesnack enables people across the United States to create, sell, share, and purchase nearly any product or service they need at a reasonable cost. Registered users of Cubesnack communicate and engage through orders and in-app messaging features.

Cubesnack encourages friendly, community-spirited, and professional behavior in an effort to promote a favorable marketplace experience for our users. Users must strictly adhere to this code of conduct while interacting with other users on Cubesnack.

To report a violation of these Terms of Use, to report user misconduct, and/or to submit inquiries regarding your account, please contact Cubesnack Customer Support.

Targeted Abuse: Cubesnack does not tolerate users who engage in targeted abuse or harassment towards other users on the Cubesnack Site or Mobile App. This includes creating new or multiple accounts to harass members through our message or ordering system.

Buying or selling of Cubesnack accounts is strictly prohibited.

Cubesnack complies with the regulations of its payment processors and other partners with whom Cubesnack works in connection with the Site, the Mobile App, and/or the Services.

Cubesnack Social Media Policy

Cubesnack is committed to providing a vibrant and respectful “Social Feed” for users to connect, share, and engage with content. To ensure a positive and secure online environment, we have established the following detailed Social Media Policy. Users are expected to adhere to these guidelines to foster a community that values diversity, creativity, and respectful interaction.

User Profiles:

Creation and Authenticity:

Users can create personal and brand profiles. It is imperative that profiles accurately represent the user or brand, ensuring authenticity and transparency.

Profile Privacy Settings:

Users have the option to set privacy settings for their profiles, allowing them to control the visibility of their information to the public or specific user groups.

Content Sharing:

Text Content:

Users can share text-based content within the platform. All text content should adhere to community guidelines, avoiding hate speech, discrimination, or any form of offensive material.

Media Sharing:

The platform supports the sharing of various media formats, including images and videos. Users are encouraged to share creative and respectful content that aligns with community standards.

Link Sharing:

Users can share links to external websites or content. However, links leading to inappropriate or harmful content will be subject to removal.

Connections and Interaction:

Follow and Get Followed:

Users have the ability to follow other accounts and be followed. Mutual consent is not required for following accounts, but users can manage their follower settings to control who can follow them.

Direct Messaging:

Users can send direct messages to other accounts. Direct messaging should be respectful and comply with community guidelines. Harassment or unsolicited messages may result in account actions.

Like, Share, and Comment:

Users can engage with posts by liking, sharing, and commenting. Interactions should be constructive and respectful. Hate speech, bullying, or spamming comments are strictly prohibited.

Community Guidelines:

Prohibited Content:

Users must refrain from posting content that includes hate speech, discrimination, violence, explicit material, or any form of harassment. Violation of these guidelines may result in content removal and account actions.

Respect for Intellectual Property:

Users should respect intellectual property rights. Posting content that infringes on copyrights or trademarks is not allowed.

Reporting Inappropriate Content:

Users are encouraged to report any content that violates community guidelines. The platform has a reporting mechanism to address and review reported content promptly.

User Responsibility:

Account Security:

Users are responsible for maintaining the security of their accounts. Sharing login credentials or engaging in any activity that compromises account security is strictly prohibited.

Age Restriction:

Users must comply with the platform's age restrictions. Creating accounts for individuals below the minimum age of 13 is not allowed. You will be required to verify your date of birth in order to use the Social Feed.

Enforcement and Consequences:

Content Moderation:

The platform employs content moderation mechanisms to review and address reported content. Inappropriate content may be removed, and users may receive warnings or account actions based on the severity of violations.

Account Actions:

Repeated violations of community guidelines may result in account actions, including warnings, temporary suspensions, or permanent account termination. The severity of actions depends on the nature and frequency of violations.

User Content

The Platform may allow you to post, upload, or otherwise share content, including but not limited to text, photos, videos, and links ("User Content"). You retain all ownership rights in your User Content, but you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, publish, distribute, and display your User Content for the purpose of operating and promoting the Platform.

Prohibited User Content: You agree not to post, upload, or otherwise share any User Content that:

Infringes upon the copyright, trademark, or other intellectual property rights of any third party
Is defamatory, libelous, threatening, or harassing
Is pornographic, obscene, or sexually explicit
Encourages or promotes illegal activity
Violates the privacy or publicity rights of any third party
Is false or misleading

We reserve the right to remove any User Content that we determine, in our sole discretion, to be in violation of these terms.

Disclaimer of Warranties: The Platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform.

Limitation of Liability: We shall not be liable for any damages of any kind arising from the use of the Platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

User Feedback

We welcome your feedback and suggestions on how to improve the Platform. By submitting feedback or suggestions to us, you grant us a perpetual, irrevocable, royalty-free, and unrestricted license to use, reproduce, modify, publish, and distribute your feedback or suggestions for any purpose.

Blue Cube Subscription

By subscribing to Blue Cube, you agree to the terms and conditions outlined in this section.

Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle, unless you cancel prior to the renewal date.
Billing: Your subscription fee will be billed to the payment method you provided at the time of registration. Cubesnack partners with Stripe to process transactions.
Taxes: We are required to collect the necessary sales tax required by law. You may notice the tax amount in addition to the subscription charges on your purchase receipt.
Cancellation: You may cancel your subscription at any time by contacting our customer support team. If you cancel within the current billing cycle, your subscription will remain active till the end of the billing cycle and you will not be charged for the next billing cycle.
Refunds: Blue Cube subscription is non-refundable.
Changes to Terms: We reserve the right to change the terms and conditions outlined in this document at any time. If we make any material changes, we will notify you by email or through our website.
Contact Us: If you have any questions or concerns about our terms of use or Blue Cube subscription auto-renewal, please contact us at hello@cubesnack.com.

Returns, Refunds and Cancellations

You may define your own Refund Policies to your products, however, the Cubesnack Refund Policies for the applicable Cubesnack Site will apply to all Your Products under specific or all circumstances. You understand and acknowledge that you will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Cubesnack Refund Policies for the applicable Cubesnack Site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You commit to route any payments to customers in connection with Your Transactions through Cubesnack. Failing to do so may result in suspension or termination, and you may forfeit your pending balance (if any) that may be withheld by Cubesnack. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay.

Prohibited Items

Cubesnack is committed to ethical commerce and strict adherence to both state and federal laws. To ensure a secure and compliant marketplace, it is essential for Cubesnack Sellers to familiarize themselves with our comprehensive list of Prohibited Items.

Legal Compliance

Legal to Sell and Ship:

All items listed on Cubesnack must comply with federal, state, and local laws for both sale and shipment. This includes adherence to age restrictions, licensing requirements, and any other legal stipulations specific to the product or its category.

Lost or Stolen Items:

Any items reported as lost or stolen are strictly prohibited from being listed on Cubesnack. This policy aligns with our commitment to maintaining a marketplace that is free from illegal or suspicious activities.

Compliance with Partners

Regulatory Requirements:

Cubesnack complies with the regulations set forth by payment processors and other business partners. Sellers are expected to align their practices with these external regulatory requirements.

Violation Consequences

Terms of Service Violation:

Listing a prohibited item, whether intentional or unintentional, is considered a violation of Cubesnack's Terms of Service. Consequences for such violations may include account suspension or termination.

Listing Removal:

Cubesnack reserves the right to remove listings and cancel related transactions if it is determined that a listing violates our guidelines or is deemed inappropriate.

Prohibited Product Categories

Illegal Items:

Anything that violates laws or government regulations is strictly prohibited. This includes products that are illegal to sell or possess.

Drugs:

Prohibited items include illegal drugs, prescription medicines, drug-related tools or services, and items used to grow drugs.

FDA Restricted Items:

Prohibited items include food supplements, vitamins, and items making false health claims.

Stolen Goods:

Counterfeit goods, non-genuine items, and stolen goods are strictly prohibited.

Weapons:

Firearms, knives, explosives, and self-defense weapons are not allowed.

Alcohol and Tobacco Products:

Prohibited items include cigarettes, e-cigarettes, vaporizing instruments, and tobacco-related items.

Identity Theft Items:

Prohibited items include those related to identity theft, dropshipping, and sought objects.

Safety Hazard Items:

Flammable or hazardous items must be sent using the "ship on your own" option.

Copyright Violation Items:

Prohibited items include products facilitating copyright infringement, including mod chips.

Age-Restricted and Regulated Products:

Prohibited items include those requiring legal approval, seller/buyer registration, or licenses.

Gambling and Financial Products:

Prohibited items include gambling-related items and certain financial products.

Live Animals and Trafficked Materials:

Prohibited items include live animals, ivory, shark fins, and trafficked materials.

Malicious Software and Computer Viruses:

Items containing viruses, malware, or spyware are not allowed.

Explicit and Offensive Items:

Prohibited items include sexually explicit items, offensive content, and items promoting hatred or discrimination.

Cubesnack reserves the right to remove any item at its discretion. For any questions or clarifications, feel free to contact our support team at sellersupport@cubesnack.com. Your commitment to a lawful and secure marketplace is highly appreciated. Thank you for being a responsible member of Cubesnack.

Termination

We reserve the right to terminate your access to the Platform at any time or remove your content, without notice, for any reason, including but not limited to your breach of these Terms.

Changes to These Terms

We reserve the right to modify these Terms at any time. Any changes to these Terms will be effective immediately upon posting. Your continued use of the Platform after any changes are made will constitute your acceptance of the revised Terms.

Contact Us

If you have any questions or concerns about these Terms or the Platform, please contact us at legal@cubesnack.com