November 2022
These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Cubework Marketplace Services" or "Services") provided by Cubework.com, Inc. ("Cubework") and/or Cubework Marketplace, Inc. ("Cubework Marketplace"), (both individually and collectively, "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 19 AND 20, WHICH REQUIRE THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 15.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
From time to time Cubework Marketplace introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
To contact Cubework Marketplace regarding the Services or your account, please visit the Contact Us Page where we will ask for certain information that will allow us to effectively respond to your message. Alternately, you can submit general inquiries regarding these Terms or our Services to shop.marketplace@cubework.com.
1. Privacy
This privacy policy describes the personal data (defined below) that Cubework.com, Inc. and its affiliates ("CUBEWORK", "we", "us" and/or "our") collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data. Your privacy and the security of your personal data matters to us, so please get to know our privacy practices and contact us should you have any questions about your personal data.
If CUBEWORK products collect information about you(e.g., as an employee of a CUBEWORK customer), please note that this privacy policy covers only those instances when the purposes and means of processing your personal data are determined by us (e.g., when we are a "controller" as defined by the GDPR). It therefore does not apply to any of your personal data which we may process on behalf of our customers (e.g., when we are a "processor" as defined by the GDPR). Please therefore directly contact the relevant controller (e.g., your employer, if you are an employee of a CUBEWORK customer) for more information about their privacy practices.
If you are a California (USA) Resident: We have not sold personal information, as "sell" and "personal information" are defined under the California Consumer Privacy Act of 2018, in the preceding 12 months.
A.COLLECTION AND USE OF PERSONAL DATA
Personal Data. "Personal data" is any information that relates to an identified or identifiable individual. CUBEWORK may collect a variety of personal data about you in a number of ways:
- Personal data you provide directly. We may collect personal data that you provide directly, such as when you access our website, create a user account with us, register our products, or otherwise give us your name, email address, etc. You may also choose to submit personal data to us via other methods. E.g., in response to marketing or other communications; through social media or online forums; through participation in an offer, program or promotion; in connection with an actual or potential business relationship with us; or by giving us your business card or contact details at trade shows or other events. When you contact CUBEWORK, we may also keep a record of your communication to better support you in the future. From time to time, we may offer referral programs to refer prospective customers to us. Please refer a prospective customer and provide their personal data to us only if you have their permission. If you later find out you did not have such consent, please inform us as soon as possible.
- Personal data we collect automatically. We may automatically collect information about how you use and engage with our business (e.g., via our websites and/or applications), products and/or services over time, and some of this may be personal data. In addition, we may use cookies and other technologies to function effectively. For more information, please refer to the "Cookies and Similar Technologies" section of this privacy policy below.
- Personal data we collect from other sources. As mentioned above, we may receive your personal data via a referral. In addition, we may supplement other personal data we have collected with information from third parties or other publicly available sources. If the products and/or services you use are offered by one of our partners and you registered with such a partner, we may also receive your personal data from them. If applicable, you should also therefore carefully review our partner's privacy policy, which may have different terms.
Categories of personal data we typically collect. Depending on your interaction with our business, we may collect:
- Personal identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, government-issued identifiers, email address, phone number, account name, or other similar identifiers.
- Internet activity information such as Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the web page that directed you to our services, the date and time of your visit, information about how you engage with us (e.g., the links or buttons you click and pages you view of our website or applications), whether an email was opened, and other standard server log information.
- Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consumption histories or tendencies.
- Professional information, such as your title.
How we use personal data we collect. We collect, use, and store your personal data for the reasons set out below.
Where the processing is necessary for us to administer our relationship with you. For example:
- creating and administering orders for you (including, if necessary, processing payments)
- registering, maintaining and managing your account (e.g., email preferences) or for interacting with our business (e.g., via our website, telephone, video conferencing and/or email)
- providing you with support and responding to your queries, feedback, claims and/or disputes
- when visiting our offices or attending events
Where necessary for CUBEWORK's legitimate interests, and where our interests are not overridden by your data protection rights. For example:
- developing product or service features or functionalities, including when you give us feature feedback and suggestions
- managing and improving our website, systems and infrastructure
- identifying, developing, and marketing products and services that we believe will interest you
- communicating with you regarding our business, products and services, including promotional offers and suggested products, services, or new features or functionalities which may be of interest to you
- protecting the security of our premises, assets, systems, customers, customer end users, and intellectual property and enforcing company policies
- undertaking mergers, acquisitions, reorganizations, or disposals, as permitted/required in accordance with local law
- protecting our legitimate business interests and legal rights, including use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements
Where necessary to comply with a legal obligation. For example
- tax law and similar obligations (e.g., tax and national insurance reporting, filing and withholding)
- responding to court orders, subpoenas or other legal processes with which CUBEWORK is required to comply
- complying with legal, regulatory and other requirements
We may provide you with more specific notices for some of the processing described above and, if we require your consent, will ask for this at the appropriate time.
To the extent that we process any special categories of personal data relating to you, we will do so because: (i) the data has been manifestly made public; (ii) the processing is necessary for the establishment, exercise or defense of a legal claim; (iii) the processing is necessary for reasons of substantial public interest; and/or (iv) you have given your explicit consent to us to process that information (where legally permissible).
B. COOKIES AND SIMILAR TECHNOLOGIES
Some personal data may be collected by us or our partners through cookies, pixel tags, or software development kits ("SDKs"), and other similar technologies for a variety of purposes. E.g., for analyzing trends, administering our website and your communications with us, tracking users’ movement and behavior on our website, gathering information about our user base (such as location information on IP addresses, displaying advertising on our websites, and to manage our advertising on other sites). Cookies, used by most websites, are text files stored on a user's browser containing information about the user (e.g., information about devices and networks used to access our website). Pixel tags (also known as "web beacons" or "clear GIFs") are very small images or small pieces of data embedded in images that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, whether an email was viewed, and similar information from your computer or device. SDKs are computer code that mobile app developers can include in their apps to enable data to be collected and related functionalities to be implemented. To learn more about the cookies that may be served on our website and services, and how you can control our use of cookies and third-party analytics, please read and review our Cookie Policy.
C. TRANSFER AND DISCLOSURE OF PERSONAL DATA
Protecting your personal data is important to us and we neither rent nor sell your personal data to anyone. We may, however, disclose or transfer your personal data in certain circumstances, including:
- to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
- to our subsidiaries, affiliates, agents, contractors, service providers and other third parties we use to support our business and/or collaborate with (e.g., email service providers, teleconference service providers, and data storage and collaboration service providers); provided always, they are bound by contractual obligations to keep such personal data confidential and only use it for the purposes of providing the services for, or with, us based upon your chosen settings, configurations, and/or purchases;
- to comply with any court order, law or legal process, including to respond to any government or regulatory request;
- to enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services;
- to protect the rights, property or security of CUBEWORK, our employees, our users and/or others.
- Please note that some of our products and services may be offered jointly with partners. If you register with our partner, CUBEWORK may also receive your personal data from them, and CUBEWORK may share your personal data with our partners for these joint offerings. If applicable, you should also therefore carefully review our partner’s privacy policy, which may have different terms.
D. ONWARD TRANSFER OF PERSONAL DATA
To facilitate our global operations, and in accordance with applicable laws, we may transfer your personal data to, and access your personal data from, our offices, subsidiaries, affiliates and service providers in the various countries in which we or they operate (including the United States of America). This may be to a country other than the one in which it was provided or collected. When we transfer your personal data, we do so in compliance with applicable data protection laws. We take steps to protect personal data in whatever country it is stored in, transferred to or accessed from. You may request additional information, including in respect of transfer mechanisms by exercising your rights as set out below.
Where CUBEWORK is unable to rely on an adequacy decision for the purposes of the GDPR, we rely on other transfer mechanisms. For example, to comply with applicable data protection laws around international data transfer mechanisms from the European Union or the United Kingdom to the United States, we have entered into European Commission approved Standard Contractual Clauses ("SCCs") and routinely review whether and which additional safeguards to offer to provide adequate protection.
CUBEWORK further remains self-certified under the EU-US and Swiss-US Privacy Shield Frameworks, which were developed specifically to establish a way for companies to comply with data protection requirements when transferring personal data from Europe to the United States. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov:
Regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and Switzerland to the United States, CUBEWORK complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set by the U.S. Department of Commerce. CUBEWORK has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall apply.
All personal data that is subject to this privacy policy and is received from individuals who are resident in the European Union, the United Kingdom, and Switzerland is covered by CUBEWORK’s participation in the Privacy Shield unless governed by another adequate transfer mechanism as detailed herein. CUBEWORK will comply with the Privacy Shield Principles in respect of such personal data.
CUBEWORK is accountable for personal data received under the Privacy Shield and subsequently transferred to a third party as described in the Privacy Shield Principles located at https://www.privacyshield.gov/EU-US-Framework. Pursuant to the Privacy Shield, CUBEWORK remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.
CUBEWORK commits to resolve complaints about your privacy and our collection or use of your personal data as per the EU-U.S. and Swiss-U.S. Privacy Shield Principles. European Union, United Kingdom or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact us using the contact information below.
CUBEWORK has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.
As further explained in the Privacy Shield Principles, a binding arbitration option is also available to you in order to address residual complaints not resolved by any other means. CUBEWORK is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
E. SECURITY
We are committed to keeping personal data secure, and we have implemented contractual, technical and organizational measures to protect personal data against its unauthorized access, use, and disclosure. Such measures have been implemented taking into account the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of the personal data. When we provide your personal data to third parties, including service providers, we require those companies to protect the personal data they receive and not to use the personal data for any purpose other than providing the required services.
Nevertheless, although we have tried to make our products and services secure and reliable, the confidentiality of any communication or material transmitted to or from us cannot be guaranteed. We therefore urge you to exercise caution when conveying any personal data over the Internet. As when disclosing any information on the Internet, you should remain mindful that such information might be accessible by the public and, consequently, may be collected and used by others without your consent. You should also recognize that your use of the Internet and any other means of communication with us is solely at your own risk.
F. THIRD PARTY WEBSITES AND FEATURES
As a convenience to you, CUBEWORK may provide links from our websites, products and/or services to other websites maintained by independent third parties. We are not responsible for the privacy practices of independent third parties. We encourage you to be aware of when you leave this website, and to read the privacy policies of any other websites that you may visit.
Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
G. HOW LONG DO WE STORE YOUR DATA?
Personal data is maintained on our servers or those of our service providers and is accessible by authorized employees, representatives, agents, and service providers who require access for the purposes described herein. We will retain personal data only for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
H. OUR POLICY TOWARD MINORS
Our website, products and services are not directed to minors under 16 and we do not knowingly collect personal data from minors. If we learn that we have collected personal data of a minor under 16 we will take steps to delete such information from our files as soon as possible.
I. DATA PROTECTION RIGHTS, AND HOW TO EXERCISE
You may have a right to access and to obtain a copy of your personal data as processed by CUBEWORK. If you believe that any personal data we hold about you is incorrect or incomplete, you may also request the correction of it.
You may also have the right to:
- object to the processing of your personal data;
- request the deletion of your personal data;
- request a restriction on the processing of your personal data;
- withdraw your consent where CUBEWORK obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).
CUBEWORK will honor such requests for access, correction, deletion or restriction and/or any withdrawal or objection as required under the applicable data protection laws and regulations (including the GDPR). However, please note that such rights are not absolute: they do not always apply, and exemptions may be applicable (e.g., such exemptions noted in CCPA §1798.105 or in Chapter III of the EU GDPR). CUBEWORK may, in response to any such request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we do not comply with your request, we will explain why.
You may exercise any of your rights in this section without discrimination by us. We will not deny you products or services, charge different prices or rates, or provide a different level or quality of products or services based on your exercise of any rights in this section, unless the difference is reasonably related to the value provided by your data.
To exercise the above rights with CUBEWORK, you may send an email to shop.marketplace@cubework.com. You can also raise any concerns by contacting our Data Protection Officer at shop.marketplace@cubework.com.
If you are not satisfied with our response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. The contact details of each Data Protection Authority in the EU can be found at the following website:http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm. You may contact us if you require assistance finding contact information for Data Protection Authorities outside of the EU.
As highlighted above: if you are personnel of a customer that uses CUBEWORK products or services, otherwise have had your personal data collected via CUBEWORK products or services by or on behalf of our customers, please note this privacy policy does not apply to such personal data. Please therefore refer to such applicable party who has ordered CUBEWORK products or services if you wish to exercise your rights.
J. DATA PROTECTION OFFICER
To communicate with our Data Protection Officer, please email all requests to shop.marketplace@cubework.com.
K. CHANGES AND OTHER UPDATES
We may amend our privacy policy from time to time to reflect changes in our practices, technologies, legal requirements and other factors. We therefore encourage you to revisit this page periodically to read the current version of it to stay informed about our collection, processing and sharing of your personal data. Please note should we amend our privacy policy we will update the "updated" date at the bottom of this privacy policy.
L. CONTACT US
If you have any questions regarding this privacy policy or our privacy practices or would like to review or update your personal data, you may email us at shop.marketplace@cubework.com. You can also contact us by writing to us at the following address:
900 Turnbull Canyon Rd
City of Industry, CA 91745
2. Eligibility
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Cubework Marketplace Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Cubework Marketplace Services and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
3. User Accounts and Account Security
You may need to register for a Cubework Marketplace account with Cubework Marketplace to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for a Cubework Marketplace account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Cubework Marketplace account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
4. The Cubework Marketplace Services
A. Posting Items
The Cubework Marketplace Services allow you to post items for sale by uploading pictures and providing item descriptions. You can post most items through the Services without charge. Cubework Marketplace charges a fee to post some items or if you exceed your available free posts for certain types of items unless within the Promo period, which will end based on the sole discretion of Cubework Marketplace. If there is a fee to post your item, Cubework Marketplace will notify you through the Services before you post your item. You may also promote your items for a fee. If you pay to promote your item, Cubework Marketplace will post your item more prominently and frequently within the Services home feed. Promoted items are also identified within the feed. Cubework offers various pricing packages, including subscriptions, to post and promote items. Pricing details are provided through the Cubework Marketplace Services.
B. Buying and Selling
When a buyer and vendor agree on a price for an item posted for sale on the Services, they have different options for completing the transaction.
If a buyer and you, the vendor (also referred to as a "user" in the Terms), agree, items may be paid for outside of the Cubework Marketplace Services, such as by cash, check or other payment method agreed upon. Such payments are made directly between the buyer and the vendor when they complete their transaction, pursuant to terms that they determine. Cubework Marketplace is not a party to such transactions, does not facilitate such transactions, cannot in any manner assist with refunds or returns related to such transactions, and in no way shall be liable or responsible for anything related to such transactions.
C. Taxes
You, the vendor, are solely responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
D. Shipping
Cubework Marketplace permits vendors to post certain items as being available for shipping nationwide (within the contiguous United States). It is the sole responsibility of the vendor to set up the terms of shipping with the buyer, which is agreed upon by both the vendor and the buyer.
Buyers who have requested that items be shipped to them are responsible for paying for the cost of shipping the items. A vendor may accept a buyer's offer to purchase an item and have it shipped to them. Buyers can cancel an offer to purchase an item for shipping up until the vendor has accepted the offer. Cubework Marketplace does not have any responsibility for the shipping agreement made between vendor and buyer.
Cubework Marketplace is not a party to transactions conducted between buyers and vendors, or to the shipping of items from vendors to buyers. Cubework Marketplace is not liable for any losses, damages, or delays related to shipping.
5. User Consent
Our Services allow you and other users to create, post, store and share content, including, but not limited to, messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license that you grant below, you retain all rights in and to your User Content, as between you and Cubework Marketplace.
You grant Cubework Marketplace a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your
Our Services allow you and other users to create, post, store and share content, including, but not limited to, messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license that you grant below, you retain all rights in and to your User Content, as between you and Cubework Marketplace.
You grant Cubework Marketplace a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your
User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Cubework Marketplace Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Cubework Marketplace uses third parties to provide services such as user verification and the Cubework Marketplace Payment Solution. When you provide User Content in connection with these third party tools, you may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Cubework Marketplace Services any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Is, in Cubework Marketplace's sole judgment, disrespectful, inappropriate, or may expose Cubework Marketplace, our users or others to harm or liability;
- May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- Includes any statements or claims that do not reflect your honest views and experiences;
- Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
- Contains any private information of any third parties, including addresses, phone numbers and payment card information;
- Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
Cubework Marketplace assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Cubework Marketplace has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
6. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Sell, resell or commercially use the Cubework Marketplace Services except as expressly permitted by us;
- Sell or offer for anything that violates our Prohibited Item Guidelines in Section 23;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Provide false, inaccurate or misleading information to Cubework Marketplace or our service providers, including when registering for a Cubework Marketplace account;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Develop or use any third-party applications that interact with the Cubework Marketplace Services without Cubework Marketplace's prior written consent;
- Use any type of automated means to utilize the Cubework Marketplace Services or to collect or extract data from Cubework Marketplace, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Cubework Marketplace;
- Use the Cubework Marketplace Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Cubework Marketplace).
You will establish and use your Cubework Marketplace account only in accordance with any policies issued by Cubework Marketplace. Without limiting the forgoing, you will not:
- Create more than one account;
- Transfer your account to another user;
- Attempt to obtain the password, account information, or other security information of another user;
- Attempt to use another user's account without authorization from that user and Cubework Marketplace.
If you engage in any of the conduct described above or similar conduct, Cubework Marketplace may suspend or terminate your right to access the Services. Enforcement of this Section 6 is solely at Cubework Marketplace's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
7. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Cubework Marketplace or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.
8. Suspension; Termination
Cubework Marketplace may revoke or terminate your License to access or use the Cubework Marketplace Services for any reason without notice and at Cubework Marketplace's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Cubework Marketplace Services, or any other Cubework Marketplace product or service, or (iii) use the Cubework Marketplace Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Cubework Marketplace Services immediately if Cubework Marketplace suspends or terminates your License to access or use the Cubework Marketplace Services. Cubework Marketplace reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Cubework Marketplace Services during suspension or after termination. Cubework Marketplace may recover its reasonable attorneys' fees and costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Cubework Marketplace Services is suspended and after it is terminated.
9. Trademarks
Cubework Marketplace, marketplace.cubework.com, and the "CUBEWORK MARKETPLACE" logo, are registered trademarks of Cubework.com, Inc. and may not be copied, imitated or used, in whole or in part, without our express prior written permission. In addition, our products, service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names and company names and logos mentioned on the Cubework Marketplace Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
10. Copyright & Intellectual Property Complaints
You may report alleged intellectual property rights violations or counterfeit items to Cubework Marketplace by emailing shop.marketplace@cubework.com.
Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Cubework.com, Inc. at shop.marketplace@cubework.com.
11. Third Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Cubework Marketplace does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
12. Indemnification
To the fullest extent permitted by applicable law, you will, reimburse, indemnify, defend and hold harmless Cubework Marketplace and our subsidiaries and affiliates and Cubework Marketplace’s and each of our subsidiaries’ and affiliates present, former, and future officers, directors, agents, partners, representatives and employees (individually and collectively, the "Cubework Marketplace Parties") from and against any and all losses, liabilities, claims, actions, demands, damages, settlements, expenses and costs (including attorneys’ fees),and penalties ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or User Product Reviews; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) your conduct in connection with the Services. You agree to promptly notify Cubework Marketplace of any third-party Claims, cooperate with the Cubework Marketplace Parties whether they or you are defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Cubework Marketplace Parties will have control of the defense and/or settlement, at Cubework Marketplace's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cubework Marketplace or the other Cubework Marketplace Parties.
13. Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Cubework Marketplace does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
14. Limitation of Liability
To the fullest extent permitted by applicable law, Cubework Marketplace and the other Cubework Marketplace Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, punitive, exemplary, multiple, or special damages or lost profits or revenues, even if Cubework Marketplace or the other Cubework Marketplace Parties have been advised of the possibility of such damages and even if such damages were reasonably foreseeable.
The total liability of Cubework Marketplace and the other Cubework Marketplace Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Cubework Marketplace or the other Cubework Marketplace Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
15. Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION THAT USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH CUBEWORK MARKETPLACE'S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, CUBEWORK MARKETPLACE DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 16-19 OF THESE TERMS.
16. Release
To the fullest extent permitted by applicable law, you release Cubework Marketplace and the other Cubework Marketplace Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, and intentional misconduct), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
17. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
18. Guidelines for Law Enforcement Agency
If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law. Please contact shop.marketplace@cubework.com.
19. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Cubework Marketplace and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Cubework Marketplace agree that any dispute arising out of or related to these Terms or our Services is personal to you and Cubework Marketplace, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Cubework Marketplace related to taxes collected and remitted in good faith efforts in compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the vendor or applicable state and local tax authority as permitted by law.
Arbitration of Disputes.Except for small claims disputes in which you or Cubework Marketplace seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Cubework Marketplace seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property,you and Cubework Marketplace waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Cubework Marketplace or relating in any way to the Services, you agree to first contact Cubework Marketplace and attempt to resolve the claim informally by sending a written notice of your claim (" Notice ") to Cubework Marketplace by email at shop.marketplace@cubework.com or by certified mail addressed to Cubework.com, Inc., Attn: Cubework Marketplace Designated Agent, 900 Turnbull Canyon Rd, City of Industry, CA 91745.
The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for a Cubework Marketplace account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Cubework Marketplace cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles County, California unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 19, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000, or if JAMS and/or the arbitrator decide to have the arbitration conducted telephonically or via video conference. You and Cubework Marketplace agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Cubework Marketplace agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1,et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Cubework Marketplace, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Payment of JAMS fees, costs and expenses (including, but not limited to, as applicable, JAMS filing fees, JAMS Arbitration fees and arbitrator compensation and expenses) shall be in accordance with the JAMS Rules. You and Cubework Marketplace agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Cubework Marketplace will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by emailing Cubework Marketplace at shop.marketplace@cubework.com.
In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 20.
If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 19 will be enforceable. If you are a consumer, the provisions of this Section 19 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.
20. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.
21. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
22. Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Cubework Marketplace to exercise or enforce any right or provision of these Terms or under the law will not operate as a waiver of such right or provision, or any such future waiver. Cubework Marketplace’s failure to require strict compliance with any provision of the Terms shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of the Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms, including as we may amend them from time to time, supersede all prior oral and written agreements and understandings between the parties with respect to the subject matter herein. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between you and us may be conducted electronically. Cubework Marketplace is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Cubework Marketplace.
23. Prohibited Item Guidelines
Although most things can be sold on Cubework Marketplace, certain items aren't allowed. Some present legal risks or may pose health and safety issues. We've also chosen not to allow items that we feel are inappropriate for our community or could be considered offensive.
Before posting your items, please read the guidelines below to ensure that they may be sold on Cubework Marketplace. Cubework Marketplace may, in its sole discretion, make exceptions to these rules for certain verified vendors.
The following items are not allowed for sale:
- Alcohol, drugs & tobacco
- Adult & mature content
- Animals
- Wildlife products
- Counterfeit and replica items
- Dangerous items
- Recalls & product warnings
- Misleading claims
- Food items
- Gift cards
- Illegal items or encouraging illegal activit
- Intangible items
- Medical & healthcare items
- Offensive materials
- Cultural items
Alcohol, drugs & tobacco
Alcohol, drugs, tobacco, and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can't enforce these laws and regulations, we don't allow these items for sale, including:
- Alcohol
- Prescription drugs
- Drugs, narcotics, or controlled substances (even those that are legal in some states)
- Items marketed for the purpose of intoxication
- Drug paraphernalia such as bongs, vaporizers, and pipes
- Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories
- Cannabis and cannabis-derived products, such as CBD
- Growing or cultivation equipment for cannabis and cannabis-derived products
Adult & mature content
Cubework Marketplace strives to be an open marketplace but understands that not all people want to see explicit sexual content. Items intended for adult use or that contain explicit sexual content are not allowed on Cubework Marketplace, such as:
- Explicit sexual content or nudity
- Pornography
- Adult toys
Animals, Wildlife & Wildlife Products
You may post many types of animal products. However, live animals, wildlife and wildlife products that were sourced illegally or are being traded in contravention of any law are never allowed. If you are uncertain about what this means, then please contact Cubework Marketplace at shop.marketplace@cubework.com for examples and/or so that Cubework Marketplace can advise if a specific item is or is not allowed.
Counterfeit or replica items
The sale of bootlegs, counterfeits, fakes, and unauthorized or pirated copies of items is illegal and not allowed on Cubework Marketplace, including:
- Counterfeits, fakes, and replicas of brand-name items, including items "inspired" by a brand without permission of the owner
- Bootlegged or unauthorized recordings
- Pirated copies of any copyrighted materials
- Use of a trademark or other implied affiliation with a brand
Dangerous items
Items that pose health and safety concerns or that are regulated or illegal are not allowed on Cubework Marketplace. These include, but are not limited to:
- Firearms, no exceptions
- Knives primarily used as weapons or for self-defense. Note: Cutlery, kitchen, and utility knives are generally permitted
- Mace, pepper spray, bear spray, tasers, and other weapons used to subdue humans or animals
- Batons, billyclubs, brass knuckles, or similar weapons used for striking a person or animal
- Paintball guns, BB guns, guns that fire blanks, Airsoft Guns, and all related ammunition and accessories
- Sporting or hunting weapons such as bows and arrows, crossbows, archery items, including historical or cultural items such as arrowheads
- Swords, if sharpened or functional. Note: Decorative blunt swords are generally permitted
- Weapon parts and accessories, including any item that attaches to a firearm, ammunition, bullets, clips, arrows, and bolts
- Regulated chemicals, poisons, or substances
- New or used airbags sold separately from a vehicle
- Hazardous materials such as:
- Items deemed to pose significant health or safety risks to others
- Items used to incite violence
- Gun manufacturing mills or production units
- Recalled items (see below)
Recalls & product warnings
Recalls
Items that are subject to a recall, typically because they are deemed unsafe or defective by federal regulators or manufacturers, are not allowed on Cubework Marketplace. We encourage you to be mindful of the U.S. CPSC list of recalls. Cubework Marketplace is not responsible for checking for recalls, but, if you sell recalled items, we, nonetheless, may find you to be in violation of our Prohibited Conduct section of the Terms, as well as in noncompliance with these Prohibited Items Guidelines.
Product warnings
Some items may not be subject to a formal recall, but due to certain safety issues presented by the item, a safety warning or notice is issued by the manufacturer to alert consumers to those issues. Buyers and vendors should be mindful of items subject to safety warnings, and vendors should not sell items subject to such safety warnings. Cubework Marketplace is not responsible for checking for safety warnings or notices, but, if you sell items subject to safety warnings, we, nonetheless, may find you to be in violation of our Prohibited Conduct section of the Terms, as well as in noncompliance with these Prohibited Items Guidelines.
Misleading claims
Some consumer products are regulated by federal agencies or organizations in order to protect the public against unreasonable risks of injury or death. While some of these products are allowed on Cubework Marketplace, we cannot verify the guarantees or certifications of safety provided by these agencies.
Therefore, certain posts that claim that an item has been endorsed or certified by a federal agency or organization for safety, and that agency states to Cubework Marketplace that they don’t provide such an endorsement or certification, are not allowed.
Food items
The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. Because we can't enforce these restrictions, prepared food is not allowed. Examples:
- Most perishable goods, including meat, seafood, dairy, and cut fruits or vegetables
- Homemade shelf products, such as jams, jellies, and pickles
- Homemade meals or baked goods
- Eggs sold outside of the vendor’s farm
- Baby formula
Exceptions to this policy include:
- Whole, uncut fruits and vegetables
- Eggs sold directly on the vendor’s farm
- Unopened and packaged commercially sold food goods (canned soup, packages of cookies, etc.) as long as the packaging has not been tampered with and the items are sold before their expiration date
Gift cards
Gift cards and reloadable cards are not allowed.
Illegal items or encouraging illegal activity
Any item that is illegal or that encourages illegal activity is not allowed on Cubework Marketplace, including, but not limited to:
- Offers to trade for illegal goods
- Offers to trade for items defined as prohibited on Cubework Marketplace
- Items with sensitive information such as IDs, passports, and social security cards
- Fake or forged documents (such as licenses, IDs, diplomas, and government-issued documents)
- Items received through Government Assistance
- Police badges or security uniforms
- Locked phones or devices, for example blacklisted, activation, iCloud or similar locks
- Current vehicle license plates or plates that were valid in the last 5 years
- License plate tags
- Cars without titles
- Stolen or found goods
- Catalytic converters
- Rideshare signs
- TV streaming devices
- Canisters or cylinders of pressurized gas (such as CO2 or nitrous oxide)
Intangible Items
Cubework Marketplace is intended for the sale of individual, tangible items. Items must exist and be available for immediate sale. Examples of things that are not allowed include:
- Services for intangible items such as dog walking, babysitting, and IT support
- Advertisements
- Links to or information about flea markets, yard sales, and garage sales
- URLs, links, or redirecting to other websites
- Rentals and timeshares
- Multi-level marketing schemes and related promotional materials
- Job postings
- Lost pet ads
- Wanted ads
- Solicitations
- Digital account transfers, digital goods, non-fungible tokens (NFTs)
- Invites, referral codes, or discount codes for apps or websites
- Items planned for future purchase from another retailer, wholesaler, distributor, or manufacturer
- Items of unknown contents such as "mystery boxes" or "grab bags"
- Items where the photo does not match the title or description
- eBooks
Medical & healthcare items
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale on Cubework Marketplace, including, but not limited to:
- Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
- Ventilators and other respiratory equipment
- Cannabis and cannabis-derived products, such as CBD
- Pills, vitamins, and supplements
- Contact lenses
- Used cosmetics
- Used makeup sponges and applicators
- Needles and items containing needles (such as syringes or tattoo equipment)
- Listings that claim the item can diagnose, cure, mitigate, treat, or prevent a disease or viruses, including COVID-19 (coronavirus)
- Any post related to administering vaccinations, including access to, proof of, or a physical item.
Posting any of the prohibited vaccine items mentioned above may result in the immediate removal of your account.
Offensive materials
Posts that contain foul language or that promote hatred, violence, or discrimination are not allowed. This includes, but is not limited to, posts that support hate or discrimination toward others based on age, race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, or items that promote or glorify organizations with such views. Examples:
- Posts containing racial slurs
- Posts promoting intolerance or discrimination
- Items that promote, support, or commemorate groups with views of hatred or intolerance (for example Nazi, Neo-Nazi, KKK groups, Proud Boys, QAnon, Antifa, or the Boogaloo movement)
- Items that depict or glorify violence against people or animals
- Items that reflect people of color through offensive or dehumanizing caricatures, including historic, antique, or memorabilia items
Cultural items
We may prohibit certain cultural or historical artifacts, objects, or memorabilia. Examples of things that are not allowed include, but are not limited to:
- Items that reflect people of color through offensive or dehumanizing caricatures, including historic, antique, or memorabilia items
- Any item that violates the Indian Arts and Crafts Act by falsely suggesting it is: (1) produced by Native Americans or American Indians; and/or (2) the product of a particular tribe or tribal arts and crafts organization within the United States.
- Native American, Alaska Native, American Indian cultural or ceremonial items, such as grave markers, human remains, ceremonial masks, and prayer sticks.
Non-compliance
Posts that violate any of our guidelines, policies, or Terms may be removed at our sole discretion. Additional actions may be taken, including, but not limited to, for severe or repeat offenses.