This Agreement is formed between you and Cue Point Technology Ltd of 51 Beauchamp Avenue, Leamington Spa, England, CV32 5TB, UK with Company Number: 13279487 (hereinafter “Cue Point Technology Ltd”, “we”, “us” or “our”).
Cue Points refers to the services and programs offered by Cue Point Technology Ltd under the domains operated by the Cue Point Technology Ltd (www.cuepoints.com).
Cue Points is available in three variations: a) as a free version which allows users to test Cue Points with restricted export and saving functionality as well as open Cue Points files from basic and pro users; b) as a basic version with essential functionality; c) as a pro version with additional advanced features.
The fees for purchasing Cue Points are listed in the licence overview on the Cue Points website and are binding. These fees are due immediately upon invoicing for the entire term and can be paid with the indicated payment procedure. Cue Point Technology Ltd may send invoices and payment reminders via email. If payment for a fee cannot be obtained, then you will bear all the resulting costs.
Grant of Licence and your Use of Cue Points
Cue Points may only be used within the framework of the offered possibilities. All other uses require the prior, written approval of Cue Point Technology Ltd.
With Cue Points, Cue Point Technology Ltd is providing a technical application for content exchange and user cooperation. There is no content-related involvement on the part of Cue Point Technology Ltd and we do not claim any ownership rights in your content. However by uploading, streaming, emailing or otherwise transmitting any content to Cue Points, you grant us the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the content for the purpose of providing the service.
You accept that a 100% fail-proof provision of applications is not possible and that the availability of Cue Points and our website can be hindered by events of an internal (e.g., maintenance work, security interest) and external (e.g., power and network outages) causes. However, we attempt to achieve the highest possible system stability and constant availability for the offered services.
Cue Points, all of the elements it contains and all associated content – with the exception of your content – belongs to Cue Point Technology Ltd. All copyrights and other intellectual property rights, regardless of their form, will remain with Cue Point Technology Ltd and our licensor`s at all times. We retain the right to implement modifications to the offered services and other services.
Rights and Obligations of the User
You may use Cue Points for your own purposes (“use” means accessing and executing the offered services and programs).
Completion of the download or purchase process signifies a proposal on your part to conclude an agreement regarding the use of Cue Points. Cue Point Technology Ltd will accept this proposal by providing you access to the chosen licence. This acceptance will mean that the agreement between you and Cue Point Technology Ltd has been made.
When purchasing, we recommend that you keep your licence key secret in order to prevent misuse. Please note that you are responsible for your activities when using Cue Points and that you are obligated to comply with the laws valid in your country for the entire time that you are using Cue Points , especially when configuring content and communicating with other users. Any responsibility for said actions on the part of Cue Point Technology Ltd is excluded.
In addition, you are not allowed to:
- Use content that is pornographic, vulgar, obscene, abusive, hurtful, slanderous, pestering, threatening, hateful, racist or in any other way objectionable;
- Bother other users with mass content (especially SPAM).
- Furthermore, all users are not allowed to do the following:
- Rent, lease, sublicense, lend, sell, transfer, copy, modify, adapt, connect to other programs, translate, convert to a different programming language, conduct reverse engineering of the various manufacturing steps of the software, decompile or create derived works of Cue Points or elements of Cue Points either by yourself or through third parties, unless this is expressly permitted in this agreement or by applicable laws.
- Copy or conduct trade with Cue Points or elements of Cue Points in any way or allow third parties to do this, unless this is expressly permitted in this agreement.
- Activate Cue Points or elements of Cue Points with mechanisms, scripts or other software (e.g., robots or crawlers) that are not necessary for proper use of the platform. However, this does not impact the use of interfaces and software that Cue Points provides for programmatic access (e.g., APIs).
- Conduct any activities that negatively impact or excessively strain the function and/or infrastructure of Cue Points .
If you notice that other users are using Cue Points in an illegal or non-contractual and improper manner, then you should notify us immediately.
Term and Cancellation
The reader version can be canceled at any time by the user without an indication of reasons. After the cancellation, all content published by you may be deleted by us.
The paid services are offered within the framework of a subscription. The booked minimum period of use is automatically extended by a the same amount of time if you do not cancel your subscription in due time. If you wish to cancel the services during your current subscription period, you can do so without an indication of reasons by contacting us. Once you have canceled your subscription, all content published by you will be deleted within 24 hours of your cancellation taking effect and Cue Point Technology Ltd.
Cue Point Technology Ltd, in its sole discretion, has the right to cancel the free service for any reason, at any time. In the event of such a cancellation, we will make a reasonable effort to provide the user with a copy of their uploaded content, upon request, unless it was determined there was a compelling reason for cancellation.
Both you and us are entitled to cancel the Services for a compelling reason including the free as well as the paid services. A compelling reason exists when continuation of the contractual relationship cannot be expected from when taking into account all the circumstances of the individual case and under consideration of both parties’ interests. Compelling reasons exist in particular when: a) a user does not comply with legal requirements; b) a user violates the provisions of this agreement; c) a user harms other users or the platform. If a compelling reason exists, Cue Point Technology Ltd is entitled, in addition to the cancellation, to warn the user, delete the user’s contents and block the user’s access. The user’s claim to reimbursement of fees paid in case of a termination based on compelling reason lapses.
If you are a customer, you may request a refund of your order for any reason within 14 calendar days. This however does not apply if you have used or activate Cue Points or if you receive the download link or file for Cue Points and you have given your consent to waive your right to cancel on receipt of the download link. To exercise your right to a refund please email us. If exercise the above right to a refund, you will be refunded within 14 calendar days of giving the refund notice.
If you are a business customer your rights of refund under these Terms do not apply in the event that you download, activate or use the Software. If you require more information on your rights, you should contact us.
Our liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall be limited to the price payable for Cue Points which are the subject of that order. If you are a consumer in addition to our liability above we will also be liable to you for losses that you suffer which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time of Acceptance. In no case shall we be liable for incidental, indirect, or consequential damages; or any loss of income, revenue, profits, contracts, data, goodwill or savings. Subject to any express provisions to the contrary set out in these Terms, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded.
In no case do we seek to exclude our liability for death or personal injury caused by our negligence (or that of our employees or authorised representatives), fraud, any breach of any obligation as to title to Cue Points implied by statute, or any other liability which cannot as a matter of law be limited or excluded.
Third Party Rights
You shall be responsible for and reimburse us for all expenses which we suffer liabilities, arising as a result of our performing Services or carrying out any work on or to the Products to your specific requirements or specifications which you have requested in the Products or Services which including for example where any third party brings a claim or action against us alleging infringement of its proprietary rights.
All Cue Points specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of Cue Points and do not constitute a warranty or representation by us that the Products will conform with the same. Cue Points is provided for use in as-is condition. There is no guarantee or warranty of any kind. In particular, there is no guarantee or warranty in regard to the quality and suitability of the program for a specific purpose. Cue Point Technology Ltd is not liable for any errors or for any necessary service features, repairs or adaptations.
We comply with all data protection laws and will use data which could be used to identify you personally (“Personal Data”) only as set out in our Privacy Notice.
In relation to security of orders that you place with us, if your bank or card issuer holds you liable for charges in relation to unauthorised use of your debit or credit card, connected with the use of your credit or debit card on our Site we will cover your liability up to £100 provided that the unauthorised use of your credit or debit card was not caused by your own fraud or negligence or by someone acting with your authority.
You may not transfer your rights under these Terms to anyone else without our prior written consent. You recognise that there may be circumstances outside our reasonable control which would prevent us from providing you with the Products or Services which you have ordered. Circumstances beyond our reasonable control may include (but are not limited to) any act of God, war, riot, civil commotion, government action, pandemic, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such cases, whilst we will do our best to fulfil your order, we cannot be responsible for failure or delay in doing so and in such event we may elect to cancel your order and refund any payments made. You may request that your order be canceled if it has not been fulfilled within 30 days of having been made.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and Cue Point Technology Ltd shall be governed by and construed in accordance with the Law of England and Wales and Cue Point Technology Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.