Terms of Service

Last updated

Agreement to Our Legal Terms

We are Spicy Holdings LLC ("Company," "we," "us," or "our"), a company based in Virginia, United States. We operate Cube Cooperative at cubecooperative.com (the "Site") and any related products and services that refer or link to these terms (together, the "Services").

These Terms of Service ("Terms") are a legally binding agreement between you and Spicy Holdings LLC concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Community Guidelines, which are incorporated into these Terms by reference. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

We may change these Terms from time to time. The "Last updated" date shows when they last changed, and we will notify you of material changes through the Site or by email. Each purchase is governed by the Terms in effect when the order was placed.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 may not create an account or use the Services.

1. Our Services

The Services display a single three-dimensional cube made up of one billion sections ("Sections"). Users can claim Sections for a limited time and paint them, and anyone can view the cube. The Services are offered for creative and entertainment purposes. Sections and Credits are not financial products, securities, or investments.

The Services are not intended for use by any person in any jurisdiction where that use would be contrary to law. Those who access the Services from other locations do so on their own initiative and are responsible for complying with local laws.

2. Intellectual Property Rights

Our intellectual property. We own or license all intellectual property rights in the Services, including the source code, databases, functionality, software, designs, text, and graphics (the "Content"), and the trademarks, service marks, and logos (the "Marks"). The Content and Marks are protected by copyright and trademark laws. This does not include paintings created by users, which are covered in Sections 9 and 10.

Your use of the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal use. Except as set out in these Terms, no part of the Services, Content, or Marks may be copied, reproduced, republished, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

Feedback. If you send us questions, comments, suggestions, or ideas about the Services ("Feedback"), you agree that we may use the Feedback for any lawful purpose without acknowledgment or compensation to you.

3. User Representations

By using the Services, you represent and warrant that: (1) you are at least 18 years old and have the legal capacity to agree to these Terms; (2) all information you submit, including your email address and country, is true and accurate; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; (5) you are not barred from using the Services under the laws of the United States or of the country you are in; and (6) your use of the Services will not violate any applicable law or regulation.

If you provide information that is untrue or inaccurate, we may suspend or terminate your account and refuse any current or future use of the Services.

4. User Registration

You need an account to claim or paint a Section or to buy Credits. You sign in with a code sent to your email address, or with your Google or Apple account, and may add a password. You are responsible for keeping your email account, your password, and any Google or Apple account you sign in with secure, and for all activity under your account. If you believe someone else has accessed your account, use "Sign out everywhere" on the account screen and contact us.

Signing in with Google or Apple. If you choose to sign in with Google or Apple, that company confirms to us who you are. We receive only your email address and an identifier for your account with that company. Your use of your Google or Apple account is governed by that company's own terms and privacy policy, not by these Terms. We do not control Google or Apple and are not responsible for how they handle your information, for changes they make to their services, or for any time their sign-in is unavailable. If you lose access to your Google or Apple account, you can still sign in with a code sent to the email address on your Cube Cooperative account.

5. Sections and Claims

Sections are not sold. When you claim a Section (a "Claim"), you receive a limited license to paint that one specific part of the cube through the Services for a limited time, for as long as the Services are available and you comply with these Terms. Sections exist only within the Services. They are not physical goods, have no cash value, cannot be redeemed for money, and may not be sold or transferred to another person.

How long a Claim lasts. A Claim lasts 24 hours from the moment it is made. You may extend a Claim you hold by 24 hours at a time using Credits, as described in Section 6, but a Claim cannot be extended to end more than seven days ahead.

Free Claims. Each account has four free Claims. A free Claim becomes available again 24 hours after it was used. One person may not use more than one account to obtain additional free Claims.

Release. When a Claim ends, the Section is released: it returns to its blank state on the cube, and anyone may claim it. We keep the Painting privately for 48 hours after release. If you claim the same Section again within that time, you may put the Painting back; after that it is deleted. We do not promise that a released Section will still be available to you.

Claims are made on a first-come, first-served basis and are subject to availability. A Section that someone holds cannot be claimed, and up to 100 Sections may be claimed at one time. We may withhold Sections from being claimed, and we may change the number of free Claims, the length of a Claim, or the limit on extensions. A change does not shorten a Claim that is already running.

Sections purchased before November 12, 2026. Sections purchased under an earlier version of these Terms were converted on November 12, 2026 into Claims lasting seven days, and the account that purchased them received eight Credits for each Section.

6. Credits, Purchases and Payment

What a Credit is. Credits are virtual items that work only within the Services ("Credits"). One Credit makes one Claim of 24 hours beyond your free Claims, or extends a Claim you hold by 24 hours. A Credit is a limited, revocable license to use those features. Credits are not money and are not your property. They have no cash value, cannot be redeemed or exchanged for money, and may not be sold, given, or transferred to another person or account. Credits do not expire while your account is open. A Credit that has been used is not returned, including when the Section is later released, reset, or removed.

Earning Credits. Your account receives one Credit each time it reaches a new level. Levels are based on the number of squares you have painted. We may change how levels are worked out and how Credits are earned; a change does not take away Credits you already have.

Buying Credits. Credits are sold in packs, at the prices shown in the shop. There is no order fee. All payments are in U.S. dollars. If you are located in the European Union, value added tax (VAT) is added at your country's rate. Other taxes may be added where required by law. The total, including any tax, is shown before you pay. We may change the packs we offer and their prices at any time; a change does not affect an order you have already paid for.

Purchases are available only to buyers located in the countries listed at checkout. You agree to select the country in which you are actually located.

Payments are processed by Square. You provide your payment details directly to Square, and we do not receive or store your card number. You agree to provide current, complete, and accurate payment information, and you authorize the charge for the total shown at checkout.

Credits are added to your account only when Square confirms that payment has been received in full.

We reserve the right to refuse or cancel any order, including where we suspect fraud or where a price was displayed in error. If we cancel an order you have paid for, we will return the full amount.

If you violate these Terms or the Community Guidelines, you may lose your Credits and your Claims without a refund. Unused Credits are removed when an account is deleted or terminated. If the Services are shut down, unused Credits are not refunded, except where required by law.

7. Refund Policy

All sales are final. We do not offer refunds, returns, or exchanges, except as described in this section or where required by law.

European Union buyers. Consumers in the European Union ordinarily have 14 days to withdraw from an online purchase. Because Credits are digital content delivered immediately after payment, you will be asked at checkout to expressly request immediate delivery and to acknowledge that you lose your right of withdrawal once delivery has begun. We cannot complete a sale to a buyer in the European Union without that consent.

Undelivered Credits. If your payment is received but we are unable to add the Credits to your account, we will automatically return your full payment.

Enforcement. No refund is given, and no Credit is returned, when a Section is reset or removed, or an account is suspended or terminated, for a violation of these Terms or the Community Guidelines.

Chargebacks. If a payment is reversed or refunded through your bank or card issuer, the Credits from that order are taken back. If some of them have already been used, your balance goes below zero, and nothing more can be claimed or extended with Credits until it is made up. Sections already claimed are not released early. We may also suspend or terminate your account.

Nothing in these Terms limits any right you have under applicable law that cannot be waived by agreement.

8. Prohibited Activities

You may not use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

9. User Paintings

The Services let you create paintings on Sections you hold ("Paintings"). Paintings are public and can be viewed by anyone for as long as you hold the Section. Do not include anything in a Painting that you want to keep private.

When you create a Painting, you represent and warrant that: (1) you own it or have the rights and permissions needed to paint it and to grant the license in Section 10; (2) it is not a copyrighted work that you have no right to use, and it does not otherwise infringe the rights of any third party; and (3) it complies with the Community Guidelines.

You are solely responsible for your Paintings. We do not review every Painting and are not responsible for Paintings created by other users.

10. License to Your Paintings

You retain full ownership of your Paintings. By creating a Painting, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display it as part of the cube, including in reduced-detail views, and to display the cube, including your Painting, in connection with operating and promoting the Services. We may sublicense these rights to service providers, such as our hosting provider, solely so they can operate the Services on our behalf.

This license ends when the Painting is removed from the Services, except with respect to images and recordings of the cube made before removal. After a Section is released, the Painting is no longer displayed, and we keep a private copy only for the 48 hours described in Section 5, or for longer where it was reported, as described in Section 12.

We respect the intellectual property rights of others. Copyrighted works may not be painted without the right to use them. If you believe that a Painting infringes a copyright you own or control, please notify us using the copyright form on our Help page or by writing to our designated copyright agent:

Copyright Agent
Spicy Holdings LLC
PO Box 981
Centreville, VA 20120
Phone: (571) 762-3875
support@cubecooperative.com

Under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), a notification must include: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the Painting claimed to be infringing, including the address of the Section where it appears; (4) your name, postal address, telephone number, and email address; (5) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will remove Paintings that infringe copyright and will terminate the accounts of repeat infringers. We may forward a notification, including the sender's name and contact details, to the user who created the Painting. If you believe your Painting was removed by mistake or misidentification, you may send a counter-notification to our designated copyright agent or through the Help page.

Please note that under federal law you may be liable for damages if you knowingly misrepresent that material is infringing.

12. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms, including reporting them to law enforcement authorities; (3) reset a Section to its blank state or remove a Painting; (4) release a Section from an account before its Claim ends; (5) suspend or terminate an account, or refuse or restrict access to the Services; and (6) otherwise manage the Services in a manner designed to protect our rights and property and to keep the Services running properly.

We act where a rule has clearly been broken. We are not obligated to review all Paintings or to act on every report. To report a Painting, use the Report button shown when you select a Section, or contact us through the Help page. If a reported Painting's Section is released before we have reviewed the report, we keep a copy of the Painting for our moderators until the report has been dealt with, and for no more than 30 days, and the account that painted it may still be suspended or terminated.

13. Privacy Policy

Our Privacy Policy explains what information we collect, how we use it, and the choices you have.

14. Term and Termination

These Terms remain in effect while you use the Services. You may stop using the Services at any time and may delete your account from the account screen. When an account is deleted, its Sections are released and can be claimed by anyone, its Paintings and Credits are permanently removed, and no refund is given.

We may suspend or terminate your account, or block your access to the Services, at any time and without notice if you breach these Terms or the Community Guidelines, if we are required to do so by law, or if your use of the Services creates risk for other users or for us. When an account is terminated, its Sections are released, its Credits are removed, and no refund is given, except where required by law.

If we suspend or terminate your account, you may not register a new account under your name, a false or borrowed name, or the name of any third party. Certain records are retained after an account ends, as described in the Privacy Policy.

15. Modifications and Interruptions

We may change, suspend, or discontinue all or part of the Services at any time. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime. If we decide to shut down the Services permanently, we will post a notice on the Site at least 30 days in advance.

16. Governing Law

These Terms and your use of the Services are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

17. Dispute Resolution

Informal resolution. If you have a dispute with us, please contact us first so that we can try to resolve it informally.

Courts. Any legal action that is not resolved informally must be brought in the state or federal courts located in Virginia, and you and we consent to the jurisdiction of those courts.

European Union consumers. If you are a consumer residing in the European Union, you also benefit from the mandatory provisions of the law of the country in which you reside, and you may bring proceedings in the courts of that country.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and to update information at any time without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PAINTING WILL BE PRESERVED.

20. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS BEFORE THE CAUSE OF ACTION AROSE.

SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our members, employees, and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your Paintings; (2) your use of the Services; (3) your breach of these Terms or the Community Guidelines; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward another user of the Services. This obligation applies only to the extent permitted by the law that applies to you.

22. User Data

While you hold a Section, we store its Painting and one earlier version. When a Section is released, both are removed, except for the private copy kept as described in Sections 5 and 12. Although we take reasonable steps to preserve this data, you are responsible for keeping your own copies ("Download my data" on the account screen provides one), and we are not liable for any loss or corruption of Paintings. This section does not limit any rights you have under applicable data protection law.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, by email or on the Services, satisfy any legal requirement that the communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. Checking a box or clicking a button to indicate agreement has the same effect as a handwritten signature.

24. Miscellaneous

These Terms, together with the Community Guidelines and any policies we post on the Services, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision. We may assign any or all of our rights and obligations to others at any time; you may not assign yours. We are not responsible for any loss, damage, delay, or failure to act caused by anything beyond our reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or by your use of the Services.

25. Contact Us

To resolve a complaint or to get more information about the Services, contact us through the Help page or at:

Spicy Holdings LLC
PO Box 981
Centreville, VA 20120
support@cubecooperative.com

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