PART A - PREAMBLE
2) Any reference hereinafter to-
a) ‘CubedCon’ is synonymous with the ‘organisation’, ‘us’, ‘data controller’, the ‘trustee’ and other natural synonyms and the plurals of these terms;
b) ‘you’ is synonymous with ‘yourself’, the ‘individual’, the ‘data subject’ and other natural synonyms and the plurals of these terms;
c) ‘accessible in-game’ implies the ability to access the server successfully without bar or hindrance with a licenced and unaltered version of Minecraft assuming exceptional access to the internet;
d) “Convention” denotes the online event held electronically on a server accessible by generic licensees with licenced and unaltered versions of Minecraft in-game;
e) ‘licensee’ denotes any individual holding a single right to access the server whether a ticket-holder or a booth-holder, and is synonymous with other natural synonyms and the plurals of these terms;
f) ‘ticket’ means a licence to visit the server accessible in-game subject to the following terms, and is synonymous with other natural synonyms and the plurals of these terms;
g) ‘booth’ denotes an area of space (typically 15*15*15 blocks) which is reserved for successful booth-holders (and their team of booth-editors), and is synonymous with other natural synonyms and the plurals of these terms;
h) ‘ticket-holder’ denotes the successful applicant of a generic licence to visit the ‘Convention’ after inputting information on CubedCon’s website, and is synonymous with other natural synonyms and the plurals of these terms;
i) ‘primary booth-holder’ denotes the successful applicant of a licence to visit CubedCon’s server prior to the ‘Convention’ to draft and finalise a sectioned area of space in a clean Minecraft client notwithstanding their ‘paid status’ or ‘free status’, and is synonymous with other natural synonyms and the plurals of these terms;
j) ‘booth-editor’ denotes a person or class of persons authorised by the primary booth-holder to help edit their ‘booth’, and is synonymous with other natural synonyms and the plurals of these terms;
k) ‘paid status’ denotes the class of donees or addressees identifiable by an in-game username who receives the privileges attached with purchase of a benefit through CubedCon’s Webstore client;
l) ‘free status’ denotes the class of generic ticket-holders and/or booth-holders who are not conferred any privileges in connection with CubedCon’s Webstore client;
4) You agree that you did not enter into this contract under any representation made however innocently or negligently.
5) The contract is made:
a) through engagement of any CubedCon services free or paid where you transfer consideration;
7) You agree to the terms of TEBEX’s consumer policies (if any) when engaging with our ‘Webstore’.
PART B - PURPOSE OF FUNDRAISING
8) CubedCon is trustee for the sole charitable purpose of fundraising for the registerable charity Special Effect. CubedCon is not a registered charity under the Charities Act 2011.
9) Special Effect is identifiable by charity number 1121004, and is registered at address: SpecialEffect, The Old Bakery, Sheep Street, Charlbury, Oxfordshire, OX7 3RR.
10) Special Effect is the ‘beneficiary’ of the express trust outlined in paragraph 8 for the purposes of the laws of trusts.
11) The establishment of an express trust within paragraph 8 for charitable purposes is not prevented by ancillary spending-
a) for the overall pursuit of charitable purposes,
b) to develop CubedCon’s charitable agenda, and/or
c) to cover genuine expenses of CubedCon’s workers,
as established by the relevant case law governing England and Wales.
PART C - INTELLECTUAL PROPERTY
12) All present, past or future intellectual property which subsides in the organisation’s website will vest jointly among all senior servants to CubedCon.
13) If your application for Convention tickets is successful, you shall be conferred the title as ‘ticket-holder’, and shall be conferred a revocable and non-exclusive licence to visit the Convention under the prescribed dates subject to paragraph.
14) If your application to the application for a booth is successful, you shall be conferred the title as ‘booth-holder’, and shall be conferred a revocable and non-exclusive licence to visit the Convention early under prescribed dates to edit, decorate, and finalise an area of space in-game. You will attract the same benefits as a generic ticket-holder if your finalised booth is accepted, and you can then visit the Convention without applying for a ticket.
15) Copyright subsiding in the preparatory and finalised versions of the booth vest in all booth-editors equally, as authorised by the primary booth-holder.
16) You agree to licence CubedCon the free exploitation of any intellectual property subsiding in the booth’s appearance you may hold, as primary booth-holder, for the purposes of the Convention from time to time. You may not withdraw this licence, but it will expire after the Convention ends.
PART D - RULES OF THE SERVER
17) Any licence conferred by CubedCon may be withdrawn for any reason with a day’s notice for no reason if the reasons demonstrable by CubedCon are not objectively unreasonable.
18) Any licence conferred by CubedCon may be withdrawn immediately if your actions-
a) are understandably offensive, vulgar, harassing or perturbing,
b) affect the legal rights of the other licensees,
c) concern other players or alter their enjoyment of the Convention.
PART E - THE PURCHASE OF SERVER BENEFITS
19) You will only be successful in a payment when you have made successful payment for any server benefit through our Webstore, have the capacity to contract, and have received a receipt of purchase.
20) You will have capacity to contract if (among other factors) you are of lawful age.
21) You will be entitled to have it seen that the purchased server benefit is delivered to the specified Minecraft account insofar that the specified Minecraft account is non-fraudulent, unaltered, licenced, attached with no unusual incumbrance, or barred from server entry pursuant to Part D.
22) The past or future purchase of server benefits, amenities, or commodities does not lift any preclusion or ban placed against you from accessing the server where the licence is withdrawn.
23) Any alteration by way of any purchased server benefit to your legal status within the Convention and/or CubedCon’s services shall be binding, and shall extend further rights as purported under that subsequent agreement, but will not impliedly (without express notice to the contrary) revoke your title as a ‘ticket-holder’, ‘booth-holder’, or ‘booth-editor’.
24) You agree that the server benefits are not “goods” but rather licences for the purposes of the Sale of Goods Act 1979.
PART F - EXCLUSION AND LIMITATION
25) These terms purport to exclude liability arising from negligence resulting in
a) indirect losses,
b) economic losses,
c) innocent or negligent misrepresentation,
d) negligent misstatement
e) property damage, or
f) any form of immaterial damage.
if the individual bringing a cause of action against CubedCon can prove fault.
26) These terms do not purport to exclude liability arising from negligence occasioning
a) death or personal injury,
b) fraudulent misrepresentation, or
c) fraudulent activity.
27) These terms exclude liability for breach of implied conditions, warranties or innominate terms by statute, common law or otherwise into these terms to the furthest extent as possible in law.
28) You may liable for any loss suffered caused by-
a) intentional and unlawful interference with the server,
b) fraudulent activity on the server,
c) the use of an unlicenced or altered Minecraft client,
d) the commitment of any intentional tort,
e) the commitment of any contractual breach, or
f) the commitment of an unlawful data breach.
29) If you are liable under paragraph, disciplinary action will be taken, which could extend to a withdrawal of a licence to access the Convention pursuant to Part D.
30) These terms are ‘fair’ for the purposes of the Consumer Rights Act 2015 and the Consumer Rights Directive, considering the nature of our charitable purpose, the unlikeliness of major damage without fault laying elsewhere, and the prevailing limitation over exclusion in the event that fault is established.
PART G - CHOICE OF LAW
31) You agree that English courts should have prevailing jurisdiction over these contractual terms.
32) All obligations upon legal and natural persons in England shall be incorporated into this contract as actionable through English courts or arbitration.
33) The rights available to individuals against exclusion clauses are provided for the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 with which these terms are compliant.
PART H - COMPLAINTS AND/OR CONTACT
34) In the event you wish to contact CubedCon for assistance in relation to our services, these Terms, purchasing, and intellectual property rights, we invite correspondence to [email protected]
35) If you have any informal queries, you are free to contact us by social media as advertised in the footer of our website. We are contactable through social media services Facebook, Twitter, Youtube, Google+, PlanetMinecraft, Twitch and Discord.
36) We do not purport to possess the rights to operate under the goodwill of any trade mark vesting in the brands of any company or organisation listed in paragraph 35.