TERMS AND CONDITIONS FOR THE CUBE IPHONE AND IPAD APPLICATION

The following terms and conditions set out the rules between you and All3Media International Ltd (“A3M”) which govern your use of the Cube iPhone and IPad application (the “Application”). Any reference to “you” or “your” shall mean you the user of the Application.

You must be at least aged 13 and if aged 13 but under 18, you must read these terms and conditions with your parent or guardian. These terms and conditions must be read carefully and before you use the Application, as your use of the Application shall be confirmation that you have accepted these terms and any other terms and conditions referenced below

A3M recommends that you print and store or save a copy of these terms and conditions for future reference.

Licence of the Application

Your use of the Application is by way of a non-exclusive and non-transferable licence and for the avoidance of doubt the Application is not owned by you.

You alone are to use the Application for your personal and non commercial use on an iPhone or iPod touch or IPad owned or controlled by you, in accordance with these terms and conditions and the Other Terms (as defined below) in order to receive access to content including without limitation the games in practice round, challenge round and users stats.


You agree to use the Application only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Application by any third party. You agree to comply with these terms and conditions when using the Application and all applicable laws and regulations, together with the Apple Terms (as defined below), any specific usage rules and Other Terms in relation to any material and content that you access via the Application.

Apple Terms

This Application is made available via the iTunes store. Your use of the Application is therefore subject to additional Apple terms and conditions and privacy policy including without limitation the following:

In the event that the Application does not conform with any warranty herein or implied by law which applies, and has not been limited or excluded, you may notify Apple for a refund of the Application purchase price only and Apple shall not be responsible for any other losses, liabilities, damages, costs or expenses emanating from any failure to conform to any warranty herein or implied by law.

Nothing in these terms and conditions restricts your statutory rights as a consumer or limits A3M's liability for death or personal injury resulting from negligence or fraud.

Privacy

A3M does not process any personal data. Any personal data which you submit in accessing the Application via the iTunes store is held by Apple under Apple's privacy policy.

Severability

If any provision of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions or the Other Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

No Waiver

Failure by A3M or Apple to enforce any right or provision of these Terms and Conditions shall not operate as a waiver by A3M or Apple of such right or provision.

Rights of Third Party

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these terms and conditions and they shall have the right to enforce any of the terms set out above against you.

Law

These terms and conditions are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

Amendment

A3M may update or amend these terms and conditions from time to time without notice to you. Any updates or amendments will be posted on

www.thecubetv.tv

By continuing to use the Application, you agree to be bound by the terms of these updates and amendments.

These Terms were last updated on 02 September 2010. All3Media International Ltd

Berkshire House

168-173 High Holborn London WC1V 7AA Company No 3203247 VAT no GB 820745736

mailtocube@all3media.com