Terms of Use
WELCOME TO cloudian.com (THE “SITE”). THE SITE IS OPERATED BY CLOUDIAN, INC. (“CLOUDIAN,” “WE,” OR “US”). THE SITE MAY BE HOSTED BY OTHER COMPANIES WITH WHICH WE HAVE SERVICE AGREEMENTS. IN EXCHANGE FOR ACCESS TO THE SITE, USERS (“YOU”) MUST AGREE TO ENTER INTO THIS CONTRACT, CALLED THE TERMS OF USE (THE “AGREEMENT”), WITH CLOUDIAN. THIS AGREEMENT DOES NOT GOVERN ANY OTHER WEBSITES OR SERVICES OFFERED OR OPERATED BY CLOUDIAN, AND THE TERMS OF USE OF ANY OF THOSE OTHER WEBSITES DO NOT APPLY TO THIS SITE.
PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE THIS DOCUMENT IS A LEGAL CONTRACT, AND BY USING THE SITE YOU AGREE TO ITS TERMS.
1. General
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any subsequent notice from Cloudian. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. You are solely responsible for your use of the Site, as well as use of the Site by others pursuant to any login or password that we may require from you to use the Site. You agree to notify us immediately if you become aware of any unauthorized use of your password or username, or any other breach of security. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
We reserve the right to change the terms of this Agreement or to modify any features of this Site at any time, so we encourage you to review the Agreement periodically before using the Site. The most current version of the Agreement can be viewed by clicking on the “User Agreement” link at the bottom of any page on the Site. By registering for this Site and/or continuing to use this Site after the posting of any changes, you agree to be bound by such changes.
This Agreement applies to all uses of any part of the Sites. We may restrict, suspend, or revoke your registration or ability to access or use the Site, or any affiliated site, with or without prior notice, if you violate this Agreement.
2. No Professional Advice
The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional technical advice. Any information supplied by any employee or agent of Cloudian, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute technical, medical, legal, tax, accounting, or other professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
3. Trademark Information
All Cloudian product names, trade and company names, trademarks, service marks, logos, or service designations appearing on this site, whether or not designated with a “,” “TM” or “SM,” are the trademarks, or service marks, and/or trade dress of Cloudian and/or its affiliates or subsidiaries. All other trademarks, service marks, product names, company names or logos displayed on this site not owned by Cloudian and/or its affiliates or subsidiaries are the property of their respective owners. No license or right in and to such trademarks, service marks, product names, company names or logos and/or other proprietary rights of Cloudian, its affiliates or subsidiaries and/or other parties is granted to or conferred upon you by accessing this site, directly or indirectly. Use of any trademark, trade name, service mark, or other logo or mark owned by Cloudian is prohibited, unless expressly authorized in writing in advance by Cloudian.
4. Notice of Copyright
This site and all content are protected by U.S. and international copyright law. You may download from this site any material that Cloudian makes available to the general public. Any and all downloaded materials may be used by you for personal, non-commercial use only. You may not, however, distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without Cloudian’s prior written permission. All copyright and other proprietary notices contained in downloaded materials must be retained.>
5. User Content and Communications
The Site may contain or incorporate features that allow users to post their own content and communicate with others, including by submitting their own experiences with Cloudian (whether through the Site or other means). When you submit, post, or add content to the Site (“User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Submission to us, you grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.
By using the site, you agree that your User Submissions will not:
infringe on the intellectual property, trade secret, privacy, or publicity rights of others; contain false statements or misrepresentations that could damage Cloudian or any third party; include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Cloudian in its sole discretion; be illegal or otherwise objectionable to Cloudian; or include commercial advertisements or solicitations. Although you are solely responsible for the content you provide, we reserve the right to review and revise User Submissions. If we become aware of User Submissions that violate these Terms of Use or that we believe to be otherwise objectionable, we may reject, edit or delete them, or take other action, without notice to you and in our sole discretion. You understand and agree that User Submissions are neither owned by nor provided by Cloudian, and that Cloudian is in no way responsible for such User Submissions or any related conduct or practices.
6. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on the Site is:
Cloudian Legal
63 Bovet Road, Suite 400
San Mateo, CA 94402
(650) 227-2380
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
7. Prohibited Conduct
(a) delete or revise any material or other information of any other user, Cloudian, or any third party;
(b) harvest or otherwise collect information about others, including email addresses, without their consent;
(c) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(d) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
(e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers;
(f) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(g) post advertisements or solicitations of business other than those explicitly approved by us;
(h) promote outside sites or online services or organizations other than through official, approved advertisements;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges;
(j) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or any of our users, customers, or suppliers to any liability or detriment of any type; or
(k) take any other action that could endanger or cause damage to us, other users of the Site, or other third parties. You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Site;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, we may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
8. Links
The Site may, as a convenience to users, provide links to or advertisements for third-party content and other web sites, through links made available by Cloudian, our users, or third parties. We do not sponsor, endorse, or accept any responsibility for such material. Cloudian is not responsible for the content or privacy practices of any linked sites. In addition, if you choose to contact, purchase any products or services from, or otherwise engage with such a third party, your relationship is directly with the third party. We have no control over and make no representations or warranties with respect to any third-party materials or linked sites. We are not responsible for any loss or damage of any sort you may incur from dealing with any third party.
9. Limitation of Liability
You understand that the Site is solely an informational service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, delays in ordering or receiving products or rewards, the inaccessibility of the Site, or the costs associated with any claims you bring or try to bring against us.
IN NO EVENT WILL Cloudian OR ITS FUNDERS OR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE Cloudian FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
10. Limitation of Liability
You agree to indemnify Cloudian and our officers, directors, owners, employees, agents, information providers, FUNDERS, affiliates, partners, and licensors (the “Cloudian Parties”) against, and hold the Cloudian Parties harmless from, liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of your use of THE SITE or claims made in connection with such use.
11. Disclaimer of Warranties
THIS SITE IS PROVIDED “AS IS.” Cloudian MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES OR PRODUCTS AVAILABLE THROUGH LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. Cloudian DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Cloudian DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY Cloudian, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Cloudian OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON..
Cloudian MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND Cloudian DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES..
12. Termination
This agreement may be terminated by Cloudian for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
13. Governing Law / Entire Agreement
These Terms of Use are governed by the laws of the State of Connecticut without reference to conflicts of laws principles. You and Cloudian expressly agree to be subject to the jurisdiction of the Federal and State courts located in State of Connecticut.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Cloudian and govern your use of the Site, superseding any prior or contemporaneous communications and proposals in any form between you and Cloudian. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.
14. Privacy Policy
A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Site. By using the Site, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the Site. Whenever we ask you for personal information in a registration form or elsewhere on the Site, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. If you have questions about our privacy practices, you can contact us via our online form.
15. Additional Agreements
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.
16. No Waiver
You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.
17. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cloudian as a result of these Terms of Use or your access to and use of the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Export Controls/Legal Compliance
Cloudian controls this Site from within the United Sates of America, and this Site is intended for use only within the U.S. You may not access, download, use or export the Site, any products available through the Site, or content on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
Questions?
If you have any questions about the above Terms of Use or if you don’t understand them, please contact us before using the Site.
2023 Cloudian, Inc. All Rights Reserved.
