Terms and Conditions
1. General Terms.
(a) You must be at least 13 years old to use the Services. You are prohibited from posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Company prohibits the creation of an account for anyone other than yourself. You also represent that all information you provide or have provided to the Company upon registration and at all other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
(b) You agree that you will not solicit, collect or use the login credentials of other users of the Services. You are responsible for keeping your password secret and secure. You are prohibited from defaming, stalking, bullying, abusing, harassing, threatening, impersonating or intimidating people or entities and you are prohibited from posting private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public e-mail addresses.
(c) You are prohibited from using the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (e.g., federal, state, local and provincial laws) applicable to your use of the Services and your Content (as defined below), including but not limited to, applicable copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services.
(d) You are prohibited from changing, modifying, adapting or altering the Services of another website so as to falsely imply that it is associated with the Services or the Company. You are prohibited from accessing the Company’s private application programming interface (“API”) by means other than those permitted in writing by the Company. You are prohibited from creating or submitting unwanted e-mail, comments, likes or other forms of commercial or harassing communications (also known as “spam”) to any users of the Services. You are prohibited from using domain names or web URLs in your username without the Company’s prior written consent. You are prohibited from interfering or disrupting the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You are prohibited from injecting content or code or otherwise altering or interfering with the way any CloudSpotter page is rendered or displayed in a user’s browser or device.
(g) Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. Further, you acknowledge that we may not identify paid services, sponsored content, or commercial communications as such.
(h) It is the Company’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, the Company does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that the Company is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
6. Account and Entitlements; Termination of Services. You are prohibited from allowing any third party to use your account. You have the right to cancel your account or a particular subscription to the Services at any time through the Company website or by contacting a sales representative. You agree that the cancellation of your use of the Services is your sole right and remedy with respect to any dispute with the Company. Upon the cancellation of your use of the Services, all data and content produced as a result of the usage of the Services will remain in our server for a minimum of 90 days (the “Retention Period”). During the Retention Period, you may request a copy of such data or content provided that the backup fee, as set forth on the Company’s website, is paid in full and in advance. After the Retention Period, the Company may remove, delete or destroy any of the data and content stored on its server. The decision to destroy any data or content at any time is in the Company’s sole discretion.
7. Rules of Conduct. You agree to the following rules of conduct for the Services:
(a) You shall not indicate that you are a Company employee or representative, or attempt to mislead users by indicating that you represent the Company or any other third party related to the Company.
(c) You shall not save data nor upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Services or otherwise interfere with any other person’s ability to use the Services.
(d) You are prohibited from modifying or attempting to modify any part of the Services that the Company does not specifically authorize you to modify.
(e) You may only use the Services on or through any service that is controlled or authorized by the Company.
(f) You shall not conduct any activities that violate the laws of any jurisdiction including, but not limited to, infringement of intellectual property rights, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
(g) Specific Services may also post additional rules that apply to your conduct on those Services.
11. Updates to the Services. THE COMPANY MAY FIND IT NECESSARY TO UPDATE, OR RESET THE SERVICES. THESE UPDATES OR RESETS MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT SERVICES AND MAY AFFECT YOUR USE OF SUCH SERVICES. THE COMPANY RESERVES THE RIGHT TO MAKE THESE UPDATES OR RESETS AND IS NOT LIABLE TO YOU FOR THESE CHANGES OR SETBACKS.
12. Limitations on Warranty and Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, THIRD PARTY SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHEREAS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, USE OR CONTENT ON THE SERVICES. IN NO CASE SHALL THE COMPANY’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SERVICES. IN NO CASE SHALL THE COMPANY OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.