Terms and Conditions

Updated February 19th, 2012

 

These Terms of Service (“Terms” or “Terms of Service” or “Agreement”) constitute a legally binding agreement by and between CloudAround* and You and/or Your company (“You(r)”) concerning Your use of the CloudAround website – http://www.cloudaround.com (the “Site”) and/or Services (as defined below). We provide services available to You via the Site and various cross platform applications owned by CloudAround. By using the Site and Services (as defined below), You represent and warrant that You have read and understood, and agree to be bound by, these Terms of Service and CloudAround’s Privacy Policy (the “Privacy Policy”) as further described in “Section I” below.

 

By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by CloudAround (together, the “Services”), You are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern Your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES. Should You have any questions concerning this Agreement, please contact support@cloudaround.com.

 

By visiting this Site and/or by inputting your information for the Services of CloudAround and our providers used within CloudAround, You represent and warrant that You have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. You are represent and warrent that you are or age to legally to use our Site and Services as well as those of our providers you are associating with.

 

A. MODIFICATIONS TO THIS AGREEMENT.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage You to check the date of our terms and conditions whenever You visit this Site to check if they have been updated. You must review this Agreement on a regular basis to keep Yourself apprised of any changes. If You do not agree to the revised terms and conditions, Your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute Your acceptance of the revised terms and conditions. Should You have any questions regarding the use of our Site, please contact support@cloudaround.com.

 

B. YOUR REGISTRATION OBLIGATIONS.

To obtain and use the Services, You will be required to register with CloudAround by completing a registration form and designating a user account and password. When registering with CloudAround You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof)..

 

You may not authorize any third party to access or use the Services on Your behalf. You are responsible for maintaining the confidentiality of the user account and password, as well as those of various data sources accessed through CloudAround services, and are fully responsible for all activities that occur under Your user account or password. You agree to immediately notify CloudAround of any unauthorized use of Your user account or password or any other breach of security. CloudAround cannot and will not be liable for any loss or damage arising from any unauthorized use of Your account.

 

C. LICENSE.

Subject to Your compliance with these Terms of Service, CloudAround grants You a non-exclusive, non-sublicensable, revocable as stated in these Terms, non-transferable license to use the Site and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of CloudAround or any other party. The license granted in this section is conditioned on Your compliance with these terms of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

 

D. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with CloudAround, You understand that we may send You communications or data from CloudAround regarding the Services, including but not limited to (i) notices about Your use of the Services, including any notices concerning violations of use; (ii) updates; and (iii) promotional information and materials regarding CloudAround’s products and services, via electronic mail. We give You the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

 

E. USER CONDUCT/ACCEPTABLE USE POLICY.

Unauthorized use of the CloudAround service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign Your license to our services in any format to any third party. In addition, You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of CloudAround or others.

 

To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), You hereby represent and warrant that You have all necessary rights in and to all User Content You provide and all information contained therein. By registering to use the Services, You understand and acknowledge that CloudAround and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to You the Services for which You have registered. In the event that You give CloudAround the right to distribute Your content, additional terms may apply to CloudAround’s usage or distribution of this content. You continue to retain all ownership rights of any User Content You provide and shall remain solely responsible for Your conduct, Your User Content, and any material or information transmitted to other Users for interaction with other Users. CloudAround does not claim any ownership rights in any User Content.

 

Content posted by Users and other non-CloudAround contributors are generally not reviewed by CloudAround. CloudAround shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that CloudAround, at its sole discretion, deems to be (a) inconsistent with CloudAround’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, CloudAround has the right to remove any content if CloudAround has reason to believe that displaying such content may infringe upon the rights of a third party or subject CloudAround to expense or liability. Please notify us at support@cloudaround.com regarding any content that You believe might violate applicable law or Your intellectual property rights or contain inappropriate or undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

 

CloudAround reserves the right, at its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit CloudAround’s response to a future complaint. You acknowledge and agree that CloudAround shall not assume or have any liability for any action or inaction by CloudAround with respect to any User Content.

 

CloudAround reserves the right, at its sole discretion, to block any user, account, or service for any reason or for no reason. CloudAround may exercise such right at any time, with or without prior notice.

 

Additionally, CloudAround reserves the right, without limitation, to terminate Your access to and use of the Site and Services if, in our view, Your conduct fails to meet any of the following guidelines for User conduct:

      • You may not attempt to harm, disrupt, or otherwise engage in any activity that diminishes the CloudAround Site, computer systems and network, or the Services.
      • You may not attempt to interfere with any other person’s use of the Services.
      • You may not misrepresent Your identity or impersonate any person.
      • You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
      • You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to You.
      • You may not attempt to charge others to use the Services either directly or indirectly.
      • You may not use the Services to participate in pyramid schemes or chain letters.
      • You may not use the Services to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications.
      • You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
      • You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless You own or control the rights to such material or have received all necessary consents.
      • You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another person’s computer or property.
      • You may not use the Services to download any material sent by another User of the Services that You know, or reasonably should know, cannot be legally distributed in such a manner.
      • You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
      • You may not use the Services to harvest or otherwise collect information about others, including email addresses.
      • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by CloudAround in connection with the CloudAround Site or Services.
      • You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of CloudAround. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
      • In addition to all of the previously mentioned, you are held to the terms of use of the services you use within CloudAround, including but not limited to services which you store your data as well as service we use on the Site for use to our users. 

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of CloudAround. CloudAround reserves the right, at its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit CloudAround’s response to a future complaint. You acknowledge and agree that CloudAround shall not assume or have any liability for any action or inaction by CloudAround with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

 

F. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

Except for the licenses granted herein, You have no right, title or interest in or to CloudAround Services or any content. You agree that CloudAround or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to CloudAround service and content, including, without limitation, text, images, and other multimedia data.

All contents of the CloudAround’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2012 CloudAround, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of CloudAround and/or it suppliers, affiliates, or licensors. All rights reserved.

 

CloudAround and the CloudAround logo are, including without limitation, either trademarks, service marks or registered trademarks of CloudAround, and may not be copied, imitated, or used, in whole or in part, without CloudAround’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

 

CloudAround may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted You licenses to our intellectual property in these terms and conditions, our providing You with such Web pages does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved.

 

G. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

CloudAround respects copyright law and expects Users to do the same. CloudAround expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, CloudAround may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.

 

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide CloudAround the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

CloudAround can be reached at support@cloudaround.com.

 

H. THIRD PARTY CONTENT, SITES AND SERVICES.

All transactions using CloudAround’s services are between the transacting parties only. The Services may contain features and functionalities linking You or providing You with certain functionality and access to third-party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to You as part of the Services. However, CloudAround is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third party. Similarly, we are not responsible for any third-party content You access with the Services, and You irrevocably waive any claim against us with respect to such sites and third-party content. CloudAround shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third party. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for Your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should You have any problems resulting from Your use of any third-party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches of security.

 

CLOUDAROUND HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, CLOUDAROUND DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. CLOUDAROUND DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

 

I. APPLICATION SOFTWARE.

If You have licensed CloudAround’s software that allows You to use the Services on Your mobile (“Mobile Software”), You understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by You through the Mobile Software constitutes “User Content” under Section E. By licensing the Mobile Software, You grant CloudAround and its contractors an irrevocable, royalty-free, worldwide license to access, use, modify, and delete User Content on Your mobile through the Mobile Software for the sole purpose of providing to You the Services, including, without limitation, the backing up, synchronization of files between the Mobile Software and the Site. You acknowledge and agree that CloudAround shall not assume or have any liability for any action or inaction by CloudAround with respect to any such User Content, including, without limitation, the loss of such User Content.

 

Without limiting the generality of Section E, You may not use the Services, including the Mobile Software, in a manner that results in excessive bandwidth usage, as determined by a representative of CloudAround. CloudAround reserves the right, at its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage, including, without limitation, limiting Your bandwidth usage or charging You for such excess usage.

 

 

J. PRIVACY.

CloudAround has established a Privacy Policy to explain to Users how their information is collected and used, which You can read on our Site. Your use of the Services signifies acknowledgment of and agreement to the CloudAround Privacy Policy. You further acknowledge and agree that CloudAround may disclose Your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, at its sole discretion, to protect the rights, property, or personal safety of CloudAround, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

 

K. CLOUDAROUND MAKES NO WARRANTIES.

CloudAround is in no way liable for loss of customer data and under no circumstances will CloudAround be held accountable for any such loss. By becoming a CloudAround user You, the customer, acknowledge that You forfeit the right to hold CloudAround accountable for any and all technical errors, including loss of user files (customer data).

CloudAround does not guarantee length of service. In the event that CloudAround stops offering service, CloudAround will post on the Website as well as send notices to all registered users at least one month in advance.

 

CloudAround intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, CloudAround may make changes and improvements to the information provided herein at any time. CLOUDAROUND PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDAROUND, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH A “CLOUDAROUND PARTY,” AND COLLECTIVELY, THE “CLOUDAROUND PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CLOUDAROUND PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

 

L. LIMITATIONS OF LIABILITY.

IN NO EVENT WILL ANY CLOUDAROUND PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH CLOUDAROUND PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION L IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS IN ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT; (2) BREACH OF WARRANTY; (3) NEGLIGENCE; OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CLOUDAROUND PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, CloudAround is found responsible to any CloudAround User for any reason whatsoever, CloudAround’s responsibility shall be limited to the amounts actually paid by such user for CloudAround’s services, and shall not include punitive damages or consequential or resulting damages of any nature. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CLOUDAROUND AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

M. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE CLOUDAROUND PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT; OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, CLOUDAROUND IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES; (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE; (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER; (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE;OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

N. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, CloudAround, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You. CloudAround reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with CloudAround in asserting any available defenses.

 

O. TERMINATION OF SERVICE.

CloudAround reserves the right to terminate without notice Your password, account or use of CloudAround Services and delete any data within the CloudAround service, at our sole discretion, without cause and/or without notice. You may terminate Your user account upon notice to CloudAround at any time. Upon termination by CloudAround or at Your direction, You may request a file of Your data, which CloudAround will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CLOUDAROUND’S SYSTEMS MAY NOT BE RETRIEVED, and CloudAround shall have no obligation to maintain any data stored in Your account or to forward any data to You or any third party.

 

P. REFUND OF CHARGES.

CloudAround does not sell it’s software directly to Users, therefore Users are bound to the return policy of the authorized vendor involved in the sale of CloudAround software. CloudAround offers no expressed or warranties implied.

 

Q. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia, excluding its conflicts-of-law principles. Please note that Your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CloudAround or relating in any way to Your use of the Services resides in the Viginia State courts of New Kent County, Virginia and the Federal Court of the Eastern District of Virginia. You further agree and expressly consent to the exercise of personal jurisdiction in the above courts in connection with any such dispute, including any claim involving CloudAround or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If CloudAround, in CloudAround’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, CloudAround will be entitled to recover from You as part of such legal action, and You agree to pay, CloudAround’s reasonable costs and attorneys’ fees incurred as a result of such legal action. You expressly agree and accept that any claims that You may have against CloudAround under this Agreement shall only be brought against CloudAround LLC.

 

R. NOTICES TO CLOUDAROUND.

You may notify us by email at support@cloudaround.com.

 

S. OTHER TERMS.

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

CloudAround imposes certain restrictions on Your use of the Site and the Services. You represent and warrant that You will not: (a) violate or attempt to violate any security features of the Site or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Site or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (e) use the Site or Services to send unsolicited email, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Site or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CloudAround in providing the Site or Services. Any violation of this section may subject You to civil and/or criminal liability.

 

T. MISCELLANEOUS.

CloudAround may assign this contract to another party, in whole or in part, at any time with or without notice to You. You may not assign this contract, or any part of it, to any other party. Any attempt by You to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM COULD FIRST BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNEES. The failure of CloudAround to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

 

U. COPYRIGHT COMPLAINTS AND REMOVAL POLICY.

CloudAround provides services that permit registered users of the CloudAround Web site (Users) to store content on the Web. CloudAround does not tolerate infringing material on its equipment or network, and may remove content that appears to infringe any copyright or other intellectual property rights or otherwise violates this contract.

 

CloudAround (“CloudAround”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, CloudAround will respond expeditiously to claims of copyright infringement committed using the CloudAround service and/or the CloudAround website (the “Site”) if such claims are reported to CloudAround’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to CloudAround’s Designated Copyright Agent. Upon receipt of Notice as described below, CloudAround will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

 

Email this Notice, with all items completed, to CloudAround at support@cloudaround.com

 

 

If You believe that Your copyright of any material has been infringed on a site hosted on CloudAround’s equipment or through its services, please send a Digital Millenium Copyright Act (DMCA) Notice to CloudAround. Once we receive a complete DMCA Notice, we will then evaluate Your notice and take such action as is appropriate under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq. Please contact support@cloudaround.com in this case.

Federal law requires Your DMCA Notice to include the following information:

  • Identification of the copyrighted work that You claim has been infringed;
  • Identification of the material, including URL, that You claim is infringing, with enough detail so that we may locate it;
  • Your address, telephone number, and email address;
  • A statement declaring under penalty of perjury that (a) You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in Your notice is accurate; and (c) You are the owner of the copyright interest involved or You are authorized to act on behalf of that owner; and
  • Your physical or electronic signature. 

Please note that CloudAround, at its sole discretion, may terminate the account of any User about whom CloudAround receives more than one complaint of copyright infringement.

If You have any questions about this policy, please contact CloudAround at support@cloudaround.com.

 

* CloudAround is a service of CloudAround LLC. CloudAround LLC and its CloudAround service are collectively referred to herein as CloudAround.