This is the excloud.com Agreement. Please read the following
very carefully. By signing up as a member with excloud.com,
and/or by using this site, its products, corporate solutions and
services you hereby agree to the following TERMS AND CONDITIONS
and all associated policies. If you do not agree to the terms
and conditions, you must stop using this site, as these are
legally binding and will affect your right regarding information
and articles you post. This agreement may change from time to
time and you can find the latest version in this page.
This web site provides you with access to a rich collection of
resources, including, but not limited to, various communications
tools, forums, blogs and reviews, along with items that may be
bought or sold ( all of which maybe referred to as "service"
and/or "services"). By using the services available from the
domain and sub-domains of www.excloud.com (the "site" or "web
site"), you are agreeing to the following terms, including the
general principles of websites of our subsidiaries. This Web
Site is provided to you under these "Terms and conditions" and
any amendments or supplements to them that may be posted by
excloud.com, (hereafter, maybe referred just as "excloud.com" or
"excloud" or "company") from time to time (collectively referred
to as this "Agreement"). Your use of this Web Site and the
services provided, shall be deemed to constitute your consent to
be bound by the terms and conditions of the Agreement and shall
be enforceable in the same way as if you had signed the
Agreement.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and
international laws regarding your use of the Web Site,
including, without limitation, laws regarding import/export of
technical data by virtue of your online transmission. Without
exception, under all circumstances, excloud.com cannot be held
responsible for your non-compliance to any of the applicable
laws.
Disclaimer
excloud.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR
BUSINESS MAY SUFFER. excloud.com MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. excloud.com
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY excloud.com AND ITS EMPLOYEES.
excloud.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE
ELSE. HOWEVER, excloud.com MAY ASSIGN THE MEMBER'S CONTRACT, IN
PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO
THE MEMBER. excloud.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS
UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
You will not hold excloud.com responsible for other users'
actions or inactions, including things they post.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT excloud.com SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF excloud.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR
THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE
INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS
WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are
found to be liable, our liability to you or to any third party
is limited to the greater of (a) the total fees you paid to us
in the 6 months prior to the action giving rise to the
liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless excloud.com, its
directors, officers, employees, agents, co-branders,
subsidiaries, parents, and affiliates, from and against any and
all liability, losses, claims, demands, disputes, damages, and
costs of any kind, including, without limitation, reasonable
attorneys' fees and costs of litigation resulting from or in any
way connected with your use of the Web Site; Content you submit,
post, or transmit through the Web Site; your breach of the
Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the specific Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify excloud.com of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each
session. excloud.com cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
USER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
excloud.com, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
this site. excloud.com does not control the Content posted in
this site and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using this site, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will excloud.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited
to, a excloud.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
5. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose (please
read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
11. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
12. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding
contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing
process, or in certain cases fees owed to excloud.com
You acknowledge that excloud.com may or may not pre-screen
Content, but that excloud.com and its designees shall have the
right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available in
this site. Without limiting the foregoing, excloud.com and its
designees shall have the right to remove any Content that
violates the Terms of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that excloud.com may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety
of excloud.com, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
Specific rules for writers
As
a contributor for excloud it's your responsibility to follow all
the rules mentioned under 'USER CONDUCT" section above, as well
as the following specific rules. We may exclude you from further
use of the excloud.com site if you fail to follow any of the
rules. All experiences that you post will be considered as
"content".
As mentioned earlier, you must have all necessary rights to
publish the content you submit to the excloud.com site and YOU
are responsible for making sure you don't violate any copyright,
trademark, trade secret, patent or other rights or the privacy
of others', including the right to transmit the content you
provide to the excloud.com site including complying with all
laws, statues and regulations.
If the content you post is not your own original experience
or work, you must have explicit permission in writing from the
copyright owner.
You accept that excloud.com and any other user of
excloud.com can review and use the content you submitted in
accordance with these terms.
You accept that excloud.com reserves the right to approve or
disapprove any content you post without any explanation.
You must not intentionally or unintentionally violate any
applicable local, state, national, or international law, statute
or regulation.
Free Experience Cloud!
All of the content you find in the excloud is totally free. We
do reserve the right to introduce payable premium services in
the future.
In
addition, all content you see in excloud site is provided
"as-is". The content may very well reflect the opinion of the
author or an employee in a specific subject and may not
necessarily be an experience. excloud does not guarantee the
accuracy of the content. excloud does not endorse any of the
content. You agree to use the content at your own risk. excloud
is only a channel to make the content available for site
visitors.
excloud's rights to the content
By submitting your "experience / content" to excloud, you agree
to the following:
You grant excloud, and its affiliates, network sites, parent
company, owners and associates: a worldwide, perpetual,
irrevocable, royalty-free, transferable, non-exclusive right and
license to use, copy, modify, delete in its entirety, adapt,
publish, translate, display, create derivative works from and/or
sell and/or distribute content posted to excloud.
excloud's rights to the content do also imply rights to use,
in any way, the materials for our own internal business
purposes, and reproduction and distribution for the purpose of
marketing and publicity for excloud.
excloud disclaims any obligation to legally protect your
works or your copyrights, and you acknowledge that we will have
no liability, vicarious, contributory, or otherwise, for any
infringement of any of your intellectual property rights.
You acknowledge that we do not control other users' actions,
including but not limited to their use of your content. We will
have no liability to you for any user's violation of these terms
and no responsibility to you to enforce these terms for your
benefit.
If your content includes one or more links to content hosted
on servers other than ours, it will not be considered uploading
or posting of content to the excloud site, and it is understood
that we will have no right to use or distribute such content
unless it is also uploaded or posted directly to the excloud
site.
By posting your experience, you agree that excloud reserves
the right to "Approve" or "Disapprove and Delete", your content
at its sole discretion. You agree that excloud is not required
to give any explanation when rejecting content and can do so as
excloud may see fit.
If
we decide to change the excloud website or the Cloud Management
algorithms and systems, or our related services and
functionalities, or the way we present content, we are free to
do so at any time without any prior notice. excloud is just a
place to collaborate the experiences of several people, and as
such we have the right but not the obligation to screen or
otherwise control any content posted on excloud. excloud retains
the right, at it sole discretion, to refuse to post or remove
any material submitted or posted on the excloud site which it
believes is in violation of this Agreement.
MISCONDUCT
excloud is designed to be a trusted experience management tag
cloud system for sharing knowledge with options for our site
visitors to rate content. It is our intention to maintain a
system and eliminate any kind of cheating and/or manipulation.
Any misconduct by you, including attempts to manipulate the
rating of excloud content will result in your immediate
termination from excloud, at excloud's sole discretion. Any
attempt by you to generate higher traffic to your content pages
by either using some sort of automated means such as "pay to
surf" sites, robots, spiders, phishing emails, auto-spawning of
browsers, hidden links, automatic browser redirection, blind
text links, misleading links, forced clicks etc. will also
result in your immediate exclusion from excloud.
You
agree not to change anything in the piece of code we generate,
which can be used in your website or blog or email to display
your own excloud. You agree not to misrepresent the intent of
this excloud display by adding anything above, below, in the
same page, in any preceding pages or in any succeeding pages.
You agree that any misrepresentation will result in account
termination and possible legal action against you.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials
available on the excloud site and the software used in
connection with excloud contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. Unless expressly authorized by excloud,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the excloud site's contents,
materials or the software, in whole or in part. Except as
expressly provided in this Agreement, you are NOT granted any
rights or license to any intellectual property with respect to
the excloud site or its contents. excloud reserves all rights
and the name "excloud" and its respective logos, may be excloud
trademarks. You are not allowed to use or display any of these
unless you have our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that excloud.com may, in its sole discretion, and at
any time, modify, discontinue, or suspend its operation of this
Web Site, or any part thereof, temporarily or permanently,
without notice to you, and you agree that excloud.com will not
be liable for the consequences of doing so. You also agree that
excloud.com may, in its sole discretion, and at any time,
completely terminate your use of the Web Site, and may remove or
delete any or all of your Content within the Web Site, without
prior notice to you for any reason that excloud.com, in its sole
discretion, deems appropriate. You further agree that
excloud.com will not be liable to you or to any third party for
the consequences of any termination of your use of or access to
the Website.
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