Terms Of Use

Last Updated: December 2, 2014

Please read these Terms of Use (“Terms”) carefully. By downloading, accessing, or using the mobile applications, websites, or other products or services of CloudContacts, Inc. and our affiliates (“CloudContacts”, “we” or “us”), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the “Services”), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

Our Office

CloudContacts is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating CloudContacts accounts.

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one CloudContacts account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Privacy

The CloudContacts Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines., which may be updated from time to time.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that CloudContacts is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding CloudContacts or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of CloudContacts. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

CloudContacts Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “CloudContacts Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of CloudContacts Content may violate such laws and these Terms. Except as expressly provided in these Terms, CloudContacts does not grant any express or implied rights to use CloudContacts Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, CloudContacts Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and CloudContacts Content. This license is revocable at any time. This license is subject to these Terms and does not include:

  • The distribution, public performance, or public display of CloudContacts Content;
  • Modifying or otherwise making any derivative uses of the Services or CloudContacts Content, or any portion thereof;
  • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, CloudContacts Content, or any information contained therein, except as expressly permitted on the Services;
  • Accessing the CloudContacts API with an unauthorized or third-party client; and
  • Any use of the Services or CloudContacts Content other than for their intended purposes.

Any use of the Services or CloudContacts Content other than as specifically authorized in these Terms, without the prior written permission of CloudContacts, is strictly prohibited and will terminate the license to use CloudContacts granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
  • Use or attempt to use another user’s account without authorization;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory, or stalking conduct;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of CloudContacts, including the iTunes App Store Terms Of Service or the Android Market Terms Of Service. Posting CloudContacts usernames in app store reviews is strictly prohibited and may result in us deleting your CloudContacts account.

Account Security

After opening a CloudContacts account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the CloudContacts API. If you use any such application or client, you acknowledge and agree that CloudContacts will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.

Modificatioons to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Copyright Policy

CloudContacts respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If CloudContacts becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:

CloudContacts, LLC
Attn: Copyright Agent
95 Chestnut Street
Providence, RI 02903
copyright@CloudContacts.com

To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 7 U.S.C. § 512(c)(3)1. That means that the notice must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CloudContacts to locate the material.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CloudContacts to locate the material.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

THE SERVICES AND THE CLOUDCONTACTS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CLOUDCONTACTS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

Note to International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Disputes

  • Indemification
    By agreeing to these Terms you agree to indemnify, defend, and hold harmless CloudContacts, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “CloudContacts Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
  • Limitation of Liability
    Except where prohibited by law, in no event will CloudContacts or the CloudContacts Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if CloudContacts has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against CloudContacts for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, CloudContacts is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, CloudContacts’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
  • Forum and Venue
    A lawsuit, if any, by you or CloudContacts against the other will occur in state or federal court in Providence, Rhode Island. You and CloudContacts agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and CloudContacts will be governed by these Terms and the laws of the State of Rhode Island and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and CloudContacts. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your CloudContacts account.

Questions and Comments

CloudContacts welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.CloudContacts.com.