Company may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by Company on the Website. Your continued use of the Company Services after Company posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the pictures, comments, and other Content you post on the Website and that you make available directly or indirectly to other Users. Your Content that you upload may not include any form of Prohibited Content. Despite this prohibition, information, materials, products or services provided by other Company Users (for instance, in their profile or images) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Company assumes no responsibility or liability for this material. If you become aware of misuse of the Company Services by any person, please email [email protected] and include in your email a URL to the material in question.
Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, or images) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Company Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Company
expressly reserves the right to remove any or all of your images, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Company Services if Company determines, in its sole discretion, that you have violated this Agreement or pose a threat to Company and/or its Users.
Copyright. Unless otherwise indicated, the materials contained at this Website are owned and copyrighted by Company. © 2021 Cloud Concepts, LLC, 1826 Delta Avenue, Nashville, Tennessee 37208. All rights reserved.
Trademarks and Logos. The trademarks, service marks, and logos (the “Trademarks”) displayed and used on this Website, are unregistered trademarks of the Company. The absence of a Trademark from this list does not constitute a waiver of Company’s trademark or other intellectual property rights concerning that trademark. Fair use of Company’s Trademarks to refer to Company’s Company Services requires obvious acknowledgment of Company’s ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from Company. Nothing on this Website should be construed as granting any license or right to use any Trademark without the written permission of Company.
Eligibility. Use of the Company Services and/or registration to be a Member for the Company Services (“Membership”) or a Vistor is void where prohibited. By using the Company Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Company Services does not violate any applicable law or regulation. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Company Services. You may terminate your Membership at any time, for any reason, by contacting the Company. Company may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the Company Services is terminated, this Agreement will remain in effect in its entirety. Products and Orders. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Product descriptions or product pricing are subject to change at anytime without notice in our discretion. We may discontinue a product at any time. Any offer for a product made on this site is void where prohibited. We do not warrant that the quality of our product or other items purchased will meet your expectations. The products we offer are subject to return or exchange only according to our return policy printed on your statement. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse an order. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review the terms and conditions on your shipping statement, including our Returns Policy.
Use by Users. The Company Services are for the personal use of Users. Illegal and/or unauthorized use of the Company Services is prohibited. Commercial advertisements and other forms of unauthorized solicitation may be removed from images and/or Member profiles without notice or explanation and may result in termination of Membership privileges. Company reserves the right to take appropriate legal action for any illegal or unauthorized use of the Company Services.
Proprietary Rights in Content on Company.
Company does not claim any ownership rights in the text, files, images, photos, works of authorship, or any other materials (collectively, “Content”) that you post on or through the Company Services. By displaying, publishing or posting any Content on or through the Company Services, you hereby grant to Company and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Website in any media formats through any media channels.
You represent and warrant that: (i) you own the Content posted by you on or through the Company Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Company Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Company Services.
The Company Services contain Content of Users and other Company licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Company Services.
Although the Website and other Company Services are normally available, there will be occasions when the Website or other Company Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Company. Also, although Company will normally only delete Content that violates this Agreement, Company reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Company in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Company encourages you to maintain your own backup of your Content. In other words, Company is not a backup service. Company will not be liable to you for any modification, suspension, or discontinuation of the Company Services, or the loss of any Content.
Company may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. However, Company may choose to monitor such Content at any time, in its sole discretion. If at any time Company chooses to monitor the Company Services, Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Company Services, and any material or information that you transmit to other Users and for your interactions with other Users.
You must use the Company Services in a manner consistent with any and all applicable laws and regulations. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Company Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Company:
is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
includes a photograph of another person that you have posted without that person’s consent; or
violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
You are solely responsible for your interactions with other Users. Company reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Users.
Your use of the website is at your sole risk unless otherwise explicitly stated. The website, including the information, services and content is provided on an “as is” “as available” and “with all faults” basis. Company disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Company makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the website. Company makes no warranty or representation that: (a) the website will be uninterrupted, timely, secure, or error- free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses.
Limitation on liability.
In no event shall company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the company services, even if company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the company services during the term of membership.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the State of Tennessee to resolve any dispute arising out of the Agreement or the Company Services.
You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Company Services causes Company to be liable to another.
Protecting Copyrights and Other Intellectual Property.
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Company Services in a way that constitutes copyright infringement, please contact us at [email protected].
This Agreement is accepted upon your use of the Website or any of the Company Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.