Terms & Conditions
BY USING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF LOCATION.
Upon access to this Website, Users agree to accept the following Terms and Conditions Policy. www.AppsAtCloud.com ("Website") is owned and operated by APPS AT CLOUD LIMITED, (herein known as "apps@cloud"). Terms such as "our", "us", or "we" shall be used within this Agreement and refers to apps@cloud owners and operators.
A. ACCEPTANCE OF THIS POLICY
The Terms set forth within this legally binding Terms of Use pertain to the use of www.AppsAtCloud.com and the use of any subpages or applications. Any User of this Website agrees to be responsible for compliance with any applicable jurisdiction whether it be local, state, federal, and international laws simply by accessing the Website. If you do not agree with any of the Terms, Users are prohibited from using or accessing the Website, and are required to log off immediately. The Materials contained in this Website are registered and protected by applicable copyright and trademark laws.
The Term "User" and "Users" refer to any individual or company representative who represents a company and/or its affiliates. Any User that represents a company is required to have the authority as an entity, and is stating they have full consent and authority to make such binding decisions.
B. MODIFICATIONS
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice. Users may find the most recent version of these Terms on the Website, with the date of last modification. Users agree that such modifications shall become effective immediately upon the posting thereof, and you hereby waive any right you may have to receive specific notice of such changes or modifications. Therefore, we encourage you to check the date of our Terms whenever you visit this Website to check if they have been updated. Users are responsible to review these Terms on a regular basis to keep up-to-date on any changes. If you do not agree to any revised Terms your sole recourse is to immediately stop all use of the Website and any services offered via the Website. Users who continue to use the Website and any of its services following the posting of modifications will confirm that the modified Terms are accepted.
C. SERVICE ELIGIBILITY
We are a web-based service that enables Users to create their own database or software app. Users represent and warrant theyre (a) at least 18 years of age or older and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms; (b) are not a direct competitor of apps@cloud; and (c) have full power and authority to enter into this Policy and in doing so will not violate any other agreement to which you are a party.
D. REGISTRATION GUIDELINES
To obtain and use the apps@cloud Website and its Services, Users are required to register with apps@cloud by completing a registration form and designating an email and password. When registering with apps@cloud you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 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 Website or any services offered.
Users may not authorize any third party to access or use the Website on their behalf. Users are responsible for maintaining the confidentiality and security of the email and password and agree not to share the email and password with third parties. Users are fully and solely responsible for all activities that occur under the email or password. Users agree to immediately notify apps@cloud of any unauthorized use of the email or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of an account.
E. CONSENT TO ELECTRONIC COMMUNICATIONS
By registering with apps@cloud, you understand and agree that we may send you email or other communications or data from apps@cloud regarding apps@cloud, the Website and the Services (and any other communications that we may disclose in these Terms, in our Privacy Policy or elsewhere on the Website), including but not limited to (i) notices about the Website or our services or your use thereof, including any notices concerning changes to our terms and policies and violations of use, (ii) updates, and (iii) promotional information and materials regarding apps@cloud and its products, services, and contests, via electronic mail or other means. Please see our Privacy Policy for more information on the types of communications we may send you and the opportunities we provide to opt-out of receiving such communications.
We allow you to access apps@cloud as it is available on any given day. We may modify, replace, refuse access to, suspend or discontinue apps@cloud, partially or entirely, or to charge and modify prices for apps@cloud. All of these changes shall be effective upon their posting on our Website or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in apps@cloud and all related items.
F. USE OF MATERIAL & LIMITED LICENSE
We provide Materials and information on this Website with full copyright protection. All Materials are under the ownership of apps@cloud and all other Materials labeled with any trademark and service mark are the property of their respective owners. Users acknowledge any usage of the information and/or Materials is the Users sole responsibility, and apps@cloud or its affiliates hold no liability for any usage of its Materials including any fraudulent usage of its Materials. This includes, but is not limited to web content, application content, articles, blog, email correspondences, or any other written content, and are provided only for informative purposes. We use a diverse range of information, text, photographs, designs, graphics, images and other Materials and effects on the Website. Users are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to or from the Website.
Users are prohibited from using the Website to compile a collection of listings, including a competing list for any products or services. Users are prohibited from using the Website or any of its Materials for any unsolicited commercial e-mail listings and is strictly a violation of usage terms. Users are not granted a license under any copyright, trademark, patent or other intellectual property rights in the Materials or the products, services, processes or technology described therein. All such rights are retained by apps@cloud.
Any apps@cloud affiliates shall not be held responsible for any direct, indirect, incidental, special, exemplary or consequential damages of any kind whatsoever as a result of, or relating to, the use of this Website, other Websites or resources linked to or accessed through this Website. Furthermore, apps@cloud shall not be held responsible for any and all claims, liabilities, losses, business interruption, or other data, cost and expenses (including attorney fees) resulting from the use of any and all Materials found on this Website.
Users are granted a limited, non-sublicensable license (the "License") to access, download, store, display on their computer, view, listen to, play and print Materials that we publish via the Website or application that is made available for download through the Website subject to the following: (a) the Materials may be used solely for the Users personal, informational, or commercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. Any unauthorized or prohibited use of Materials may subject the user to civil liability and criminal prosecution under applicable federal, state and international laws. In the event illegal use is conducted the User shall be held liable, while apps@cloud and its affiliates, hold no responsibility for User actions and cooperate with the law regarding any investigation requests.
G. USER CONTENT
We permit the submission, posting and transmission of news, news links, data, information, or other items or content on the Website ("User Content"). Users are solely responsible for the User Content posted on the account, and agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, profane, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private personal information of any third party, including, without limitation, personal addresses, personal phone numbers, personal email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. User Content that contains undesirable images of, content regarding, or links or references to tobacco and alcohol products, illegal drugs, excessive violence or prejudicial or discriminatory content; and
9. User Content that, in the sole judgment of apps@cloud, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose apps@cloud or its users to any harm or liability of any type.
Any use of the Website in violation of these Terms, may result in, among other things, termination or suspension of your rights to use the Website and any services. Users remain solely liable for all User Content submitted or posted on the Website or through any service. apps@cloud takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is apps@cloud liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your access and use of User Content and posting of submissions is at your own risk. As a provider of interactive services, apps@cloud is not liable for any statements, representations or User Content provided by its users on the Website. Although apps@cloud does not routinely review User Content and has no obligation to review, screen, edit or monitor any of the User Content posted on the Website, apps@cloud reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and youre solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. apps@cloud reserves the right, in its sole discretion, to determine whether and what action to take in response to particular User Content, and any action or inaction in a particular instance shall not dictate or limit apps@cloud's response with respect to other User Content.
Users represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to submit and post such User Content to the Website and grant the licenses granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
When you submit any User Content to us, including any personal information not protected in the Privacy Policy, you grant apps@cloud and its affiliates a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any form or media. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform apps@cloud in the event that any such information has changed since your registration with apps@cloud and, if appropriate, you agree to make such modifications yourself to your profile.
H. USER CONDUCT
Users must agree to not "Abuse" the Website or any applications provided. In using the Website or any services, you agree to comply with the following rules of conduct (the "Conduct Rules") and not to Abuse the Website or any services, without limitation, to:
1. Defame, harass, stalk, threaten, abuse or otherwise violate others rights as defined by applicable law;
2. Harm or interfere with the operation of others computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;
3. Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software;
4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark;
5. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;
6. Download or upload files that are unlawful to distribute through the Website;
7. Interfere with or disrupt the Website, servers or networks connected to the Website, including attempting to interfere with the access of any other User, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Website;
8. Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process, computer systems or otherwise, create unreasonable load upon any of computer hardware, network, storage, input/output or electronic control devices or infrastructure;
9. Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;
10. Falsely use a password or personal identification number during logging into the Website, or misrepresent ones identity or authority to act on behalf of another; and/or
11. Violate this Agreement in any other manner.
I. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
You agree that apps@cloud or its licensors retain all ownership of and proprietary rights, title and interest, including copyright and all other intellectual property rights, in and to the Website, the Materials and any services. Our apps@cloud URL, apps@cloud logo and any other product or service names or slogans of apps@cloud contained in the Website include without limitation, either trademarks, service marks or registered trademarks of apps@cloud, and may not be copied, imitated, or used, in whole or in part, without apps@cloud'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. You may not use any metatags or any other "hidden text" utilizing "apps@cloud" or any other name, trademark or product or service name of apps@cloud without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of apps@cloud and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Website 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 Website pages does not give you any license to our intellectual property.
All rights not expressly granted herein are reserved
J. NO WARRANTIES
We intend for the information contained on our Website to be accurate and reliable; however, errors sometimes may occur. WE PROVIDE OUR WEBSITE AND ANY 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, APPS@CLOUD, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH CONSIDERED AN "APPS@CLOUD PARTY," AND COLLECTIVELY, THE "APPS@CLOUD PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE APPS@CLOUD 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 THESE TERMS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
K. LIMITATION OF LIABILITY
Users expressly understand and agree that apps@cloud and its subsidiaries, affiliates, employees, agents, partners and licensors shall not be liable to Users 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 apps@cloud has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
IN NO EVENT SHALL APPS@CLOUD BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF
1. ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR
2. THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES.
NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
L. INDEMNIFICATION
Users agree to indemnify apps@cloud from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by the User and/or of these Terms.
M. TERMINATION OF SERVICE
apps@cloud reserves the right to terminate without notice your password, account or use of the Website and any services, to delete any data stored on the Website or in connection with the services, and to block or prevent future access to the Website and the services, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to apps@cloud at any time. Upon termination, any data you have stored on apps@cloud systems may not be retrieved, and apps@cloud shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. It is your sole responsibility to retain copies of any materials you post to the Website through our services.
N. CHOICE OF LAW AND DISPUTES
These Terms are governed by and construed in accordance with the laws in Auckland, New Zealand. By accessing our Website, Users consent to these Terms and to being subject to the jurisdiction of Auckland, New Zealand regardless of physical location. Users are responsible for compliance with other applicable laws within the Users own jurisdiction. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect.
O. MARKETPLACE AND REVENUE PAYMENTS
We do not need to approve any app listed on the marketplace. Furthermore, we do reserve the right to remove any app from the marketplace that we feel must be removed for any reason and without cause. All marketplace payments are made between User sellers and User buyers only, and apps@cloud is not liable or responsible for such payments or transactions in any manner. apps@cloud reserves the right to suspend or deny revenue payment to a User if we believe that User has breached or violated these Terms.
P. PAYMENT OF FEES
apps@cloud uses a third party intermediary to store and manage credit card information as well as payment processing and this intermediary is required to comply with the Payment Card Industry Data Security Standard.
We may terminate or suspend your access to the Website if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records.
Payments or fees are non-refundable. Charges are calculated on a daily basis and processed on a monthly basis at the beginning of each month for the previous month.
Your account will be charged in United States Dollar and the name that will appear on your statement will be - Apps At Cloud.
Q. MISCELLANEOUS
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 and 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. apps@cloud may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign this Terms, 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 WEBSITE, THE WEBSITE MATERIALS OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD 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 ASSIGNS. The failure of apps@cloud to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
R. PRIVACY
Please refer to our
Privacy Policy for information regarding how your personal information is collected and used on the Website.
S. NOTICES TO apps@cloud
You may notify us by e-mail at contact@appsatcloud.com or contact us by mail at: P.O Box 35749, Browns Bay, Auckland 0630, New Zealand.
LAST UPDATED JUNE 17, 2014
