Definitions of key terms are provided at the end.
1. USE OF SITE AND SERVICES
This Site and the Services and/or products offered on this Site are intended for the individual use of customers of CloudVault Hosting. Unless you have entered into a separate License Agreement with CloudVault Hosting, the products and/or services are not for release in corporate systems or re-packaged for resale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.
2. PRICING & BILLING
Payment for products and/or Services is due upon purchase. Prices may be subject to change. CloudVault Hosting does not offer a price guarantee. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable shipping/handling charges and any other applicable taxes that CloudVault Hosting is legally obligated to collect. Prices do not include the costs for the download of services. Such costs including, but not limited to, internet charges are the direct responsibility of the customer. Discount codes are not transferable CloudVault Hosting, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.
We send newsletters to you and will not sell your email address to 3rd parties. You may choose to opt-out of the newsletter at any time by following the unsubscribe instructions in each newsletter or by contacting us directly. By default, all contact from our website is entered into our CRM.
4. PHONE CALLS
When you are in contact with us by phone the call may be monitored or recorded for quality assurances purposes. Your continued participation in any telephone conversation serves as express consent to be monitored or recorded.
5. THIRD-PARTY SERVICES
The Services may contain links to third-party websites. When you click on a link to a Third-Party Website, we will not warn you that you have left the services and are subject to the Terms of Service (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of CloudVault Hosting. CloudVault Hosting is not responsible for any Third-Party Websites. We provide these Third-Party Websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of all Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any translation with any such third party.
7. INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas, and creative works. Isn’t that neat? To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials, appearing on them. The materials available on the site shall remain the property of CloudVault Hosting and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You promise not to steal our stuff and claim it as your own. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You also promise not to copy exactly what we do for your own profit. By submitting Public Content or any other content on the site or otherwise through the service, you grant CloudVault Hosting a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the contents in connection with the site, the service and CloudVault Hosting; (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites, and feeds). Anything you share with us can be used by us. You also grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative work of, display and perform such content in connection with their use of the site and service.
You can keep a secret. You agree not to disclose information you obtain from us and or from our clients, advertisers, or suppliers. You shall not disclose any of CloudVault Hosting’s confidential information without prior written consent. All CloudVault Hosting’s Confidential Information, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by CloudVault Hosting to you, is confidential and solely for your use. Confidential information may not be disclosed or copied unless authorized by CloudVault Hosting. Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of your breach of this Agreement; (ii) is obtained by you on a non-confidential basis from a third- party that was not legally or contractually restricted from disclosing such information; or (iii) you established by documentary evidence, was in your possession prior to CloudVault Hosting disclosure hereunder. Upon CloudVault Hosting’s request, you shall promptly return all documents and other materials received from CloudVault Hosting. All information submitted to Brand Campaigns is proprietary information of CloudVault Hosting. Such customer information is confidential and may not be disclosed. Persons accessing CloudVault Hosting agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
10. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES CloudVault Hosting MAXIMUM LIABILITY IS LIMITED TO $100. CloudVault Hosting SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. CloudVault Hosting SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS, FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT CloudVault Hosting HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. Users of the Site and Services shall hold harmless CloudVault Hosting, and all employees, from and against any and all damages of any kind (including reasonable attorney fees and costs) arising out of any action or proceeding by any third party based upon: (i) your breach of this Agreement, (ii) and Content, information, work product or material supplied, uploaded or posted by an you; (iii) the infringement of the rights of any person or entity related to the use of any Content of Publicity Materials under this Agreement; or (iv) your negligence, fraud, or willful misconduct. you will give CloudVault Hosting prompt written notice of any claim that any Content or Publicity Material infringes the rights of a third party. We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at any time. The information, content, and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.
11. WAIVER & SERVICEABILITY OF TERMS
Sometimes we miss things. If there is a violation of these terms that we do not catch right away, that does not mean that the violation is allowed. These terms are always in effect and will remain so in their entirety while we find and remedy any problems. Any waivers allowed will be on a case by case basis and cannot be used for any other breaches. In the event that any provision of these Terms of Service is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply to the maximum extent permitted by law, and the remainder of these Terms of Service shall remain valid and enforceable according to its terms.
12. ENTIRE AGREEMENT
This agreement shall be governed by and construed in accordance with the laws of California, without any reference to the conflict-of-laws principles. The agreement describes and encompasses the entire agreement between us and you, and supersedes all prior agreements with respect to the Site, the content, and materials provided by or through the Site, and the subject matter of this agreement.
13. CHOICE OF LAW JURISDICTION; FORUM
We are from Santa Clara, California and will handle all of our legal matters here. Regardless of where you may live or your local laws, we are only bound by the laws of our courts. Any dispute, controversy or difference which may arise between the parties out of, in relation to, or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction in the courts of Santa Clara, California.
This Agreement will remain in full force and effect when you use the Website and our Services. You may unsubscribe from our emails at any time. We may terminate your subscription to our emails for any reason at any time. Even after your subscription is terminated, certain sections of this Agreement will remain in effect.
These Terms are a contract between you and CloudVault Hosting.
Contact Us If You Have Any Questions:
If you have any questions or concerns regarding our Terms, please contact us: