- CloudINX Portals and Content.
Through various CloudINX websites and portals, including but not limited to CloudINX Network, the CloudINX.net Customer Support Portal, and the CloudINX Customer Portal (collectively, "CloudINX Portals"), CloudINX, (Pty) Ltd ("CloudINX") provides you—as a CloudINX customer—with access to a variety of hardware, software, services, web pages, text, documents, and other works of authorship, images, graphics, audio and video content, forums, discussion groups, blogs, and other content (collectively, the CloudINX Portals and foregoing content are referred to as "CloudINX Content").
- Use of Software.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
- Use of Content.
CloudINX Content may contain information that is designated as "confidential," and you agree not to disclose such information without CloudINX's prior written consent.
- Submission of Ideas.
CloudINX or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CloudINX products or marketing strategies might seem similar to ideas submitted to CloudINX. Please do not send your unsolicited ideas to CloudINX or anyone at CloudINX. If despite our request that you not send us your ideas and/or materials, you still send them, please understand CloudINX will not treat them as confidential or proprietary.
The CloudINX Portals contain links to other websites and resources and are provided for convenience only. CloudINX has not necessarily reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by CloudINX of the website or their entities, products, or services.
- Rules of Conduct.
Your use of CloudINX Content is subject to all applicable laws and regulations, and you agree not to violate such laws and regulations. Any attempt to deliberately damage a CloudINX Portal or CloudINX Content is a violation of criminal and civil laws. CloudINX reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through a CloudINX Portal any material or content that violates or infringes in any way the rights of others or solicits, encourages, or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability, or otherwise could violate any applicable law.
You may not engage in any activity on a CloudINX Portal that restricts or inhibits any other user from using or enjoying the CloudINX Portal or CloudINX Content, whether by "hacking," "cracking," "spoofing," or defacing any portions of a CloudINX Portal. You agree not to attempt to gain unauthorized access to any parts of a CloudINX Portal or any user accounts, computer systems, or networks. Access to and use of password-protected or secure areas of a CloudINX Portal is restricted to authorized users only. You agree not to access or use a CloudINX Portal in any manner that could damage, disable, overburden, or impair (or interfere or attempt to interfere with the proper working of) any user accounts, CloudINX computer systems, or CloudINX networks.
You may not post or transmit through a CloudINX Portal any advertising or commercial solicitations; promotional materials relating to services that are competitive with CloudINX; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other potentially harmful or disruptive components; political campaign materials; chain letters; mass mailings; or spam mail. You may not use any robot, spider, site scraper, or other automatic device or process to retrieve, index, "data mine," or otherwise access CloudINX Content. You may not harvest, collect, or use information about CloudINX Portal visitors.
- User Name and Password.
You may not select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. CloudINX reserves the right to reject any user name in our sole discretion. You agree (1) not to share your password(s), account information, or access to CloudINX Content and (2) that you are responsible for maintaining the confidentiality of password(s) and account information and for all activities that occur under your password(s) or account(s) or as a result of your access to a CloudINX Portal. You agree to immediately notify CloudINX of any unauthorized use of your account or any other breach of security. CloudINX will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
- Rights in Your Content.
By displaying, publishing, and/or making available for download and use of any content, you represent and warrant that you are the owner of all rights in the content. You further grant CloudINX a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute the content which you submit, post, or display on or through a CloudINX Portal. You agree that this license includes a right for CloudINX to make such content available to other companies, organizations, or individuals with whom CloudINX has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that CloudINX may (a) transmit or distribute the content over various public networks and in various media; and (b) make such changes to the content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit CloudINX to take these actions. You confirm and warrant to CloudINX that you have all the rights, power, and authority necessary to grant the above license.
- Export Control.
Any personal information collected on a CloudINX Portal may be accessed and stored globally and will be treated in accordance with the CloudINX Privacy Statement
Term and Termination.
- General Terms.
- Terms Applicable to CloudINX Content.
The trademarks, logos, trade names, and service marks ("Marks") displayed on CloudINX Content are the property of CloudINX or other third parties. You are not permitted to use these Marks without the prior written consent of CloudINX or such third party which may own the Mark
- Notice and Procedure for Making Claims of Copyright Infringement.
To file a notice of infringement with us, please provide the following information to the CloudINX-designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
A descriptionof the material that you claim is infringing the copyrighted work listed in item #1.
An address, telephone number, and an email address where the alleged infringing party can contact you.
The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your electronic or physical signature.
To file a counter notification with us, please provide the following information to the CloudINX-designated copyright agent listed below:
- A description of the material that CloudINX has removed or to which CloudINX has disabled access.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, North Carolina, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your electronic or physical signature.
Please send notifications of infringement and counter notifications to the designated agent.
Thank you for your partnership
THE FOLLOWING SHALL APPLY EXCEPT WHERE EXPRESSLY PROHBITED BY APPLICABLE LAW. CLOUDINX PORTALS AND CLOUDINX CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF CLOUDINX CONTENT IS AT YOUR OWN RISK. CLOUDINX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF CLOUDINX CONTENT. CLOUDINX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF A CLOUDINX PORTAL IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR FUNCTIONALITY THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON A CLOUDINX PORTAL OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY CLOUDINX AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER CLOUDINX NOR ITS AFFILATES IS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH A CLOUDINX PORTAL OR CLOUDINX CONTENT, EVEN IF CLOUDINX OR ITS AFFILATES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE CLOUDINX PORTAL OR CLOUDINX CONTENT; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A CLOUDINX PORTAL, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) CLOUDINX CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.