SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that CustomCloud365 LLC provides to User is
subject to the following Terms of Use ("TOU"). CustomCloud365 LLC
reserves the right to update the TOU at any time without notice to User. The
most current version of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by
reference other provisions applicable to use of CustomCloud365, including, but
not limited to, supplemental terms and conditions set forth hereof
("Supplemental Terms") governing the use of certain specific material
contained in CustomCloud365's website and app, sets forth the terms and
conditions that apply to use of CustomCloud365 by User. By using CustomCloud365,
LLC (other than to read this Agreement for the first time), User agrees to
comply with all of the terms and conditions hereof. The right to use
CustomCloud365 is personal to User and is not transferable to any other person
or entity. User is responsible for all use of User's Account (under any screen
name or password) and for ensuring that all use of User's Account complies fully
with the provisions of this Agreement. User shall be responsible for protecting
the confidentiality of User's password(s), if any.
B. CustomCloud365 LLC shall have the right at
any time to change or discontinue any aspect or feature of CustomCloud365, including,
but not limited to, content, hours of availability, and equipment needed for
access or use.
2. Changed Terms
CustomCloud365 LLC shall have the right at any time to
change or modify the terms and conditions applicable to User's use of CustomCloud365,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on CustomCloud365 or by
electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of CustomCloud365, by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Web property, CustomCloud365 LLC provides User
with access to a variety of resources, including download areas, communication
forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
4. Equipment
User shall be responsible for obtaining and maintaining all
telephone, computer hardware, software and other equipment needed for access to
and use of CustomCloud365 and all charges related thereto.
5. User
Conduct
A. User shall use CustomCloud365 for lawful
purposes only. User shall not post or transmit through CustomCloud365 any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without CustomCloud365 LLC 's
express prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in CustomCloud365 LLC 's
discretion restricts or inhibits any other User from using or enjoying
CustomCloud365 will not be permitted.
B. CustomCloud365 contains copyrighted material,
trademarks and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire contents of
CustomCloud365 are copyrighted as a collective work under the United States of
America’s copyright laws. CustomCloud365 LLC owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. User may download copyrighted material for
User's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of CustomCloud365, LLC and the copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make
available on CustomCloud365.com any material protected by copyright, trademark
or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User. User shall be
solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of CustomCloud365. User automatically grants, or warrants that
the owner of such material has expressly granted CustomCloud365 LLC the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User's personal use.
D. The foregoing provisions of Section 5 are for
the benefit of CustomCloud365 LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own
behalf.
E. If applicable, User expressly represents and
warrants that it will fully comply with HIPAA, including
ensuring
that all individuals it allows to access the Software’ account and the Software
Platform
are allowed
under HIPAA and under relevant state privacy laws. CustomCloud365 LLC takes
no
responsibility for
any
liability associated with Customer's acts or omissions related to whom Customer
allows to
access the
Software and the Software Platform, and Customer shall indemnify and
defend
CustomCloud365 LLC against all claims or administrative investigations or
actions which arise from
User's use,
authorization to allow others to use, or failure to prevent unauthorized use,
of theSoftware
or the
Software Platform.
6. USE OF
SERVICES
The Services may contain email services, bulletin board
services, chat areas, news groups, messaging, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees
to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, User agrees
that when using the Communication Services, User will not:
θ Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
θ Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
θ Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
θ Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the
same.
θ Use any material or information, including images or
photographs, which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
θ Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or property of
another.
θ Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically allows
such messages.
θ Download any file posted by another user of a Communication
Service that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
θ Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
θ Restrict or inhibit any other user from using and enjoying
the Communication Services.
θ Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
θ Harvest or otherwise collect information about others,
including email addresses.
θ Violate any applicable laws or regulations.
θ Create a false identity for the purpose of misleading
others.
θ Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
CustomCloud365 LLC has no obligation to monitor the
Communication Services. However, CustomCloud365 LLC reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. CustomCloud365 LLC reserves the right to
terminate User’s access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. CustomCloud365 LLC reserves
the right at all times to disclose any information as it deems necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in CustomCloud365 LLC 's sole discretion.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or dissemination; User
is responsible for adhering to such limitations if User downloads the
materials.
Always use caution when giving out any personally
identifiable information in any Communication Services. CustomCloud365 LLC does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, CustomCloud365 LLC specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from User’s participation in any Communication Services.
Managers and hosts are not authorized CustomCloud365 LLC spokespersons, and
their views do not necessarily reflect those of CustomCloud365 LLC
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account,
User must complete the registration process by providing CustomCloud365 LLC
with current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of User’s password and
account. Furthermore, User is entirely responsible for any and all activities
that occur under User’s account. User agrees to notify CustomCloud365 LLC immediately
of any unauthorized use of User’s account or any other breach of security.
CustomCloud365 LLC will not be liable for any loss that User may incur as a
result of someone else using User’s password or account, either with or without
User’s knowledge. However, User could be held liable for losses incurred by
CustomCloud365 LLC or another party due to someone else using User’s account or
password. User may not use anyone else's account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
Any software that is made available to download from the
Services ("Software") is the copyrighted work of CustomCloud365 LLC
and/or its suppliers. Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be unable to install
any Software that is accompanied by or includes a License Agreement, unless he
or she first agrees to the License Agreement terms.
The Software is made available for download solely for use
by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CustomCloud365 LLC
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CustomCloud365 LLC MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. [NAME OF COMPANY] DOES NOT MAKE ANY ASSURANCES WITH REGARD
TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON
THIS WEBSITE
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
CustomCloud365 LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CustomCloud365 LLC AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL CustomCloud365 LLC AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CustomCloud365 LLC AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL CustomCloud365,LLC
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO CustomCloud365 OR POSTED
AT ANY OF ITS WEBSITES
CustomCloud365 LLC does not claim ownership of the
materials User provide to CustomCloud365 LLC (including feedback and
suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public or
private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting ("Posting") User’s Submission User is granting
CustomCloud365 LLC , its affiliated companies and necessary sublicensees
permission to use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all CustomCloud365 LLC’S
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Submission; to publish User’s name in connection
with User’s Submission; and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of
User’s Submission, as provided herein. CustomCloud365 LLC is under no
obligation to post or use any Submission User may provide and CustomCloud365,
LLC may remove any Submission at any time in its sole discretion. By Posting a
Submission User warrants and represents to own or otherwise control all of the
rights to User’s Submission as described in these Terms of Use including,
without limitation, all the rights necessary for User to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), User
warrant and represent that (a) User is the copyright owner of such Images, or
that the copyright owner of such Images has granted User permission to use such
Images or any content and/or images contained in such Images consistent with
the manner and purpose of User’s use and as otherwise permitted by these Terms
of Use and the Services, (b) User have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such
Images. By Posting Images, User is granting (a) to all members of User’s
private community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
User’s Images in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name attached to
such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove
such Images from the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to the time User
completely remove such Images. No compensation will be paid with respect to the
use of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF
CustomCloud365 IS AT USER'S SOLE RISK. NEITHER CustomCloud365 LLC, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT CustomCloud365 WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF CustomCloud365, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
CustomCloud365.
B. CustomCloud365 IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES
THAT CustomCloud365 LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL CustomCloud365 LLC OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CustomCloud365
OR THE CustomCloud365 LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CustomCloud365.
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, CustomCloud365 LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CustomCloud365, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE –
NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE
TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,
FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES,
FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL
NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG
AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS
UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE CustomCloud365,
LLC’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CustomCloud365 LLC
AND CustomCloud365 LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. CustomCloud365 IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. CustomCloud365 IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY CustomCloud365 LLC OF THE SITE.
14. UNSOLICITED IDEA SUBMISSION POLICY
CustomCloud365 LLC 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 CustomCloud365 LLC’S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CustomCloud365, LLC . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
CustomCloud365 LLC OR ANYONE AT CustomCloud365 LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
CustomCloud365 LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. Monitoring
CustomCloud365 LLC shall have the right, but not the
obligation, to monitor the content of CustomCloud365, including messaging platforms and
forums, to determine compliance with this Agreement and any operating rules
established by CustomCloud365 LLC and to satisfy any law, regulation or
authorized government request. CustomCloud365, LLC shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or
posted on CustomCloud365. Without limiting the foregoing, CustomCloud365, LLC shall have the
right to remove any material that CustomCloud365 LLC, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
16. Indemnification
User agrees to defend, indemnify and hold harmless
CustomCloud365 LLC, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of CustomCloud365, LLC by User or User's Account.
17. Termination
Either CustomCloud365 LLC or User may terminate this
Agreement at any time. Without limiting the foregoing, CustomCloud365 LLC shall
have the right to immediately terminate User's Account in the event of any
conduct by User which CustomCloud365, LLC , in its sole
discretion, considers to be unacceptable, or in the event of any breach by User
of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for CustomCloud365
established by CustomCloud365 LLC constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the
Texas, U. S. A, without regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
CustomCloud365, LLC its logos are trademarks of
CustomCloud365 LLC Ltd. All rights
reserved. All other trademarks appearing on CustomCloud365, LLC are the property of their respective
owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.