Terms and Conditions

By using this Site you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use this Site and its Services if you agree to abide by all applicable laws and these Terms and Conditions. If you do NOT accept these Terms and Conditions, then you must discontinue use of this Site.

Modification of These Terms and Conditions

We may modify these Terms and Conditions from time to time. Such modification shall be effective upon posting to the Site. Your continued use of the Site will signify your acceptance of any modification to these Terms and Conditions. You should review these Terms and Conditions regularly to ensure that you are up to date as to any changes. These Terms and Conditions constitute the entire agreement regarding your use of the Site and its Services and supercede any prior Terms and Conditions.

Privacy Statement

We are committed to protectng your privacy. You may review our complete Privacy Policy at https://cloudinout.com/privacypolicy.htm

Use of This Site

Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately at our sole discretion, without notice, if you fail to comply with any provision of this Agreement and/or additional terms, or for any other reason, or no reason.

You expressly agree not to:

  • Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;


  • Take any action that imposes, or may impose, in our opinion, an unreasonable or disproportionate burden on our infrastructure; and


  • "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.


    • Content on the Site

    Material on this Site may be protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.

    The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions of material to us, the Site or others (herein referred to as "Postings"). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We reserve the right to, at our sole discretion, modify or remove any such Postings from the Site.

    Without limiting the foregoing, the following behaviors are strictly prohibited:

  • Strong, vulgar, obscene or otherwise harmful language,


  • Racially, ethnically or otherwise, objectionable language,


  • Harassing, intimidating, stalking or threatening other community members,


  • Libelous, defamatory or otherwise tortious language,


  • Online vandalism,


  • Impersonation of another person,


  • Posting, distributing, transmitting or promoting illegal content,


  • Invasion of another's privacy,


  • Actions that are hurtful to minors,


  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,


  • Posting, providing, transmitting or otherwise making available any junk mail or spam,


  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.


    • We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.

    Intellectual Property

    You represent and warrant that:

  • you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and


  • the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, living or dead, or corporation.


    • By displaying or posting content on the Site, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Site. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.

    Links

    If you create a link to a page of this Site you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Site by linking to it.

    This Site may provide links to other websites or resources. We do not monitor or review the content of other party’s websites which are linked to from this Site and have no control over such sites and resources. You acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any opinions, content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource. Further, please be aware that we are not responsible for the privacy practices of these other sites. You acknowledge and agree that we are not responsible for any loss or damage resulting from your disclosure to third parties of personal information therefore we encourage our users to be aware when they leave our Site and to review the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this Site or accessed through this Site yourself, before disclosing any personal information to them.

    Communications Decency Act of 1996

    Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available by searching for Parental Control Protection.

    Indemnity

    You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or its Services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

    Disclaimers and Limitation of Liability

    You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

    IN NO EVENT SHALL THE SITE OR ITS OWNER 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 SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

    If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of South Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of South Carolina, City of Charleston. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of South Carolina with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

    The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. Our failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to excersize any option to terminate, shall not be construed as awaiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing as posted here.

    CloudInOut.com