Terms of Use

Switzerland

Available only in US

United States

CLOUDSIGMA Incorporated, trading as “CloudSigma” (“we”, “us”) takes reasonable care to ensure that the information contained on www.cloudsigma.com (“Website”) is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this Website at any time. You (“you”, “your”) must therefore check these terms of service for any such changes each time you visit this website.

To the best of our knowledge, the information contained within this Website is accurate. Whilst we take reasonable care to ensure its accuracy, CloudSigma makes no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics, advertisements, links or other items. We will not be liable to any visitor to this Website for any information supplied on this Website. Our Website is, provided on an “as is” basis and we do not make any representations or warranties if such information subsequently proves to be inaccurate or out of date. Neither CloudSigma nor any other contributor to this website makes any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. CloudSigma assumes no responsibility and shall not be liable for any damage to, or viruses which may infect your computer equipment or other property by reason of your access to, browsing or use of this Website.

The material and information displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any (direct, indirect or consequential) loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise.

Links to Third Party Websites

Links to third party websites on the Website are provided from time to time solely for your convenience. If you use these links, you leave the Website.

We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.

We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.

If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

You acknowledge and agree that we will not be responsible for the availability of such third party websites and will not be responsible or liable for any content or services available from such third party websites. You should check the privacy statements and terms and conditions of use of third party websites accessible from the Website.

Links to the Website

If you would like to link to the Website, you may only do so subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the “CloudSigma” logos or trademarks;
  • you do not create a frame or any other browser or border environment around the Website;
  • you do not in any way imply that we are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with us nor present any other false information about us;
  • you do not otherwise use any “CloudSigma” trademarks and/or logos displayed on the Website without express written permission from us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the above permission to link to our Website where you are in breach of the Terms of Service and take any other action we deem appropriate. You shall indemnify us fully for any loss or damage suffered by us or any of our associate companies where you are in breach of the above permission to link to the Website.

Changes to the Website

We reserve the right to change the content of this Website including these Terms of Use at any time. Therefore, it is your responsibility to visit the Terms of Use page each time you visit this website to ascertain whether any amendments have been made. If you do not agree to amendments made, you should immediately stop using this site.

Whilst we take every care to ensure that the standard of this Website remains high and to maintain the continuity of it, we do not accept any on-going obligation or responsibility to operate this Website (or any particular part of it).

Your statutory rights are not affected by these conditions.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off and may download extracts of any page(s) from our site for as necessary to use our website and you may draw the attention of others within your organization to material posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Governing Law

You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Personal Information

Any personal information we gather through your use of the Website is processed in accordance with CloudSigma Privacy Policy

Digital Millennium Copyright

Since we respect artist and content owner rights, it is CloudSigma’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Website or is hosted on our servers, please notify CloudSigma’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Information reasonably sufficient to permit CloudSigma to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: CloudSigma, Inc.

Address: Registered in : State of Delaware

Operational office: 2225 e. Bayshore rd. Suite 200

Telephone: +1-650-320-1646

Fax: +1-650-360-6700

Email: copyright@cloudsigma.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying CloudSigma and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CloudSigma’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, CloudSigma has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. CloudSigma may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

How To Contact CloudSigma?

We welcome your views about our Website, Terms of Service and Privacy Policy. You can contact us by sending an email to legal@cloudsigma.com.

Last Updated: 15 July 2013
Copyright CloudSigma INCORPORATED, 2012. All rights reserved.

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