Terms of use – CloudMint

TERMS AND CONDITIONS

Introduction
- These terms and conditions shall govern your use of our website, application, etc. (Hereinafter referred to as ‘Our Services’).
- By using our services, you accept these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.
- If you register with our services, submit any material to our services or use any of our services, we will ask you to expressly agree to these terms and conditions.
- You must be at least 18 years of age to use our services. By using our website, application, etc. and thereby agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Our services use cookies; by using our services and thereby agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Copyright notice
- Subject to the express provisions of these terms and conditions:
  - we, together with our licensors, own and control all the copyright and other intellectual property rights in our services and the material on our services; and
  - all the copyright and other intellectual property rights in our services and the material on our services are reserved.

License to use services
- You may:
  - view pages from our services in a web browser;
  - download pages from our services for caching in a web browser;
  - print pages from our services;
  - stream audio and video files from our services; and
  - use our services by means of a web browser,

Subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our services or save any such material to your computer.
You may only use our services for your own personal and business purposes, and you must not use our services for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our services.
Unless you own or control the relevant rights in the material, you must not:
- republish material from our services (including republication on another service);
- sell, rent or sub-license material from our services;
- show any material from our services in public;
- exploit material from our services for a commercial purpose; or
- redistribute material from our services.
- use our services for any purpose other than a personal, non-commercial one;
- disclose any of the Content, including factual content, to any third party except in furtherance of your personal transaction, and only to the extent necessary;
- gather, or attempt to gather, by any automated means, including “screen scraping” or “database scraping,” factual content or any other portion of the Content from our services; or
- employ our Services and content therein, for any unlawful purpose.
Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
We reserve the right to restrict access to areas of our services, or indeed our whole services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our services.

Reservation of Rights:
- You acknowledge and agree that you do not acquire any ownership interest in our services or any other rights there to other than to use our services in accordance with all the terms, conditions and restrictions. Our company and/or our licensors and service providers reserve and shall retain each of their entire right, title, and interest in and to our services. All rights not specifically granted are reserved by our company and it shall own all rights in any functionality, features, modification or customization of our services.

Data Privacy:
- All the data available on our services is the sole property of our Company. We have the right to use, collect, store, create, aggregate, mine, analyze, modify, commercialize, assign, convey, sell, lease, license or transfer our Data in any form, for any purpose, and in any manner. Any such Data provided to you shall be subject to limitations and restrictions imposed by our Privacy Policy and other commercial agreements to which our Company may be a party.

Acceptable use
- You must not:
  - use our services in any way or take any action that causes, or may cause, damage to the services or impairment of the performance, availability or accessibility of the services;
  - use our services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  - use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  - conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our services without our express written consent;
  - access or otherwise interact with our services using any robot, spider or other automated means, except for the purpose of search engine indexing;
  - use data collected from our services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)
- You must not use data collected from our services to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our services, or in relation to our services, is true, accurate, current, complete and non-misleading.

Registration and accounts
- To be eligible for an individual account on our services under this Section 6, you must be at least 18 years of age.
- You may register for an account with our services by completing and submitting the account registration form on our services and clicking on the verification link in the email that the services will send to you.
- You must not allow any other person to use your account to access the services.
- You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- You must not use any other person’s account to access the services unless you have that person’s express permission to do so.

User login details
- If you register for an account with our services, we will provide you with OR you will be asked to choose a user ID and password.
- Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our services arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account
- We may:
  - suspend your account;
  - cancel your account; and/or
  - edit your account details;

at any time, in our sole discretion, without notice or explanation.

You may cancel your account on our services using your account control panel on the services.

Your content: license
- In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our services for storage or publication on, processing by, or transmission via, our services.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this services and any successor services OR reproduce, store and, with your specific consent, publish your content on and in relation to this services.
- You grant to us the right to sub-license the rights licensed under Section 8.2.
- You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content to the extent permitted using the editing functionality made available on our services.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and the use of your content by us in accordance with these terms and conditions must not:
  - be libelous or maliciously false;
  - be obscene or indecent;
  - infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
  - infringe any right of confidence, right of privacy or right under data protection legislation;
  - constitute negligent advice or contain any negligent statement;
  - constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  - be in contempt of any court, or in breach of any court order;
  - be in breach of racial or religious hatred or discrimination legislation;
  - be blasphemous;
  - be in breach of official secrets legislation;
  - be in breach of any contractual obligation owed to any person;
  - depict violence in an explicit, graphic or gratuitous manner;
  - be pornographic, lewd, suggestive or sexually explicit;
  - be untrue, false, inaccurate or misleading;
  - consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  - constitute spam;
  - be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  - cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties
- We do not warrant or represent:
  - the completeness or accuracy of the information published on our services;
  - that the material on the services is up to date; or
  - that the services or any service on the services will remain available.
- We reserve the right to discontinue or alter any or all of our services, and to stop publishing our services, at anytime in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services services, or if we stop publishing the services.
- To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our services and the use of our services.

Limitations and exclusions of liability
- Nothing in these terms and conditions will:
  - limit or exclude any liability for death or personal injury resulting from negligence;
  - limit or exclude any liability for fraud or fraudulent misrepresentation;
  - limit any liabilities in any way that is not permitted under applicable law; or
  - exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
  - are subject to Section 11.1; and
  - govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- To the extent that our services and the information and services on our services are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to our services;
permanently prohibit you from accessing our services;
block computers using your IP address from accessing our services;
contact any or all of your internet service providers and request that they block your access to our services;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our services.

Where we suspend or prohibit or block your access to our services or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Refund and Cancellation
- We believe in customer satisfaction as our utmost priority and hence the products and services which we offer, we believe that is the best customer can get at the price. Our return policy is aligned keeping our valuable customers in mind and hence we have an easy transparent procedure to take care of the same. However, we wish that our customers never need to use the policy, but we do understand that under certain unforeseen conditions it is necessary to cancel/refund the product. Following are the requisites for processing Cancel/refund request for Technical Issue:
  - We understand that in some cases that you may not find the product as per expectation. There might be several reasons for that.
  - Please email at Support@cloudmint.us with order number and reason for cancellation.
  - As soon as we receive the request for cancel/refund of product, the same shall be analyzed.
  - We will try and resolve the technical issues of the product as soon as possible or issue a full refund if the case implies.
  - In case of cancellation, you will get store credit which can be used to purchase any other product from the services.
  - Store credit is valid for lifetime. There is no expiry.
  - We do add almost 100+ stacks on a regular basis so we are sure that you will be able to find a suitable product from our ever-increasing collection.
  - In case of the refund, we do have a flat 7 Day exchange/return policy in such cases, com (____) reserves the right to refuse/cancel a membership in the product portal.
  - If cloudmint.us refuses a new or renewing membership, registrants will be offered a refund.
  - Membership cancellations received within 7 days of registration may be eligible to receive a full refund less INR 500 service fee.
  - Cancellations received after the stated deadline will not be eligible for a refund.
  - Cancellations will be accepted only via e-mail: Support@cloudmint.us and must be received by the stated cancellation deadline.
  - All refund requests must be made by the attendee or credit card holder.
  - Refund requests must include the name of the attendee and/or subscription details.
  - Refunds will be credited back to the original credit card used for payment.
- Notwithstanding to the requisites stated in section 5.1 above, our company reserves its right to approve the refund of any payments to its users. The refund shall be processed only in cases where it is expressly agreed between our company and the concerned user. The refund shall be made only on case to case basis, in view of promoting and maintaining a healthy business relationship with the users.
- Notwithstanding to the requisites stated in section 5.1 above, the refund provided by us shall not imply our acknowledgment of any error on our part nor make us liable for any claims from the user or any third party, based on such refund.

Entire agreement
- Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our services and shall supersede all previous agreements between you and us in relation to your use of our services.

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