Terms & Conditions
INTRODUCTION
These are the terms and conditions governing the use of https://cloudbinary.org, (the Website) and the agreement that operates between us and you (the Terms). The Website is owned and operated by CLOUDBINARY LLC (us/our/we) and these Terms set out the rights and obligations of all users (you/your) in relation to your use of the Website.
Please read carefully these Terms and our Privacy Statement. By using the Website, you are consenting to be bound by the current Terms and our Privacy Statement. We may revise the Terms and information contained on the Website at any time and without notice. If you do not agree to these Terms or the Privacy Statement, please refrain from using the Website.
If you have any questions about the Terms or the Privacy Statement, please contact us through mail at ceo@cloudbinary.org.
CONDUCT OF USE
You are not allowed to use this website in any way that is unlawful, abusive, threatening, harassing, obscene, libellous, hateful, or in any other way violating these terms and conditions.
LIABILITY
The material contained within the Website is provided without any guarantees, conditions or warranties as to its accuracy. CLOUDBINARY LLC does not represent that information contained on or available via the Website is accurate or complete and accordingly, it should not be relied on as such. You should not rely on any such information. Any arrangements made between you and any other person, using or named on the Website are entirely at your sole risk and responsibility.
To the extent permitted by law, we, 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 loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any material posted on it;
any liability for any bugs or faults in our systems or tools; and
any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
LIMITS OF USE
You may use our Website only for lawful purposes. You may not use our Website:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms;
Not to use ad-blocking software;
Not to reuse text or graphics from the Website or parts thereof.
CHANGES TO TERMS
We are committed to ensuring that our website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the services, at any time. We will never charge you for any service without making it very clear to you precisely what you're paying for.
Any new features which are added to the current site shall also be subject to this Terms and condition. You can always review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or retrieve any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SERVICE TERMS
CLOUDBINARY LLC at this moment grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.
The use of the Service is at the User's own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The User will at all times bear the risk of loss, theft or damage to any of its data.
CLOUDBINARY LLC will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content, or to limit or refuse the User access to the Service. More specifically in the event the use of the Service, according to us, violates these Terms of Use.
We may disclose the User's Personal Data or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or to exercise its constitutional rights of defence against legal claims.
PRICE AND PAYMENT
You must pay in the currency in which the service price is quoted or is selected. If you do not hold an account in the relevant currency you may pay by debit or credit card (or any other method that Spheralogic.com may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at their current rate.
Payment may be made by credit card, debit card or any other such method as Spheralogic.com may introduce at its absolute discretion.
Spheralogic.com reserves the absolute right to accept or refuse any payment made in any form.
Spheralogic.com cannot guarantee that a particular Service will always be available.
To maximise security Spheralogic.com does not hold any credit/debit card details. They are held by third-party payment providers.
Your credit card company may also do security checks to confirm it is you making the Order. Your statutory rights are unaffected by these Terms.
PERSONAL INFORMATION
Your submission of personal information through the store is regulated by our Privacy Policy. You are to view our Privacy Policy.
USER CONDUCT
All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate. You acknowledge and agree that you, and not CLOUDBINARY LLC, are entirely responsible for all Content that you post, or otherwise submit to the Site. CLOUDBINARY LLC does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable.
As a condition of use, you promise to abide by our Content Guidelines and not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by CLOUDBINARY LLC. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate, or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
To communicate with CLOUDBINARY LLC representatives or other users in an abusive or offensive manner;
For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any CLOUDBINARY LLC user;
To create or transmit unwanted ‘spam’ to any person or any URL;
To create multiple accounts for the purpose of voting for users’ Visual Content;
To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
To sell, assign, or otherwise transfer your Profile or account.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to CLOUDBINARY LLC at email: ceo@cloudbinary.org.
If the Services or Site are used in a manner that violates the Terms in any way, CLOUDBINARY LLC may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
FEEDBACK.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us ("Feedback") is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
CYBERSECURITY (DDOS, VIRUSES, KEYLOGGERS, ETC.)
We do encourage people to try and breach into our website to test for vulnerabilities, but before anyone can do so, they need to have a written approval from us, which they can get by emailing us at ceo@cloudbinary.org.
In relation to vulnerabilities, if they find any. They HAVE to submit all of that information.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
IFRAMES
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
INDEMNIFICATION
You agree to indemnify, protect and hold harmless to CLOUDBINARY LLC, subsidiaries, affiliates, partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference or your infringement of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms and conditions is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms of Use, such determination shall not affect the credibility and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
Our inability to exercise or enforce any right or provision of these Terms of Service shall not constitute a discharge of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, pre-empt any prior or synchronous
agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
CONTACT INFORMATION
If you would like to: access, correct, register a complaint, or simply want more information please contact us at ceo@cloudbinary.org
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