PLEASE READ THESE TERMS OF USE (COLLECTIVELY WITH THE CLOUDEE PRIVACY POLICY, AT http://www.cloudee.com/privacy, AND CLOUDEE COPYRIGHT POLICY, AT http://www.cloudee.com/copyright, THE "AGREEMENT" OR THE "TERMS OF USE") FULLY AND CAREFULLY BEFORE USING THE CLOUDEE SERVICES. THE CLOUDEE SERVICES ARE OFFERED BY BOXEE, INC. (REFERRED TO HEREIN AS “CLOUDEE,” “WE” OR “US”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.cloudee.com/ (TOGETHER WITH ANY RELATED PAGES AND SUBDOMAINS, THE "SITE") AND ALL SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY CLOUDEE (COLLECTIVELY WITH THE SITE, THE "SERVICES").
These are the Terms of Use for Cloudee. Read it carefully, because it’s a contract and you should probably know what’s in a contract before you agree to it (this is a good habit to have in life). In this column, we’ve got some explanatory text to help you understand what these terms mean. If you have questions, or don’t like what you see, you can email privacy@boxee.tv
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
By using Cloudee, you agree to everything we say in this contract.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or if you are using the Services or registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use. Cloudee may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
You can’t use Cloudee if you’re under 13 years old. Also, don't create a company account unless the company gives you permission.
You may browse certain portions of the Site without registering, but as a condition to using certain aspects of the Services, you may be required to register with Cloudee by selecting a password and user name or by using your Facebook password and user name (the user name you use for Cloudee is referred to herein as your "User ID"). You shall provide Cloudee with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Cloudee account. You shall not (i) use the Facebook credentials of another person or select or otherwise use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Cloudee reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Cloudee password. You may never use another user's account without such other user's express permission. You must immediately notify Cloudee in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Your account info needs to be accurate. Don’t impersonate someone else.
For purposes of these Terms of Use, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
When we say content, we mean videos, audio clips, stuff you write, photos, software, scripts, graphics, interactive features and other data you find on Cloudee.
You agree that the Services contain Content specifically provided by Cloudee, its partners, or its users, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
Subject to these Terms of Use, Cloudee grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to access and display locally) the Content, solely for personal, non-commercial purposes and solely as intended through the provided functionality of the Services. You shall not download any Content unless you see a “download” or similar link displayed by Cloudee on the Services for the Content. Use, reproduction, modification, distribution or storage of any Content for other purposes, including for other than your personal, non-commercial use, is expressly prohibited without prior written permission from Cloudee, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Don’t violate other peoples’ copyrights or other protective rights.
The Services provide you with the ability to add, create, upload, submit, distribute, share, post, stream to devices, manage, view or access ("Submitting," “Submitted” or "Submission") Content (collectively, the "User Content"). All User Content is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk, that Cloudee cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, and you will be solely responsible for any damage or loss to you or any other party resulting from the foregoing.
By Submitting User Content on the Site or otherwise through the Services, you:
You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content that has been shared with other users before being deleted from your account may persist in backup copies for a reasonable period of time (but will not following removal be accessible by Users).
Cloudee does not guarantee that any Content or User Content will be made available on the Site or through the Services. Cloudee has no obligation to monitor the Site, Services, Content, or User Content. However, Cloudee reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Content, from the Site or Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Cloudee is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Content from the Services. Cloudee also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
When you upload a video or post a comment on Cloudee, it’s yours, and you are responsible for it. But you’re also giving Cloudee the right to use it in certain ways.
When you share a video, those people can share it with others. Don’t share videos that you aren’t willing to be publicly associated with!
Cloudee’s not a backup service. We’re not liable for any loss or removal of your videos.
As a condition of use, you agree not to misuse the Services. For example, you must not (and must not attempt to or permit third parties to) use the Services to do the following things:
Don’t be a jerk. For example:
If you are a developer or operator of any application or service that uses Cloudee’s application program interface(s) you also agree to Cloudee’s API Terms of Service, at developer.cloudee.com/TOS.
If you use Cloudee's API, additional terms apply to you. Read those too.
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site or Services. When you access third party websites, you do so at your own risk. These other websites are not under Cloudee's control, and you acknowledge that Cloudee is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Cloudee or any association with its operators. You further acknowledge and agree that Cloudee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
If someone posts a link, we aren’t responsible for where it goes or what it does.
The following are in addition to, and not in limitation of, any other provision of these Terms of Use:
The Services contain, as a component, third party font software (the “Font Software”) that is subject to the copyright laws of the United States and other jurisdictions. The Font Software may not be altered, modified or extracted from the Service.
Your use is limited to “Internal Use” meaning use of the Font Software only in the course of the your customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an end user that is an entity, use by such end user, or its employees or authorized agents for the end user’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by an end user that is an individual, use by such end user or a member of such end user’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the end user as to these terms and conditions and shall agree to be bound by them.
The licenses granted to you in this Agreement may be terminated in the event of breach and, upon termination, you will be required to immediately cease all use of the Services and Font Software residing therein, destroy the original and all copies of the Font Software in your custody, possession, or control and promptly certify that such destruction has taken place. All rights in and to the Font Software not expressly granted herein are reserved.
The font we use is for Cloudee only.
Cloudee may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information and Content associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Cloudee can cancel your account at any time (though we hope we never have to).
Cloudee has no special relationship with or fiduciary duty to you. You acknowledge that Cloudee has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Cloudee from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Cloudee makes no representations concerning any Content contained in or accessed through the Services, and Cloudee will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CLOUDEE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES OR ANY USER CONTENT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CLOUDEE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Cloudee will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Cloudee's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Cloudee makes no promises about the Cloudee services and is not liable if anything goes wrong.
You shall defend, indemnify, and hold harmless Cloudee, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, liabilities, claims, damages and expenses, including reasonable attorneys' fees and legal costs, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your User Content, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Cloudee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Cloudee in asserting any available defenses.
If you do something that hurts Cloudee, you’re responsible for any damages.
IN NO EVENT SHALL CLOUDEE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
Again, Cloudee is not liable if anything goes wrong.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Cloudee agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. This paragraph does not apply to users based in any country of the European Union or Australia.
If you have a dispute with Cloudee, this is how and where it will be resolved.
Cloudee reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, by email or by another appropriate means of electronic communication. Cloudee may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
These terms may change. If they do, we'll make it clear here, and you will be bound by the new ones.
These Terms of Use are the entire agreement between you and Cloudee with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Cloudee with respect to the Services. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Cloudee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Cloudee's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Cloudee's prior written consent. Cloudee may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the European Union and/or Australia, in respect of these Terms of Use and your use of this Site, Service, Content, User Submissions or Add-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Where Cloudee has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Cloudee. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
You may contact Cloudee at the following address: 122 West 26th Street, 8th Floor, New York, NY 10001, or by email at privacy@cloudee.com.
Effective Date: May 1, 2012
If you want to get a hold of us, this is how.
Enjoy Cloudee!