Terms of Service
AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the use of Cloudcube located at cloudcube.cloudforged.com (Object Storage Services") and other websites offering use of the Object Storage Services as an add-on, including, but not limited to, Heroku and Manifold, which is the property of Cloudforged, LLC ("Cloudforged") and its licensors. By signing up and using the Object Storage Services, you agree to comply with, and be bound by, these Terms of Use and all applicable laws and regulations. Please review the following Terms of Use carefully. If you do not agree to these Terms of Use, you may not access or use the Object Storage Services. The terms "we" "our" refer to Cloudforged. The terms "you" and "your" refer to the user or viewer of the Object Storage Services.
Cloudforged reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Object Storage Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cloudforged grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Object Storage Services which shall be defined by these Terms of Use as follows:
YOUR USE OF THE OBJECT STORAGE SERVICES
Except solely as necessary for you to access the Object Storage Services for its intended purpose, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, sublicense or sell the Object Storage Services or any portion thereof. Except as expressly set forth in these Terms of Use, these Terms of Use do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppels or otherwise.
You may not attempt to gain unauthorized access to any portion or feature of the Object Storage Services, or any other systems or networks connected to the Object Storage Services or to any Cloudforged server, or to any of the cloud storage areas offered on or through the Object Storage Services, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Object Storage Services or any network connected to the Object Storage Services, nor breach the security or authentication measures on the Object Storage Services or any network connected to the Object Storage Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Object Storage Services or Cloudforged's systems or networks, or any systems or networks connected to the Object Storage Services or to Cloudforged.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Object Storage Services or any transaction being conducted on the Object Storage Services, or with any other person's use of the Object Storage Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cloudforged on or through the Object Storage Services or any offered on or through the Object Storage Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Object Storage Services, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cloudforged or others. This incudes, but is not limited to uploading, storing, posting, transmitting, distributing, publishing or otherwise disseminating content that is unlawful, harmful, defamatory, abusive, tortuous, vulgar, libelous or promotes such activities.
You warrant that you are the owner of all files and data uploaded onto and maintained on Cloudforged's Object Storage Services.
CHANGES TO AND SUSPENSION OF SERVICES
Cloudforged reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Object Storage Services or any and all content, applications, materials, and other items used or contained in the Object Storage Services at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. Cloudforged reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Object Storage Services or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features offered on or through the Object Storage Services may require you to open an account. You agree to provide true and accurate information when opening an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Cloudforged immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Cloudforged or any other user of or visitor to the Object Storage Services due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Cloudforged cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for an account, any part of the Object Storage Services or any provided by Cloudforged is limited to users thirteen (13) years of age or older. Any registration by any user under thirteen (13) years of age is expressly prohibited. By submitting registration information, you represent and warrant that you are thirteen (13) years of age or older, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Use, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to create an account may, upon consenting to these Terms of Use, submit an application to register in accordance with the procedures set forth by Cloudforged. Cloudforged reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
PAYMENT TERMS
You will pay the applicable fee set forth in the pricing schedule on Cloudforged’s Object Storage Services website pursuant to the level of service you choose.
OWNERSHIP
All Object Storage Services and any intellectual property developed by Cloudforged in the course of providing the Object Storage Services are the exclusive and confidentiality property of Cloudforged. Cloudforged maintains all right, title and interest to these rights and your use of the Object Storage Services does not confer any ownership rights to the Object Storage Services.
PRIVACY
By using the Object Storage Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Object Storage Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Object Storage Services, you consent to have your personal data transferred to, and processed in, the United States.
RULES OF CONDUCT
Your use of this Object Storage Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this Object Storage Services is a violation of criminal and civil laws. Cloudforged reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through this Object Storage Services any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this Object Storage Services that restricts or inhibits any other user from using or enjoying this Object Storage Services by "hacking", "cracking", "spoofing", or defacing any portions of this Object Storage Services.
You may not post or transmit through this Object Storage Services advertising or commercial solicitations; promotional materials relating to Object Storage Services or online s which are competitive with Cloudforged and/or this Object Storage Services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Object Storage Services or its contents. You may not harvest or collect information about Object Storage Services visitors without their express written consent.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT YOUR USE OF THE OBJECT STORAGE SERVICES IS AT YOUR SOLE RISK. THE OBJECT STORAGE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, INFORMATION, SOFTWARE, PRODUCTS OR MATERIALS PROVIDED BY OR ON THE OBJECT STORAGE SERVICES, ARE PROVIDED ON AN .AS IS. BASIS AND TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, CLOUDFORGED HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CLOUDFORGED CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE OBJECT STORAGE SERVICES. CLOUDFORGED SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE ACCESS TO THE OBJECT STORAGE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. CLOUDFORGED DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE OBJECT STORAGE SERVICES OR DOWNLOADED THROUGH THE OBJECT STORAGE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE OBJECT STORAGE SERVICES OR ANY APPLICATIONS OR CONTENT PROVIDED BY CLOUDFORGED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. CLOUDFORGED CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER CLOUDFORGED IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ANY APPLICATION, PROJECT OR DATA.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE OBJECT STORAGE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CLOUDFORGED FOR DISSATISFACTION WITH THE OBJECT STORAGE SERVICES OR ANY CONTENT IS TO STOP USING THE OBJECT STORAGE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE OBJECT STORAGE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLOUDFORGED, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE OBJECT STORAGE SERVICES, EVEN IF CLOUDFORGED IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF CLOUDFORGED REASONABLY COULD HAVE FORESEEN, THE POSSIBLITY OF SUCH DAMAGE, HOWEVERY THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (A) THE USE OF OR THE INABILITY TO USE THE OBJECT STORAGE SERVICES (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE OBJECT STORAGE SERVICES; (C) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE OBJECT STORAGE SERVICES, INCUDING WITHOUT LIMITATION UNUTHORIZED ACCESS TO OR ALTERATION OF TRANMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONGTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, CLOUDFORGED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE OBJECT STORAGE SERVICES OR ANY CONTENT, CLOUDFORGED'S AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY OR FEATURE OF OR ON THE OBJECT STORAGE SERVICES PAID IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST CLOUDFORGED (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY CLOUDFORGED SOFTWARE PRODUCTS OR S), OR (2) US$100.00. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH THROUGHOUT THIS SECTION AND THESE TERMS OF USE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE CLOUDFORGED'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold Cloudforged, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, damages, costs liability, claims or expenses (including reasonable attorneys' fees and costs of investigation), made against Cloudforged by any third party due to or arising out of or in connection with, (a) your use of the Object Storage Services, (b) your breach of these Terms of Use, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section “Your Use of the Object Storage Services,”. or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights.
VIOLATION OF THESE TERMS OF USE
In the event of your violation of these Terms of Use, Cloudforged may take any of the following actions. These potential actions do not limit the rights of Cloudforged to these possible actions in the event of violation of these Terms of Use, nor does this section limit the rights or possible actions of Cloudforged in situations where no breach has occurred.
Cloudforged may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Object Storage Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cloudforged's rights or property, or the rights or property of visitors to or users of the Object Storage Services, including Cloudforged's customers. Cloudforged reserves the right at all times to disclose any information that Cloudforged deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cloudforged also may disclose your information when Cloudforged determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Cloudforged may preserve any transmittal or communication by you with Cloudforged through the Object Storage Services or any offered on or through the Object Storage Services, and may also disclose such data if required to do so by law or Cloudforged determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cloudforged, its employees, users of or visitors to the Object Storage Services, and the public.
You agree that Cloudforged may, in its sole discretion and without prior notice, terminate your access to the Object Storage Services and/or block your future access to the Object Storage Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Object Storage Services. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cloudforged, for which monetary damages would be inadequate, and you consent to Cloudforged obtaining any injunctive or equitable relief that Cloudforged deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cloudforged may have at law or in equity.
You agree that Cloudforged may, in its sole discretion and without prior notice, terminate your access to the Object Storage Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Object Storage Services or any offered on or through the Object Storage Services, or (4) unexpected technical issues or problems.
If Cloudforged does take any legal action against you as a result of your violation of these Terms of Use, Cloudforged will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Cloudforged. You agree that Cloudforged will not be liable to you or to any third party for termination of your access to the Object Storage Services as a result of any violation of these Terms of Use.
CHOICE OF LAW
These Term of Use, and any disputes arising directly or indirectly out of these terms shall be governed by and construed by the laws of the State of California, excluding its conflict of laws principles.
FORUM
You and Cloudforged hereby consent to and agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located within San Diego County, California with respect to any dispute arising from your use of the Object Storage Services or these Terms of Use or any other dispute between you and Cloudforged. Each party irrevocably waives, to the fullest extent permitted by law, any right to trial by jury in the resolution of any dispute arising out of, or relating to, use of the Object Storage Services and these Terms of Use. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction of, and venue in, the state and federal courts of San Diego, California. You agree that any cause of action you may have arising out of or related to these Terms of Use or the Object Storage Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
EXPORT
Each party will comply with all applicable export and import laws and associated embargo and economic sanction regulations, including those of the United States, that prohibit or restrict export, re-export, or transfer of products, technology, services or data, directly or indirectly, to certain countries, or for certain end uses or users.
FORCE MAJEURE
Nonperformance of either Party shall be excused to the extent that the performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other non-economic reasons where failure to perform is beyond the control and not caused by the negligence of the non-performing Party (“Force Majeure Event”), provided that such Party give the other Party prompt written notice of the failure to perform and the reason therefor and uses commercially reasonable efforts to limit the resulting delay in performance.
MISCELLANEOUS
These Terms of Use operate to the fullest extent permissible by applicable law. If any provision of these Terms of Use are deemed to be invalid, void or unenforceable, such provision shall be deemed severed or limited to the minimum extent necessary and the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Cloudforged with regard to your use of the Object Storage Services, and any and all other written or oral agreements, proposals or understandings previously existing between you and Cloudforged with respect to your use of the Object Storage Services are hereby superseded and cancelled. Cloudforged will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The headings used for the sections in these Terms of Use are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Use. Cloudforged's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cloudforged of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cloudforged and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Cloudforged may freely assign these Terms of Use and its rights and obligations hereunder without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of this Object Storage Services and any use of Cloudforged s and products. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.