1. Changes to Terms of Service
1.1 Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time.
1.2 Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
1.3 Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
1.4 Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
2. Your Account
2.1 Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.
2.2 Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
2.3 Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
2.4 Use of Other Accounts. You may not use anyone else's account at any time, without the permission of the account holder.
3. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
5. Paid Services
5.1 Fees. The Company may at any time charge fees for access to the Site. However, in no event will you be charged for access to the Site without your prior agreement, and you may cancel your account at any time. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
5.2 Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges, along with all applicable taxes, relating to your use of the Site through your account.
6. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
7. User Conduct
7.1 You may not engage in any of the following prohibited activities:
a. copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
b. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,
c. transmitting spam, chain letters, or other unsolicited email,
d. attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site,
e. taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure,
f. uploading invalid data, viruses, worms, or other software agents through the Site,
g. collecting or harvesting any personally identifiable information, including account names, from the Site,
h. using the Site for any commercial solicitation purposes,
i. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
j. interfering with the proper working of the Site,
k. accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
l. bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
8. User Content
8.1 Content Ownership. You retain all ownership rights to content uploaded through CloudContainer.
9. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
10.1 Some features of CloudContainer require sharing data with third parties to function, such as granting Office 365 access to a document to render a preview. We share the minimum amount of data required for the features to function correctly. This may include copies of files in the cases where third parties require the full file contents for functionality. These third parites have their own privacy policies.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
11.1 a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
11.2 identification of the copyrighted work claimed to have been infringed,
11.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
11.4 your contact information, including your address, telephone number, and an email address,
11.5 a statement by you 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 the law, and
11.6 a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12.1 Termination on Notice. Either party may terminate this agreement for any reason on 30 business days' notice to the other party.
12.2 Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if
a. the other party fails to perform, has made, or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and
b. the failure, inaccuracy, or breach continues for a period of 30 Business Days' after the injured party delivers notice to the breaching party reasonably detailing the breach.
12.3 Termination for Failure of Condition. Either party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if either
a. any of the conditions precedent set out in these terms have not been, or it becomes apparent that any such conditions will not be, fulfilled by [DATE], and
b. such non-fulfillment was not due to the failure of the injured party to perform or comply with any of its representations, warranties, covenants, or conditions to be performed or complied with, or
c. any of the conditions specifically applicable to the other party have not have been, or it becomes apparent that any such conditions will not be, fulfilled by [DATE].
12.4 Termination for Insolvency. If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.
12.5 Termination Because of Law or Order. Either party may terminate this agreement with immediate effect if
a. there is or becomes any Law that makes the performance of the terms of this agreement illegal or otherwise prohibited, or
b. any Governmental Authority issues an Order restraining or enjoining the transactions under this agreement.
13. Disclaimers. The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable Law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
14. Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
15. Indemnification. You shall indemnify, defend and hold harmless the Company and its collaborators, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with
15.1 your use of the Site;
15.2 your breach of this agreement;
15.3 violation of Law;
15.4 your submission, posting, or transmission of user content to the website; or
15.5 violation of the rights of a third party.
16. Feedback. We welcome any comment, question, and communication at http://bluefeathergroup.com/contact.
17. General Provisions
17.1 Governing Law. This agreement will be governed, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules.
17.2 Assignment. Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent.
a. Method of Notice. The parties will give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid to the address that a party has notified to be that party's address for the purposes of this section.
b. Receipt of Notice. A notice given under this agreement will be effective on
i. the other party's receipt of it, or
ii. if mailed, the earlier of the other party's receipt of it and the fifth business day after mailing it.
a. Affirmative Waivers. Neither party's failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party's rights.
b. Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.
c. No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
d. No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
17.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.