My Cloud Camera Terms and Conditions (Terms) Version 1.0 (March 1, 2018)
In this Terms and Conditions, "My Cloud Camera� or �we� or �our� or �us� or �website� or �site� or �My Cloud Camera Service� means the My Cloud Camera mobile application or My Cloud Camera tablet application or My Cloud Camera website or My Cloud Camera or My Cloud Camera affiliates and on which the service is made available, owned, controlled, managed, maintained and hosted by Cloud Camera LLC and "you", or "your" refers to the user of My Cloud Camera website, mobile or tablet application. The �My Cloud Camera Service� includes our applications, software, websites, APIs, products, and services.
These Terms and Conditions, as may be amended /updated from time to time as a matter of My Cloud Camera right for the convenience and maintenance of website, mobile/tablet application and that can be treated as you acknowledged, understood and agreed.
2. USE OF MY CLOUD CAMERA SERVICE
Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the My Cloud Camera Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the My Cloud Camera Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the My Cloud Camera.
3. MY CLOUD CAMERA
My Cloud Camera� app is a free app and this app is distributed by Cloud Camera�� LLC . The My Cloud Camera app can be downloaded, as this is free app for uploading and store your photos, videos, medias in My Cloud Camera Server (cloud)� and to download for your use, subject to the following terms and conditions.
CREATING AN ACCOUNT
Use of the My Cloud Camera Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. My Cloud Camera� is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the My Cloud Camera Service or your account.
5. MY CLOUD CAMERA�S RIGHTS
�My Cloud Camera Content� includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the My Cloud Camera Service. My Cloud Camera Content, the My Cloud Camera Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the My Cloud Camera Service. Our logos and any other My Cloud Camera trademarks that may appear on the My Cloud Camera mobile/table application, website, and the overall look and feel of the My Cloud Camera Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the My Cloud Camera mobile/ table let application, website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Any medias, photos, videos uploaded through My Cloud Camera website, mobile application, tablet application to My Cloud Camera server are the property of My Cloud Camera. My Cloud Camera have every right to use/sell/direct messaging and My Cloud Camera can use the profile information, photo video for marketing purpose and can sell the data. My Cloud Camera can use the profile information, photos, videos for marketing purpose and can sell the data. My Cloud Camera is the sole and exclusive owner of any and all My Cloud Camera Products, uploaded photos, videos and other medias and its Intellectual Property Rights any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, or other similar rights in any jurisdiction existing anywhere in the world. Please read carefully: My Cloud Camera owns your uploaded photos or videos or any media or any rights to your uploaded photos, videos or its virtual assets or data, all of which you agrees are monetarily without value. My Cloud Camera can sell, rent, or reproduce any photo, video, media or any virtual assets associated with such photos, videos, medias or with any account controlled by My Cloud Camera for any commercial purpose.
if you do not agree with the terms, you can immediately stop using My Cloud Camera mobile application or website.
We are not obligated to monitor access or use of the My Cloud Camera Service, My Cloud Camera Content, or Your Content or to review or edit any My Cloud Camera Content or Your Content, but we have the right to do so for the purpose of operating the My Cloud Camera Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the My Cloud Camera Service, any My Cloud Camera Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the My Cloud Camera Content, Your Content, or your use of the My Cloud Camera Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the My Cloud Camera Service, and in response may take any action we may deem appropriate.
You can upload your photos and videos on your own responsibility/liability through My Cloud Camera mobile app or website and My Cloud Camera will store/maintain them in cloud server. The resolution/quality of the uploaded photos, videos, media may change. You can download them and photos, videos, medias may not be same quality/resolution.
You will responsible for any uploaded photos, videos, medias. It may happened that quality of photos, videos and medias decreases after upload to our server (cloud). We will make every effort to maintain high quality photos and videos in the server (cloud).
We are not be responsible for any quality change in photos, videos and medias. If you don�t agree with this, you may immediately stop using our website, mobile, tablet application.
If you delete your account, photos, videos, medias from Phone/Tablet/Website/Cloud/Server or in any way, the My Cloud Camera� is not responsible for such deletion.
If you deactivate your account, My Cloud Camera� will provide you the following opportunity :
● We will delay actual deletion or termination of your account 7 days after it's requested. A deletion request is canceled, if you log back into your My Cloud Camera account during this time.
● It may take up to 30 days to delete data stored in backup systems. Your info will� not be accessible on My Cloud Camera� during this time.
● Copies of some material (example: log records) may remain in our database but are disassociated from personal identifiers.
9. NO CONFIDENTIAL INFORMATION
My Cloud Camera is not entertaining to upload any confidential, unauthorized, illegal, anti national, antisocial� photos, videos, data, medias to My Cloud Camera server (cloud) and if there is any uploads and misuse, �You� will be solely responsible for those claims on your own expenses and responsibility and My Cloud Camera may terminate your account without any information
10. NAMING RIGHT
You should not use any name or other intellectual property belonging to My Cloud Camera or any other third party in your use of the My Cloud Camera Service.
11. FALSE ACCOUNT INFORMATION
You should not provide My Cloud Camera with false information during the registration process or during the use of My Cloud Camera service. My Cloud Camera can terminate your account without any information for any false information provided by you.
ALERTS AND NOTIFICATIONS
As part of your use of the My Cloud Camera, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
Some functions / features of the My Cloud Camera App, website may work in combination with third party service provider.
Based on My Cloud Camera�s convenience, My Cloud Camera may enter into agreements with different service providers, which is purely a right of �Cloud Camera LLC� in view of maintaining the speed and security of data.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the My Cloud Camera Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support.
16. USE THE MY CLOUD CAMERA SERVICE AT YOUR OWN RISK
We are not responsible for the accuracy,
reliability, availability, effectiveness, or correct use of information you
receive through the My Cloud Camera.
Use of the My Cloud Camera should not replace your good judgment and common sense.
Use the My Cloud Camera Service at your own risk.
17. DISCLAIMER :
This website is for the purpose of �as is� storing photos, videos, medias for the public display and for the use of the website. You are not permitted to use them for any anti-legal purposes and strictly prohibiting the confidential photos, videos, medias and which are illegal in the jurisdictional laws. We are no way liable or concerned with� any damages caused by downloading third party apps, softwares, websites and its purely your risk. You may provide us with information, suggestions and feedback.� We make no warranty that the My Cloud Camera Service or My Cloud Camera Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the My Cloud Camera Service or any My Cloud Camera Content.The Application Terms and Conditions shall be governed by and construed in accordance with the State of Wisconsin Laws, United States of America, without reference to its conflicts of law rules.
You will indemnify and hold harmless My Cloud Camera� or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys� fees, arising out of or in any way connected with (i) your access to or use of the My Cloud Camera Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
NEITHER MY CLOUD CAMERA, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MY CLOUD CAMERA SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MY CLOUD CAMERA SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY CLOUD CAMERA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MY CLOUD CAMERA�S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MY CLOUD CAMERA SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MY CLOUD CAMERA FOR USE OF THE MY CLOUD CAMERA SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MY CLOUD CAMERA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MY CLOUD CAMERA AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and My Cloud Camera arising out of or relating to these Terms of Service, the My Cloud Camera Service, or any other My Cloud Camera products or services (collectively, �Disputes�) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against My Cloud Camera, you agree to try to resolve the Dispute informally by contacting email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or My Cloud Camera� may bring a formal proceeding.
We Both Agree To Arbitrate: You and My Cloud Camera agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Grafton, Wisconsin, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. My Cloud Camera will pay all arbitration fees for claims less than $1,000. My Cloud Camera will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or My Cloud Camera may assert claims, if they qualify, in small claims court in Grafton (WI). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the My Cloud Camera Service or My Cloud Camera products, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with My Cloud Camera� on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and My Cloud Camera agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Port Washington County, Wisconsin. Both you and My Cloud Camera consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the My Cloud Camera Service products or My Cloud Camera Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
21. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between My Cloud Camera and you regarding the My Cloud Camera Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between My Cloud Camera and you regarding the My Cloud Camera Service and My Cloud Camera Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the My Cloud Camera Service. When you use the My Cloud Camera Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without My Cloud Camera�s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. My Cloud Camera may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by My Cloud Camera under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
My Cloud Camera�s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of My Cloud Camera. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
Cloud Camera LLC
2418 Kiowa Dr
Grafton, WI 53024