CLOUDSPOT IS A SOFTWARE DESIGNED TO DIGITALLY DELIVER IMAGES AND BY USING CLOUDSPOT TO SHARE, SELL, OR SEND PHOTOS YOU ARE AGREEING THAT YOU OWN ALL REQUIRED LEGAL RIGHTS TO THE IMAGES YOU UPLOAD AND ARE ALLOWING OTHERS THE RIGHT TO DOWNLOAD, SHARE, PRINT AND CREATE OTHER PRODUCTS USING THE IMAGES THAT YOU HAVE UPLOADED FOR THEIR PERSONAL AND NON-COMMERCIAL USE.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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Please read these terms of service (these “Terms”) carefully as they form a contract between you and CloudSpot Inc. (“CloudSpot”, “we”, “us”, or “our”) that governs your access and use of: (i) the hosted storage solution provided by CloudSpot (the “Product”) for online storage, sharing and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content”); (ii) the CloudSpot desktop application, gallery desktop application and mobile applications and any other software provided or made available by CloudSpot (the “Software”); (iii) onecloudpro.com (the “Site”); and (iv) any written or electronic documentation provided or made available by CloudSpot (the “Documentation”) (collectively, the Product, the Software, any Content provided by CloudSpot, and the Documentation are referred to herein as the “Services”).
By using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to CloudSpot that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please email [email protected].
CloudSpot LLC does not provide warranties for the Services. This contract also limits CloudSpot’s liability to you.
CloudSpot reserves the right to modify or replace these Terms at any time in our sole discretion. We will indicate at the bottom of these Terms the date these Terms were last updated. Any changes will be effective upon posting the revised version of these Terms on the Site (or such later effective date as may be indicated at the bottom of the revised Terms). Your continued access or use of any portion of the Services after the effective date of any changes means you accept and agree to the changes.
You may use the Services, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws, and only if you have the power to form a contract with CloudSpot and are not prevented under any applicable laws from doing so.
Except for Content we provide, we don’t claim ownership of any Content that is transmitted, stored, accessed, or processed in your account(s). We also don’t control, verify, or endorse any Content that you and others make available on the Services. Content uploaded, expressed or submitted to the Services, other than any Content provided by CloudSpot, is solely the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of CloudSpot. We are not responsible, or liable to you or any third party, for the content or accuracy of any Content posted by you or any other user of the Services. We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share your Content with others, anyone you’ve shared content with (including the general public, in certain circumstances) may have access to your Content and may distribute it to others without your consent. You hereby grant CloudSpot and its employees and contractors the right, to use, modify, adapt, reproduce, distribute, display and disclose Content you post on the Services solely to the extent necessary to provide the Services, customer support, or as otherwise permitted by these Terms. You represent and warrant that you have all the rights in your Content necessary for you to use the Services and to grant the rights in this Section. You will: (a) be solely responsible for the nature, quality and accuracy of your Content; (b) must ensure that your Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to your Content, including any notices sent to you or to CloudSpot by any person claiming that any of your Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of your Content. CloudSpot will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any of your Content. You must immediately notify CloudSpot in writing of any unauthorized use of (a) any of your Content, (b) any account, or (c) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide CloudSpot with such cooperation and assistance related to any such unauthorized use as CloudSpot may reasonably request.
We reserve the right to withdraw or amend the Services, or any portion thereof, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all Services to users. Disk space and bandwidth are not unlimited (see PAYMENT TERMS below).
You must be at least 18 to use the Services.
CloudSpot reserves the right to revoke, deactivate, change or require you to change a URL for any reason, including but not limited to inappropriate URL names that do not represent who you are or the content of your galleries, a name that is the currently published business name and/or intellectual property right of another party, or any URL name that includes profanity or terms that could be interpreted to be derogatory in nature to a specific person or people group. CloudSpot may exercise such right at any time, with or without prior notice.
The Services are paid for on a monthly or yearly subscription basis and automatically renewed. CloudSpot reserves the right to charge additional fees per account to users who elect to upload any single file larger than, fifty megabytes, and/or users who use more than five times their account storage amount in bandwidth per month. The price stated for the Services excludes all taxes and charges, unless stated otherwise. If payment is not received by CloudSpot on the due date, after an initial reminder is sent, 2 (two) days later your account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by CloudSpot. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If your account is past due for 60 days, your account will be deactivated and all files will no longer be retrievable. Except as specifically set forth in these Terms, all Services are prepaid for the period selected (monthly, or otherwise) and are non-refundable. There are no pro-rated refunds if a cancellation request is submitted mid-period. At the sole discretion of CloudSpot, credit may be issued for any remaining time on the billing period for future use of the platform. Except as prohibited by law, we may assess a late charge if you do not pay on time. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your access to the Services if you fail to pay in full on time.
In order to maintain a fair and reasonable service to our customers, CloudSpot Inc. reserves the right to “Add to” the UNLIMITED Plan terms and conditions at anytime.
Statistics and Analytic data is automatically updated nightly. The Services use third-party data to derive visitors’ geographic locations from their IP address. Due to the nature of geolocation technology and other factors beyond our control, we cannot guarantee any specific accuracy level.
By registering an account with CloudSpot, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding CloudSpot’s products, services, or 3rd party partnerships, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
If you receive Software from us, its use is governed in one of two ways: if you’re presented with separate license terms that you must accept in order to use the Software, those terms apply; if no separate license is presented to you, these Terms apply. We reserve all other rights to the Software. We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software. Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your subscription to the Services ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
CloudSpot does not permit content that appears to infringe any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of reported or alleged copyright infringement that comply with the law and are properly provided to us. We reserve the right to delete or disable Content alleged to violate these Terms and to terminate access to the Services for repeat infringers.
To report any such complaints or DMCA Notice, email [email protected].
Federal law requires your DMCA Notice to include the following information:
All contents of the Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2016 CloudSpot Inc. and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved. The CloudSpot logo may not be copied, imitated, or used, in whole or in part, without CloudSpot Inc.’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. CloudSpot may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Services does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
IMPORTANT! READ CAREFULLY: This End-User License Agreement (“Agreement”) is a legal agreement between CloudSpot Inc. (“CloudSpot”) and you (either an individual or a single entity) as a user, for the use of and access to the Services(s).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING ANY SOFTWARE AND/OR ACCESSING THE SERVICES. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE ANY SOFTWARE OR ACCESS THE SERVICE.
CloudSpot will grant you the rights and licenses contained in this Agreement only if you obtained the Software from CloudSpot, or a CloudSpot authorized distributor or reseller. If you obtained the Software from any other source you may not install or use the Software or access the Services.
(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
(e) Be likely to deceive any person;
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act;
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(h) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization; or
(i) Give the impression that they emanate from us or any other person or entity, if this is not the case.
(b) access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
(c) use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (iii) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware;
(d) interfere with or disrupt servers or networks used by CloudSpot to provide the Services or used by other users’ to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Services; or
(e) access or attempt to access CloudSpot’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means.
We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.
(a) Remove or refuse to post any Content for any or no reason in our sole discretion.
(b) Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion if we believe that such Content violates the Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Services and the public or could create liability for CloudSpot.
(c) Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content on or through the Services. YOU WAIVE AND HOLD HARMLESS CloudSpot FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLOUDSPOT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CLOUDSPOT OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review Content before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ALL CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLOUDSPOT NOR ANY PERSON ASSOCIATED WITH CloudSpot MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CLOUDSPOT NOR ANYONE ASSOCIATED WITH CLOUDSPOT REPRESENTS OR WARRANTS THAT THE SERVICES, ANY CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CLOUDSPOT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Upon termination by CloudSpot, for reasons other than cause, or at your direction, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Services may not be retrievable, and we will have no obligation to maintain any data stored in your account.
For the self-fulfillment option, you must set out your own Terms of Sale, Return/Exchange Policy and any other statements that may apply, for the sale of prints and other products through your Store. CloudSpot is not responsible for resolving any disputes arising from these statements between you and any other parties.
If you are self-fulfilling orders, you agree that you shall be fully responsible for producing and reviewing all product items, shipping methods, and tax rules set up for selling. You must ensure these items adhere to their description and will not mislead the purchaser in any way. You shall be fully responsible for processing and shipping of orders to the purchaser, in accordance with the terms of order. You are also responsible for dealing with any disputes, cancellation/refund, and exchange of orders. Purchaser of these print and other products hereby agree to deal with the offerer of sale (the photographer) in case of any requests and disputes.
If you are using the lab-fulfillment option, you agree to the Terms of Sale, Return/Exchange Policy set out by CloudSpot as follows. You shall be fully responsible for ensuring your images have the sufficient resolution, and are in the current settings for the products you set up to sell. CloudSpot and its Print Vendors are not responsible for any cost or losses resulting from incorrect resolution or settings of the images. You agree to pay the cost of the products, the appropriate transaction fees to CloudSpot, as well as the credit card processing fees charged by third party payment service provider. You are fully responsible for setting up tax rules, and collecting and remitting the appropriate sales tax in your jurisdiction. You are responsible for dealing with any disputes, cancellation/refund, and exchange of orders.
If you are selling digital downloads via CloudSpot , you must set out your own Digital image license. CloudSpot provides no warranties for digital image licenses and is not liable for any dispute arising out of any digital image license agreement. CloudSpot is also not responsible for enforcing any digital image license agreement.
These Terms of Sale is applicable to your purchase of any prints and other products through the CloudSpot Store and fulfilled by our Partner Print Labs. In the event of any conflict between these Terms of Sale and the other provisions of the Terms such as ones set up by the photographer, these terms of sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.
You are responsible for any taxes that you are obligated to pay or the photographer may collect from you with regards to the purchase of the products. You are also responsible for the taxes or fees in the event they are later determined to be payable on the sale. Such taxes may be added to the purchase price and reflect on your invoice or receipt.
You are responsible for paying all shipping charges applied to the order, the charges will be shown on the checkout page and it is subject to verification and to correction or change. We will contact you to correct the shipping before processing if there’s any changes, and you will have the chance to cancel your order. All orders are shipping FOB shipping point, which means the title of the goods passes to you upon shipment. CloudSpot’s Print Labs will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at time of order. CloudSpot or the Print Labs reserve the right to substitute another shipping vendor to deliver the order. CloudSpot is not responsible for any delays in shipping and other costs that may arise from the delay.
All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received is physically defective, you are responsible for contacting the photographer within thirty (30) days of your receipt of the products, and work out the necessary arrangements for either a refund or a replacement. The foregoing right to return any order within thirty (30) days to your photographer is your sole and exclusive remedy, and CloudSpot expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.
CloudSpot will do its best to present accurate information in the product options however we do not warrant that the product description, photos and pricing are accurate, complete, reliable, current or error-free. All size dimensions are approximate, we make reasonable efforts to accurate display all details of the product offerings, including the applicable color, and the applicable crop (in the case that the product needs cropping to fit the selected sizes), please note that the actual color or crop you will see might be different. CloudSpot Print Labs reserve the right to format manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.
You must agree to the digital image license set forth by the photographer prior to purchasing a digital download product. You acknowledge that CloudSpot provides no warranties for any digital product license and you are entering into the license agreement with the photographer. CloudSpot is not responsible for enforcing the agreement nor resolving any disputes.
These terms were last updated on: August 10, 2018