Terms and Conditions
(b) Grant of Rights. By submitting User Submissions to CloudMade, you hereby grant CloudMade and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the CloudMade Site and CloudMade’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the CloudMade Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant CloudMade and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the CloudMade Site a non-exclusive license to access your User Submissions through the CloudMade Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the CloudMade Site and these Terms.
(c) Your Representations and Warranties Regarding User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize CloudMade to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by CloudMade and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Submissions, CloudMade’s use of such User Submissions pursuant to these Terms, and CloudMade’s exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
(d) Prohibited Uses of User Submissions. In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the CloudMade Site:
(i) any falsehoods or misrepresentations that could damage CloudMade or any third party;
(ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate;
(iii) advertisements or solicitations of business, products, or services; or
(iv) any material that would be harmful to minors in any manner.
You understand that when using the CloudMade Site you will be exposed to User Submissions and other third party content (but excluding the Map Data, which are governed solely under the terms of the Creative Commons Attribution Share-Alike 2.0 License) together, the “Non-CloudMade Content”) from a variety of sources, and that you may be exposed to Non-CloudMade Content that is inaccurate, offensive, indecent, or otherwise objectionable. CloudMade does not endorse any Non-CloudMade Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will CloudMade be liable in any way for or in connection with the Non-CloudMade Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-CloudMade Content, any intellectual property infringement with regard to any Non-CloudMade Content, or for any loss or damage of any kind incurred as a result of the use of any Non-CloudMade Content posted, emailed or otherwise displayed or transmitted through the CloudMade Site.
(a) As a condition of your use of the CloudMade Site, you hereby represent and warrant that you will not use the CloudMade Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the CloudMade Materials and CloudMade Site other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the CloudMade Site, use of the CloudMade Site, access to the CloudMade Site, or Non-CloudMade Content obtained through the CloudMade Site, for any purpose other than for your personal use.
(c) You agree not to use the CloudMade Site if you do not meet the eligibility requirements described in Section 1 above.
(d) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the CloudMade Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the CloudMade Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the CloudMade Site, features that prevent or restrict the use or copying of any part of the CloudMade Site, or features that enforce limitations on the use of the CloudMade Site.
(g) You agree not to attempt to gain unauthorized access to the CloudMade Site, or any part of it, other accounts, computer systems or networks connected to the CloudMade Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the CloudMade Site or any activities conducted through the CloudMade Site.
(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the CloudMade Site. You agree neither to modify the CloudMade Site in any manner or form, nor to use modified versions of the CloudMade Site, including (without limitation) for the purpose of obtaining unauthorized access to the CloudMade Site.
(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the CloudMade Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the CloudMade Site.
(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other CloudMade Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing CloudMade’s name or trademarks without our express written consent.
(k) You agree not to deep-link to the CloudMade Site and will promptly remove any links that CloudMade finds objectionable in its sole discretion. You agree not to use any CloudMade logos, graphics, or trademarks as part of the link without our express written consent.
(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the CloudMade Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CloudMade Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(n) You agree not to modify, adapt, translate, or create derivative works based upon the CloudMade Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
In order to access some features of the CloudMade Site, you will have to create an account. You represent and warrant that the information you provide to CloudMade upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that CloudMade may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Submission violates the rights of third parties; (d) provide certain customized features of the CloudMade Site to you, if any, or respond if you contact CloudMade for any reason; or (e) protect the rights, property, or personal safety of CloudMade, the users, and the public.
You are solely responsible for your involvement with other users of the CloudMade Site. CloudMade reserves the right, but has no obligation, to monitor disagreements between you and other users. CLOUDMADE DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
(a) Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20, THE TERM CLOUDMADE INCLUDES CLOUDMADE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
(b) No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLOUDMADE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUDMADE OR THROUGH THE CLOUDMADE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(c) “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE CLOUDMADE SITE IS AT YOUR SOLE RISK. THE CLOUDMADE SITE, USER SUBMISSIONS, NON-CLOUDMADE CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLOUDMADE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) Website Operation and Non-CloudMade Content. CLOUDMADE DOES NOT WARRANT THAT THE CLOUDMADE MATERIALS, USER SUBMISSIONS, NON-CLOUDMADE CONTENT, CLOUDMADE SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CLOUDMADE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(e) Accuracy. CLOUDMADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLOUDMADE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(f) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CLOUDMADE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
(a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLOUDMADE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE CLOUDMADE MATERIALS AND USER SUBMISSIONS ON THE CLOUDMADE SITE OR ANY REFERENCE SITES, THE CLOUDMADE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH CLOUDMADE, EVEN IF CLOUDMADE OR A CLOUDMADE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Limitation of Damages. IN NO EVENT SHALL CLOUDMADE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CLOUDMADE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
(c) Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CLOUDMADE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE CLOUDMADE SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
22. Limitations by Applicable Law; Basis of the Bargain
(a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT CLOUDMADE HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CLOUDMADE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CLOUDMADE. YOU ACKNOWLEDGE AND AGREE THAT CLOUDMADE WOULD NOT BE ABLE TO PROVIDE THE CLOUDMADE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
23. Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-CloudMade Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the CloudMade Site are covered by a single notification, a representative list of such works from the CloudMade Site;
(iii) 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 CloudMade to locate the material;
(iv) Information reasonably sufficient to permit CloudMade to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) Notice. CloudMade may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the CloudMade Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless CloudMade is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide CloudMade with notices only by mail to the address indicated in subsection l below.
(a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(a) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the CloudMade Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
(a) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of CloudMade to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(a) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(a) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CloudMade without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(a) Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CloudMade as a result of these Terms or use of the CloudMade Site. You further acknowledge that by submitting User Submissions or other Non-CloudMade Content, no confidential, fiduciary, contractually implied or other relationship is created between you and CloudMade other than pursuant to these Terms.
(a) Survival. Sections 5, 7, 17, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms or your account whether by you or CloudMade.
(a) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(a) Entire Agreement. This is the entire agreement between you and CloudMade relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by CloudMade as set forth in Section 3 above.
(a) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE CLOUDMADE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) Disclosures. The services hereunder are offered by CloudMade, located at 1250 Borregas Ave, Sunnyvale, CA 94089 USA, email: email@example.com, telephone: +1 559-717-4387. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.