TERMS FOR USE FOR THE WEBSITE COLOUD.COM
Welcome to COLOUD.com, the site for COLOUD, (hereinafter the “Website”). The Website is operated and owned by Zound Industries International AB, (hereinafter “COLOUD”).
You understand that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some, including you, to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that COLOUD shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
INTELLECTUAL PROPERTY RIGHTS
COLOUD and the other respective owners of the intellectual property rights associated with or displayed on the Website retain all rights regarding their intellectual property rights, such as designs, patents, trademarks, trade names, brand names and trade dress.
The trademarks COLOUD, THE BOOM, THE KNOCK, THE POP, THE BANG etc. and associated logos are example of trademarks, of which most are registered, of COLOUD’.
The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, "Materials") are protected by national and international copyright laws and treaties. All Materials are provided by COLOUD as a service to you as a current and/or prospective customer and may be used by you only for your personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in COLOUD’ Materials is conveyed to you. This is a limited license, not a transfer of title of any Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without COLOUD prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of the Materials.
Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. COLOUD may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by COLOUD.
Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited and COLOUD will enforce its intellectual property rights to the fullest extent of the law, including reserving the right to seek civil remedies and criminal prosecution.
COLOUD has a strict policy regarding third-party use of COLOUD’ trademarks or names in metatags hidden text or ad keywords. More specifically, the unauthorized use of COLOUD’ trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines may constitute infringements in COLOUD’ rights and/or unfair competition.
Linking to the Website is prohibited absent express written permission from COLOUD. Furthermore, framing, inline linking or other association of the Website or its Materials with links, advertisements and/or other information not originating from COLOUD is expressly prohibited.
PRODUCTS, CONTENT AND SPECIFICATIONS
COLOUD does its best to ensure that information on the Websites is complete, accurate and current. Despite COLOUD’ efforts, information on the Website may occasionally be inaccurate, incomplete or out of date. COLOUD makes no representation as to the completeness, accuracy or correctness of any information on the Website.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. COLOUD reserves the right to discontinue any product at any time.
COLOUD makes all reasonable efforts to accurately display the attributes of the COLOUD products, including the applicable colors. However, the actual color you see will depend on your computer system and configuration, and COLOUD cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any product or service purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
This Website, its content, product information, and any products sold through the site are intended to comply with EU laws and regulations. If you are a non-EU based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in Europe.
Any presentation for any product or service made on this Website is not personally directed to you and is only to be interpreted as an invitation to treat.
COLOUD reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. COLOUD may exercise this right on a case-by-case basis.
COLOUD also may require verification of information prior to the acceptance and/or shipment of any order.
This Website sells products to end consumers only. You shall not use the Website to purchase products for re-sale or export. COLOUD reserves the right to immediately bar access to this Website and terminate the account of any user who violates this provision.
Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the COLOUD Website. None of such links should be deemed to imply that COLOUD endorses the Third Party Sites or any content therein.
COLOUD does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and COLOUD will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.
DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COLOUD NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COLOUD, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL COLOUD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF COLOUD IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
COLOUD controls this Website from its offices in Stockholm, Sweden. COLOUD does not imply that the materials published on this Website are appropriate for use outside of the EU. If you access this Website from outside of the EU, you do so on your own initiative and you are responsible for compliance with local laws.
YOUR COMMUNICATIONS AND SUBMISSIONS
COLOUD shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques contained in any communication you send to the Website, including but not limited to any posted content or submit material, ("User Submissions") for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, COLOUD does not guarantee any confidentiality with respect to any User Submissions.
COLOUD does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Website. You grant COLOUD the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify COLOUD and its affiliates for all claims resulting from any Comments you submit.
COLOUD and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated submissions may be posted on this Website, the posting of those submissions does not constitute COLOUD’ endorsement of those submissions. COLOUD is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated submissions.
PROHIBITED USES OF WEBSITE AND SERVICES
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer or of the Website; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including COLOUD and COLOUD’ employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of COLOUD, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or COLOUD related services and products.
In addition to any remedies that COLOUD may have at law or in equity, if COLOUD so determine, in COLOUD sole discretion, that you have violated or are likely to violate the foregoing prohibitions, COLOUD may take any action COLOUD deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. COLOUD will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of COLOUD’ system or network security using any of the means above may result in civil and/or criminal liability. COLOUD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from COLOUD and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, or Mozilla Firefox).
REGISTRATION, ACCOUNTS AND PASSWORDS
You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to COLOUD.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. COLOUD will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that COLOUD provides to you electronically satisfy any legal requirement that such communications be in writing.
NO OTHER AGREEMENTS
COLOUD may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. COLOUD also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. COLOUD may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
NOTICE FOR INFRINGEMENT OF INTELLECTUAL PROPERTY
COLOUD does not permit any activities on this Website that infringes on the intellectual properties of others, including but not limited to copyright, trademark, or patent. COLOUD may remove any content of any kind that a user posts to this Website ("Comments"). At its sole discretion, COLOUD may limit or permanently terminate a user account for any reason. For instance, COLOUD may limit a user’s ability to submit Comments if such comments infringe another’s copyright, or may terminate a user’s account for egregious or repeated infringing conduct on the Website.
If you are the owner of an intellectual property or an agent for such owner and believe that any Comments on this Website by third parties infringes upon your rights, you may notify COLOUD by providing the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A clear and concise identification of the intellectual property right being infringed;
• Identification of the Comment(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit COLOUD to locate the same;
• Information reasonably sufficient to permit COLOUD to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the Comment(s) or material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
Our agent for notice of claims of copyright infringement can be reached as follows:
Zound Industries International AB
If you fail to comply with any or all of the requirements above, your notice may not be valid.