Welcome to coloud.com/co_us_en/, the site for COLOUD, (hereinafter the “Website” or “WEBSITE”). The Website is operated by Zound Industries USA Inc., (hereinafter “COLOUD”, “we” or “us”).
Online Content Disclaimer
The Contents of this Website are for informational and entertainment purposes only and should not be construed as advice.
Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
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, PLATTAN, ZINKEN, MEDIS, BAGIS, HUMLAN, 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. By using this Website you obtain 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 of 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
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 makes all reasonable efforts to accurately display the attributes of the
COLOUD products, including but not limited to 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. COLOUD reserves the right to discontinue any product at any time without notice.
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 Website are intended to comply with applicable US laws and regulations. If you are a non-US based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the US
COLOUD reserves the right, but is not obligated, to limit the sales of its products or services for any reason, at its own discretion. 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. Accessing any Third Party Sites is at your own risk and COLOUD shall 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
No Warranties; Release
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, ANY SERVICES OFFERED THEREON, WEBSITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICES OFFERED THEREON, THE WEBSITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE WEBSITE. WE DO NOT WARRANT: (1) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (2) THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; (3) THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR (4) THAT ANY ERRORS IN THE WEBSITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICES OFFERED THEREON, AND THE WEBSITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
NOTWITHSTANDING THE FOREGOING, FEDERAL AND STATE SECURITIES LAWS IMPOSE LIABILITIES UNDER CERTAIN CIRCUMSTANCES ON PERSONS WHO ACT IN GOOD FAITH, AND THEREFORE NOTHING HEREIN SHALL IN ANY WAY CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS WHICH YOU MAY HAVE UNDER ANY FEDERAL OR STATE SECURITIES LAWS.
Release and Indemnification
IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY AND (2) YOUR USE, MISUSE, OR INABILITY TO USE THE WESITE, THE SERVICES, OR THE WEBSITE CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE WEBSITE.
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 submitted 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.
You are solely responsible for your own User Submissions and submitting them to COLOUD. COLOUD shall be under no obligation to respond to any User Submissions.
If there is a possibility to post comments on this Website, such comments are considered as 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
If third-party or User Submissions are 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, as far as allowed by limitations by law, 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 death in connection with third-party or User Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (1) 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; (2) 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; (3) contain chain letters or pyramid schemes; (4) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (5) impersonate any person, business or entity, including COLOUD and COLOUD’ employees and agents; (6) encourage conduct that would constitute a criminal offense; (7) give rise to civil liability; (8) otherwise violate any law; or (9) 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 determines, 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 and all law enforcement authorities or court orders or subpoenas requesting or directing COLOUD 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; (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) 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; (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) 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, Safari 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
Copyright Complaints and Copyright Agent
Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our email address of firstname.lastname@example.org: (1) The date of your notification; (2) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (3) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (4) A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; (5) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; (6) A statement 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 (7) 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 owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above: (1) Your physical or electronic signature; (2) A description of the content that has been removed and the location at which the content appeared before it was removed; (3) A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court sitting in the State of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
Our agent for notice of claims of copyright infringement can be reached as follows:
Zound Industries USA Inc
260 W 39th Street, Ste 201 New York
New York US 10018
If you fail to comply with any or all of the requirements above, your notice may not be valid.
If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, COLOUD invite you to contact Customer Service Department by e-mail at email@example.com.
Jurisdiction and Governing Law
COLOUD controls this Website from its offices in New York, USA. COLOUD does not imply that the materials published on this Website are appropriate for use outside of the USA. If you access this Website from outside of the USA, you do so on your own initiative and you are responsible for compliance with local laws.
Zound Industries USA Inc.
260 W 39th Street, Ste 201 New York
New York US 10018