Registered Users, below defined, are provided by CloudLoad.com with the capability to host image, video, and audio content, without limitation (Content). Registered Users must own and/or possess the legal rights to such content (User Content) in order that they may designate User Content for non-commercial Web distribution in venues such as blogs, message boards, online journals, personal or social networking sites, and online photo albums and also via the CloudLoad.com website. Occasions may arise when the Site or its Services may be unavailable due to scheduled maintenance or upgrades. Although every effort is made by CloudLoad.com to maintain continuous Site and Service user availability, occasionally emergency repairs may be necessary and events such as failed telecommunications services or equipment may occur. These events may be beyond the CloudLoad.comís control. Be advised that although it is the normal policy of CloudLoad.com to only remove content that is in violation of the Agreement, we may, in our discretion and with no notice, remove any Content for any reason. Certain legal requirements may require CloudLoad.com to store removed content and such removed content shall be irretrievable unless or until a valid court order is presented. For this reason and many others, users should preserve backup copies of User Content. CloudLoad.com specifically denies any responsibility for backup service, and is therefore not liable for any Service modifications, discontinuations, or suspensions as well as any loss of Content. Further discussion of this issue may be found in Section 8.
Content posting and access to certain components of the Site and Services may only be granted to users who have an account with CloudLoad.com. The Registration Page contains directions on how to create an account and become a Registered User. Each person is allowed only one (1) account. All CloudLoad.com accounts are to be used only for the purposes of non-commercial personal interest and use. The password that allows access to CloudLoad.comís Site and Services are the responsibility of each Registered User and must be safeguarded. Use of CloudLoad.comís Site and Services constitutes agreement that users will not disclose passwords to any third party or permit any use of your CloudLoad.com account by any third party. Further, users agree to accept sole responsibility for any activity made possible by use of said password and to immediately notify CloudLoad.com should an unauthorized use occur. When you register or make an account, you also affirm that the information that you transmit to obtain the account is complete, current, and accurate and to punctually update account information if it becomes outdated. CloudLoad.com denies responsibility or liability if notices or other information are not delivered because you failed to maintain accurate account information. Download and storage limitations are limited according to your account level (description may be obtained on the account comparison page). Use of excessive bandwidth or other system abuse may result in direct links of your account being disabled by CloudLoad.com, and we have the right to change the limits on downloading or storage without prior notice and at our discretion. Registered Users may cancel their account at any time and for any reason. CloudLoad.com reserves the right to delete content from and/or cancel your account, partially or completely, for any reason, without limitation, within our discretion. Such deletion or cancellation shall not be considered a breach of any portion of this Agreement.
No rights of ownership of User Content that users post onsite are claimed by CloudLoad.com. All ownership and/or licensing rights, and use of same, are retained by the User after they are posted to the Site. Nonetheless, if such User Content is posted or made available through the Site or by way of its Services, you allocate to CloudLoad.com a worldwide license that is nonexclusive, free of royalty, and transferable so that we may use, copy, adapt, distribute, construct derivative works from, publicly display and perform (by digital audio transmission or other means) and use your User Content, or portions thereof, exclusively on and throughout the Site and Services, to include without limitation (a) modifying User Content formatting for appropriate Site display (for instance by transcoding or encoding); and (b) exhibiting, in our exclusive discretion, userís non-private User Content in results generated as a product of the CloudLoad.com search engine. Additionally, if you have posted a link to or otherwise shared your non-private User Content, CloudLoad.com is granted a worldwide license that is not exclusive, free of royalty, and transferable so that we may use, copy, adapt, distribute, construct derivative works from, and distribute said User Content as needed so that Services may be performed. Further, your consent is provided that personnel at CloudLoad.com, inclusive of CloudLoad.com service providers and/or contractors, may view your User Content at any time in order that said personnel may be enabled to provide Services and filter content for Agreement violation. You certify that responsibility for Content submitted to the Site or provided to the Service rests exclusively with you. You also certify that you either own the User Content or possess the rights compulsory to give CloudLoad.com this license. Said license to CloudLoad.com regarding any specific piece of User Content will end once the Content is removed from the Site.
So long as you comply with the Agreement terms and conditions, you are granted a right (not transferable or sublicensable) to access, see, and print Content which is public, but only for your exclusive, not commercial, use. Exclusive of User Content, you are denied any third party distribution rights and you may not commercially use any Content (excepting any pieces of Content to which a separate license may be explicitly attached and as permitted by same), or otherwise copy, change, disseminate, display or perform in public any Content (excepting any pieces of Content to which a separate license may be explicitly attached and as permitted by same).
All of the following are specifically prohibited when using or accessing either the Site or its Services:
All Users must be at least 13 years of age before they are granted permission to register for an account. Permission is denied to children who are under the age of 13 and CloudLoad.com will never knowingly accumulate information on the same. Should a parent or guardian realize that a child under his or her care has provided CloudLoad.com with private, identifiable information sans parental permission (i.e., by age misrepresentation), said parent or guardian should immediately contact CloudLoad.com via the Contact Us page. If, upon investigation, CloudLoad.com finds that private, identifiable information of a child under the age of 13 has indeed been collected, CloudLoad.com warrants to immediately remove the information and accounts that are held or provided by children under the age of 13.
NO WARRANTY, EITHER EXPRESS OR IMPLIED, EXISTS FOR THE SERVICES, CONTENT, SITE, OR SOFTWARE OF CloudLoad.com. SAID SERVICES, CONTENT, SITE, AND SOFTWARE ARE PROVIDED AS IS. CloudLoad.com DISAVOWS ANY MERCHANTABILITY, PROGRAM FITNESS, AND NON-INFRINGEMENT WARRANTIES.
Users acknowledge that CloudLoad.comís control over User Content that is posted and made ready for use by the Site and Services is limited. Users acknowledge that use of the Site and Services may expose you to the aforementioned Content. You understand that CloudLoad.com is not liable for (a) Content, to include without limitation Content subject matter, or errors and omissions, and loss or damage of any type that may be incurred because of using or downloading any Content that users post, email, transmit, or make available through the Site or Services; (b) the removal or non-storage of material, or data that has been improperly delivered or delivered in an untimely fashion; (c) interruptions or unavailability of the Site or Service; or (d) third party conduct that is offensive, unlawful, slanderous, or libelous. CloudLoad.com WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USERS OR A THIRD PARTY FOR DAMAGES, WHETHER INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL (TO INCLUDE WITHOUT LIMITATION LOST DATA, SERVICE THAT MAY BE INTERRUPTED, FAILURE OF A COMPUTER, OR MONETARY LOSS) WHICH MAY ARISE FROM SITE OR SERVICE USE OR INABILITY TO USE, WHETHER TORT (TO INCLUDE NEGLIGENCE), CONTRACT, WARRANTY, PRODUCT OR STRICT LIABILITY, OR OTHER THEORY, EVEN IF CloudLoad.com HAS PREVIOUSLY BEEN NOTIFIED OF THE POTENTIAL OF SUCH DAMAGES. NOTWITHSTANDING, CloudLoad.comís COMBINED LIABILITY FOR CLAIMS RESULTING FROM SITE OR SERVICE USE, TO YOU OR ANY THIRD PARTY, SHALL NOT EXCEED THE SUM TOTAL YOU HAVE REMITTED TO CloudLoad.com. Further, you understand that prices are set by CloudLoad.com and you have entered into this Agreement with the assurance that the liability limitations herein specified distribute the risk between the parties and constitute the foundation of the agreement between them. The above exclusions or liability limits may not apply to you if you live in an area which disallows them.
You warrant that CloudLoad.com and its officers, employees, directors, and/or agents shall be defended, indemnified, and held harmless against any claim, liability, harm, loss, or expense (to include, without limitation, reasonable legal and/or accounting considerations) which may proceed or be resultant from your access to or use of the Site or Services, or an Agreement violation. CloudLoad.comís right (at its own cost) to take over the exclusive control and/or defense of any proceeding that may otherwise be subject to your defense is reserved. In that event, you warrant your full cooperation with CloudLoad.com and/or its counsel, as needed, in the conduction of said defense.
You understand and agree that third party websites and or links may be available on this Site, and that CloudLoad.com bears no responsibility or liability for (i) the websiteís or resourceís availability or accuracy; or (ii) the websiteís or resourceís posted content, products, materials, or services. CloudLoad.com does not endorse nor approve such website or resource links or the areas to which users may be directed as a result of link usage. Responsibility for and assumption of any risk which may proceed as a consequence of your use of such websites or resources belongs exclusively to the user. The rules concerning Partner Site terms and/or conditions should be consulted on those websites.
This Agreement is governed by and drawn in accordance with the applicable laws of the provice of Quebec, disregarding law rule conflicts. You distinctly agree that jurisdiction for any action or proceeding which may arise as a consequence of this Agreement or your use or the Site or Services belongs exclusively to the provice of Quebec and you will only file such proceedings within the federal courts located within the same. Further, you agree and submit to exercise of personal authority of such courts should any proceeding or action need litigation. You acknowledge that, notwithstanding any contrary law or statute, any proceeding or cause of action that may result from or is related to the use of the Site, Services, or this Agreement must be filed within one (1) year after the proceeding or cause of action originated, or be barred forever.
A request for refund on any paid CloudLoad.com services (to include, without limitation, PREMIUM account services) will only be honored by CloudLoad.com if it is made within thirty (30) days of payment submission. Email billing-at-CloudLoad.com if you need to request a refund.
Rights which are granted and/or duties which are hereunder delegated to you may not be assigned and attempts to do so are void and not effective. Rights and duties granted by this Agreement may be assigned or delegated by CloudLoad.com in the event of a merger, reorganization, or sale of all or nearly all of its assets corresponding to this Agreement. Should CloudLoad.com at any time neglect or decide not to act on any provision of this Agreement, the right to do so at a later date remains unaffected unless said right is expressly waived in writing. In the event that a court invalidates one or more provisions of this Agreement, you agree that the remaining Terms shall remain in effect and are enforceable. Headings and captions are provided only for convenience and will not be used in the interpretation of this Agreement. The entire and sole understanding between you and CloudLoad.com regarding any subject matter is contained within this Agreement. This Agreement supersedes any previous or coexisting agreements and/or understanding which may relate to this subject matter. Should you have any questions or concerns pertaining to this Agreement or any of the subjects within the Agreement or on the Site, CloudLoad.com may be contacted via the information provided on the Contact Us page.