- Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the vCloudPoint logo, and all designs, text, graphics, user interfaces, visual interfaces, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of vCloudPoint or its licensors or users and are protected by P.R.C and international copyright laws and various other intellectual property rights and unfair competition laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you (a) do not remove any proprietary notice language in any copies of such documents; (b) use such information for your own personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast in any media; (c) make no modifications to any such information; (d) do not use any data mining, robots or similar data gathering or extraction methods; (e) do not download (other than page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly provided on the Site; and (f) do not use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of vCloudPoint, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. Any use of the vCloudPoint software provided to you with a vCloudPoint product or otherwise downloaded from the Site is governed by the vCloudPoint End User License Agreement.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, vCloudPoint has adopted a policy of terminating, in appropriate circumstances and at vCloudPoint’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. vCloudPoint may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Shen Zhen Cloupoint Technology Co., Ltd
Full Address of Designated Agent to Which Notification Should be Sent: 201-5, Fl 2, East Zone, Science Information Mansion, No. 111, Kexue Ave., Guangzhou, CN, 510663
Telephone Number of Designated Agent: 86-20-32204652
Facsimile Number of Designated Agent: 86-20-32204652
E-Mail Address of Designated Agent: [email protected]vcloudpoint.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Any information provided by you in your notification (including any personal information contained therein) may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
vCloudPoint® and other vCloudPoint marks, logos and any other product or service name or slogan contained in the Site are trademarks of vCloudPoint and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of vCloudPoint or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “vCloudPoint,” “vCloudPoint, Inc.,” “vCloudPoint America Corp,” “vCloudPoint GmbH,” “vCloudPoint UK Ltd.,” or any other name, trademark or product or service name of vCloudPoint without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of vCloudPoint and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray vCloudPoint or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a vCloudPoint logo or other proprietary graphic of vCloudPoint to link to this Site without the express written permission of vCloudPoint. Further, you may not frame or utilize framing techniques to enclose any vCloudPoint trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without vCloudPoint’s express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of vCloudPoint or any third party. vCloudPoint makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites linking to the Site.
- Third Party Content
vCloudPoint may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content“). vCloudPoint does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. vCloudPoint makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible from the Site, or Websites linking to the Site. vCloudPoint does not represent or warrant the accuracy of any information contained in any third party Website and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party website through the Site, you do so at your own risk.
- Advertisements and Promotions; Third-Party Products and Services
vCloudPoint may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. vCloudPoint is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-vCloudPoint advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, vCloudPoint or vCloudPoint’s products or services that are provided by you in the form of email or other submissions to vCloudPoint, or any postings on the Site are non-confidential and shall become the sole property of vCloudPoint. vCloudPoint shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Content and Interactive Services or Areas
The Site may include discussion forums, user generated content or other interactive areas or services (“Interactive Areas“), including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content“). vCloudPoint Support Center, including without limitation the vCloudPoint Support Center may include additional terms and conditions that will apply to your use of the Support Center. In the event of any conflict between any provisions in the Support Center, the terms and conditions of these Site Terms will prevail. You are solely responsible for your use of the Interactive Areas and use them and the User Content at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site: (a) any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) unsolicited promotions, political campaigning, advertising or solicitations; (f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) viruses, corrupted data or other harmful, disruptive or destructive files; and (h) any User Content that, in the sole judgment of vCloudPoint, would otherwise restrict or inhibit any other person from using or enjoying the Interactive Areas or the Site, or which may expose vCloudPoint or its users to any harm or liability of any type.
If you post User Content to the Site, unless we indicate otherwise, you grant vCloudPoint and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant vCloudPoint and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (x) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, (y) the User Content is accurate and not misleading, and (z) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to vCloudPoint, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to vCloudPoint.
- Export Restrictions
Any software and all underlying information and technology downloaded or viewed from this Site (collectively the “Software or Technical Data“) by you may be subject to PRC export control regulations and rules and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
- Press Releases
The information contained within press releases issued by vCloudPoint should not be deemed accurate or current except as of the date the release was posted. vCloudPoint has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
You agree to defend, indemnify and hold harmless vCloudPoint, its affiliated companies and their independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the Interactive Areas, your conduct with respect to the Site, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VCLOUDPOINT, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES“) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VCLOUDPOINT AND ITS AFFILIATES COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, THE INFORMATION, CONTENT AND ALL OTHER MATERIALS IN THE SITE. NEITHER VCLOUDPOINT NOR ITS AFFILIATED COMPANIES REPRESENT OR WARRANT THAT MATERIALS IN THE SITE, THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT SHALL VCLOUDPOINT, ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM VCLOUDPOINT OR ITS AFFILIATED COMPANIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VCLOUDPOINT’S RECORDS, PROGRAMS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VCLOUDPOINT OR ITS AFFILIATED COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VCLOUDPOINT OR ITS AFFILIATED COMPANIES FOR ACCESS TO OR USE OF THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
- Applicable Law; Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the PRC applicable to agreements made and to be entirely performed within Guangdong Province of PRC without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the courts located in Guangzhou City, Guangdong Province and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, vCloudPoint reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Site Terms.
vCloudPoint reserves the right to change or modify any of the terms and conditions contained in the Site Terms, any policy or guideline of the Site, and any and all content contained in the Site or Services offered through the Site at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
- Questions & Contact Information
Questions or comments about the Site may be directed to vCloudPoint at the email address [email protected]vCloudPoint.com or by calling us at 86-20-32204652.