This is a legal agreement between you and cloudromance. By accessing cloudromance web site, and/or using any of the Services (as defined below), you become a user and agree to, and are bound by the terms and conditions of this Agreement for as long as you continue to use the Site or Services. Your use of, or participation in certain Services may be subject to additional terms, and such terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
This Agreement is subject to change by cloudromance in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. This Agreement and your use of the Services will be invalid if you do not comply with these age requirements.
- Criminal History. cloudromance DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. You are solely responsible for taking appropriate safety precautions in connection with your use of the Site or Services, as more fully set forth in Section 2 below.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for keeping your user name and password(s) confidential. You acknowledge that cloudromance is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user names and passwords.
- Information Submitted. You are solely responsible for, and assume all liability regarding:
(i) the information and content you contribute to the Services;
(ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services;
(iii) your interactions with other Registered Users through the Services.
- Reporting of Violations. You will promptly report to cloudromance
(i) any violation of the Agreement by others, including but not limited to, other Registered Users of which you become aware
(ii) any known or suspected unauthorized access to your account.
- Content Removal. cloudromance reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. cloudromance will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
- Posting and Communication Restrictions. You will not post on any of the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes tribalism, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, etc.) without obtaining permission first;
- contains images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities; or
- contains any materials which infringe or violate any third party's right(s).
- promotes tribalism, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- No False Information. You warrant that you will not provide inaccurate, misleading or false information to cloudromance or to any other user. If information provided to cloudromance or another user subsequently becomes inaccurate, misleading or false, you will promptly notify cloudromance of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. without permission from CR. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you may cause substantial harm to cloudromance.
- Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper).
- No Harassment of cloudromance Employees or Agents. You will not harass, annoy, intimidate or threaten any cloudromance employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights.
- Ownership of Proprietary Information. You hereby acknowledge and agree that cloudromance is the owner of highly valuable proprietary information, including without limitation, the patented members profiles, and relationship questionnaires (collectively, "Confidential Information"). cloudromance owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any Confidential Information or other copyrighted material, trade-marks, or other proprietary or copyrighted information or materials accessible via the Services, without first obtaining cloudromance.com or the relevant third party's prior written consent.
- Other Users' Information. Other Registered Users may post copyrighted information or materials, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any cloudromance or third party proprietary information available via the Services or the Site.
- Licence to Posted Content. By posting information or content to any profile pages or public area of the dating site, you automatically grant, and you represent and warrant that you have the right to grant, to cloudromance and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licences of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information
- No Contact Information. You agree that you will not post any e-mail address, personal website address or profile page you may have on a third party website, or other contact information in the "About Me" section of the dating Service.
- Disclosure By Law. You acknowledge and agree that cloudromance may disclose information you provide if required or permitted to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to
(1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law);
(2) protect or defend cloudromance's or a third party's rights;
(3) protect someone's life, health or safety, such as when harm or violence against any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. cloudromance reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, cloudromance suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that cloudromance, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that cloudromance is permitted to make such disclosure.
5. Disclaimer of Warranty
- No Warranties. This section will apply to the maximum extent permitted by applicable law. cloudromance provides the Services with reasonable skill and care, and except as expressly provided in this Agreement, does not make or grant (and hereby excludes) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. cloudromance does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. cloudromance disclaims liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by cloudromance, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. cloudromance does not warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Site or the Services, or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than cloudromance. Under no circumstances will cloudromance be responsible for any loss or damage resulting from anyone reliance on information or other content posted on the Site or the Services, or transmitted to or by any users.
- Beta Features. From time to time, cloudromance may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at cloudromance's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
6. Limitation of Liability
- Incidental Damages. To the maximum extent permitted by applicable law, in no event will cloudromance be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if cloudromance knows or has been advised of the possibility of such damages.
- Aggregate Liability. Under no circumstances will cloudromance's aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Services or the Site, exceed the price paid by you for your account.
- No Liability for non-cloudromance Actions. To the maximum extent permitted by applicable law, in no event will cloudromance be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other Registered Users of the Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
- Information Verification. cloudromance and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that cloudromance and its contractors will have no liability to you arising from any incorrectly verified information.
- No Exclusions. Nothing in this Agreement shall limit or exclude cloudromance's liability for death or personal injury arising from cloudromance's negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud or fraudulent misrepresentations by cloudromance.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless cloudromance, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of
(a) your use of or inability to use the Site or Services
(b) any user postings made by you
(c) your violation of any terms of this Agreement or your violation of any rights of a third party
(d) your violation of any applicable laws, rules or regulations. cloudromance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with cloudromance in asserting any available defenses.
8. Communication and Privacy
In accordance with our Privacy Statement, we may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
9. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services (or, where relevant, when you expressly accept this Agreement when registering as a Registered User) and will remain in full force and effect unless and until terminated hereunder. Either you or cloudromance.com may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. cloudromance reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to cloudromance by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any Registered User's use of the Singles Service, cloudromance reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
10. Cancellations of Your Account
You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by sending a notice of cancellation to support staff with the title "Cancel My Subscription" or "Close Account" and providing the information requested. such notice being effective upon our receipt. Your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
11. Revision Date
This Agreement was last revised on August 12, 2011.