TERMS AND CONDITIONS OF USE
Last update: March 8, 2022
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of or reliance on the site maintained by Cloud Paradise (the « Site »).
1. INTELLECTUAL PROPERTY
All intellectual property on the Site, with the exception of user-generated content as defined below, is owned by us or our licensors and includes all copyrighted material, trademarks and patents. All trademarks are owned, registered and/or licensed by us. All content on the site, with the exception of user-generated content as defined below, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian or other copyright law and is the property of Cloud Paradise. The material on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or modified, in whole or in part, whether in text, graphic, audio, video or executable form, without our written permission.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or any other items that may assist you in using the Site or Services (the « Company Content »). The Company’s Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.
3. USER-GENERATED CONTENT
User-generated content » includes communications, materials, information, data, opinions, photographs, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and/or other users of the site post or make available on or through the site, except content that is proprietary to us.
4. USER ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account identifying you as a user of the Site (a « User Account »):
a) you are solely responsible for your user account, for maintaining the confidentiality and security of your user account and all passwords associated with your user account, and for the activities of any person who has access to your account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password related to your user account, or any other breach of security of your user account or services provided through your user account, and you agree to assist us, as we may request, to stop or remedy any breach of security related to your account; and
c) you agree to provide true, accurate and current user information as we may request from time to time, and you agree to notify us of any changes to your user information as required to keep the information we hold true, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the transaction details, as the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you declare that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the total amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.
If you pay by debit or credit card, we can obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions or if we believe that by doing so we can prevent a financial loss.
In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share details of any payments you are associated with if we believe that such action may prevent financial loss or a breach of the law.
Payment for any ongoing service will be billed automatically until you notify us that you wish to terminate the services.
6. SALE OF PRODUCTS AND/OR SERVICES
We may sell goods or services. We are committed to being as accurate as possible with regard to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.
7. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any purpose prohibited by this clause. You agree not to use the Site in any manner that could harm the Site, the Services or Cloud Paradise’s business.
You also agree not to use the site for the following purposes:
a) harass, abuse, threaten or otherwise violate the rights of any person;
b) infringe the intellectual property of Cloud Paradise or any other third party;
c) upload or transmit computer viruses or any other software that may damage Cloud Paradise property or the property of others;
d) commit fraud ;
e) create or participate in gambling activities, lotteries or illegal pyramid schemes;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) unlawfully collect information about others.
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any other country in which we may operate.
When you register for a user account, you provide us with a valid e-mail address and may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications you use to access our site, or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as « clear gifs »), tags and the like.
We use the information we collect from you to ensure that you have a good experience on the site. We may also track some of the passive information we receive to improve our marketing and analytics, and may work with third-party suppliers to do so.
If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive the information you provide, such as your e-mail address.
If you choose to terminate your account, we will store and retain your information for the following period of time: 1 year. After this time, all information about you will be deleted.
9. REVERSE ENGINEERING AND SAFETY
You cannot undertake any of the following actions:
a) reverse engineer or disassemble any code or software on or from this site;
b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user or network.
10. DATA LOSS
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
You agree to defend, indemnify and hold Cloud Paradise and its affiliates harmless from and against any claims, actions or demands, including attorneys’ fees, arising out of or relating to your use or misuse of the Site, your violation of these Terms or your conduct and actions. If we choose to do so, we will choose our own lawyer and participate in our own defense.
12. SPAM POLICY
You are strictly prohibited from using the Site or any services offered on the Site for illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial e-mail.
13. LINKS AND THIRD-PARTY CONTENT
We may publish links to third-party sites or services. We are not responsible for any loss or damage arising from the use of third-party services linked to our site.
14. INDEPENDENCE OF CLAUSES
15. SERVICE INTERRUPTIONS
We may have to interrupt your access to the site in order to carry out maintenance work or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable for any damages or losses arising from such downtime.
16. TERMINATION OF USER ACCOUNT
We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or a third party that is interfered with by your use or misuse of the Site or if you have been or are currently in violation of any of the terms hereof. We shall have no liability to any third party, including any third party supplier, for any suspension, limitation or termination of your access to the Site.
17. NO WARRANTY
While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage resulting from an error on the site.
We accept no responsibility for any damage arising from misuse of the site content. Nor can we guarantee that the site will be available without interruption, without error or omission, or that defects will be corrected. Nor is it possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided « as is » and « as available » without representations, warranties or conditions of any kind, either express or implied.
If you choose to subscribe to services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to maintain its accuracy by making necessary updates as soon as practicable. You agree to maintain the confidentiality of any passwords or other account identifiers which you choose or are assigned at the time of registration or subscription on Cloud Paradise or its partners and to accept responsibility for all activities that occur under such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.
You agree that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use thereof), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with Cloud Paradise or any of its services, or with any of these terms, rules, policies, guidelines or our practices relating to the operation of Cloud Paradise or any of its services, your sole remedy is to discontinue using the site or service in question.
Communications via the Internet are subject to interception, loss or alteration, therefore you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we will not be liable for any damages you may suffer as a result of your use of the site. Cloud Paradise’s maximum liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Cloud Paradise in the last six months, whichever is greater. This applies to all claims including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.
20. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or require further information, please contact us at email@example.com.