Earthcube Clowder Terms of Service

Version: 2016-06-06

By using the Clowder software services ("Services"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SOFTWARE.

If any changes are made to these Terms, we will require you to accept these new Terms of Service before you can continue to use the Services. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at the help menu.

Violation of any of the terms below will result in the termination of your Account. While Earthcube Clowder prohibits such conduct and Content on the Service, you understand and agree that Earthcube Clowder cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use these Services.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person - i.e., a single login may not be shared by multiple people - except that a machine user's actions may be directed by multiple people. You may create separate logins for as many people as is needed.
• You are responsible for maintaining the security of your account and password. Earthcube Clowder cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

API Terms

• Customers may access their Earthcube Clowder account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Earthcube Clowder, is bound by these Terms of Service plus the following specific terms:
• You expressly understand and agree that Earthcube Clowder shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Earthcube Clowder has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to Earthcube Clowder via the API may result in the temporary or permanent suspension of your account's access to the API. Earthcube Clowder, in its sole discretion, will determine abuse or excessive usage of the API. Earthcube Clowder will make a reasonable attempt via email to warn the account owner prior to suspension.
• Earthcube Clowder reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Cancellation and Termination

• Earthcube Clowder, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Earthcube Clowder service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Earthcube Clowder reserves the right to refuse service to anyone for any reason at any time.
• In the event that Earthcube Clowder takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

Modifications to the Service

• Earthcube Clowder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Earthcube Clowder shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your materials to be viewed publicly, you agree to allow others to view your Content. By setting your spaces to be viewed publicly, you agree to allow others to view and fork your repositories.
• Earthcube Clowder does not pre-screen Content, but Earthcube Clowder and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
• You shall defend Earthcube Clowder against any claim, demand, suit or proceeding made or brought against Earthcube Clowder by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Earthcube Clowder for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Earthcube Clowder in connection with any such claim, demand, suit or proceeding; provided, that Earthcube Clowder (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Earthcube Clowder of all liability); and (c) provides to You all reasonable assistance, at Your expense.
• Earthcube Clowder will use best practices to keep your content secure and safe, but does not guarantee the availability of your data at all times. You as the content owner are responsible for making sure you have a backup of your data not stored in this Service.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Earthcube Clowder, or any other Earthcube Clowder service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Earthcube Clowder .
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Earthcube Clowder customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Earthcube Clowder) of other Earthcube Clowder customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
• Earthcube Clowder does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in the Service will be corrected.
• You expressly understand and agree that Earthcube Clowder shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Earthcube Clowder has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
• The failure of Earthcube Clowder to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Earthcube Clowder and govern your use of the Service, superseding any prior agreements between you and Earthcube Clowder (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
• Questions about the Terms of Service should be sent to administrators of this service (see the help menu for a link to send the email).