Terms of Service

The following terms and conditions govern all use of the Clouden websites and all content, services, and products available at or through the websites, including, but not limited to, Clouden FM ("FM"), (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Clouden's Privacy Policy) and procedures that may be published from time to time by Clouden (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Clouden Oy, Finland ("Clouden" or "we"). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Clouden, acceptance is expressly limited to these terms. Our Services are not directed to children younger than 16, and access and use of our Services is only offered to users 16 years of age or older. If you are under 16 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older. Use of our Services requires a Clouden account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

#Clouden Account

If you create a Clouden Account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Clouden of any unauthorized uses of your account, or any other breaches of security. Clouden will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

#Responsibility of Publishers

If you post material to a Clouden Service, post links on Clouden Services or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Clouden Services, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Clouden, you grant Clouden a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Content. This license allows Clouden to make publicly-posted content available to third parties selected by Clouden so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Clouden will use reasonable efforts to remove it from Clouden services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Clouden has the right (though not the obligation) to, in Clouden’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in Clouden’s reasonable opinion, violates any Clouden policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Clouden Services to any individual or entity for any reason. Clouden will have no obligation to provide a refund of any amounts previously paid.

#Payment and Renewal

General Terms. Paid services such as channel subscriptions are available (any such service, a "Paid Service"). By selecting a Paid Service you agree to pay Clouden the recurring subscription fees indicated for that service. Payments will be charged on a pre-pay basis at the time you sign up for an Service and will cover the use of that service for a subscription period as indicated.

Automatic Renewal. Unless you notify Clouden before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time in the Account section of our website.

Credits. Purchased credits are refunded only in exceptional circumstances at Clouden's sole discretion. Prices of services paid using credits may be changed at Clouden's sole discretion.

#Responsibility of Visitors

Clouden has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Clouden does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Clouden disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

#Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Clouden links, and that link to Clouden. Clouden does not have any control over those non-Clouden websites, and is not responsible for their contents or their use. By linking to a non-Clouden website, Clouden does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Clouden disclaims any responsibility for any harm resulting from your use of non-Clouden websites and webpages.

Clouden reserves the right, at Clouden's sole discretion, to terminate accounts determined to be violating copyright laws. In the case of account termination due to copyright infringement, Clouden will have no obligation to provide a refund of any amounts previously paid to Clouden.

#Intellectual Property

This Agreement does not transfer from Clouden to you any Clouden or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Clouden. Any trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of Clouden or other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Clouden or third-party trademarks.

#Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

#Termination

Clouden may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Clouden account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

#Disclaimer of Warranties

Our Services are provided "as is". Clouden and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Clouden nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

#Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the country of Finland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Helsinki, Finland.

#Limitation of Liability

In no event will Clouden, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Clouden under this agreement during the twelve (12) month period prior to the cause of action. Clouden shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

#General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Clouden Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

#Indemnification

You agree to indemnify and hold harmless Clouden, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

#Translation

These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

#Miscellaneous

This Agreement constitutes the entire agreement between Clouden and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Clouden, or by the posting by Clouden of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Clouden may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

#Attribution

This material is derived from Automattic and licensed under CC BY-SA 4.0.

#Change log

2018-05-20: Age limit is now 16
2018-01-05: Added clarifications on credit payments
2017-08-12: Cleaned up non-existing references
2017-06-04: Initial version