Qloud Terms of Use

Qloud is provided by Tagshine, Corp. (“Tagshine”). These Terms of Use govern your use of the websites, content, software, functionality, and services offered through or by Qloud and Qloud.com (collectively, “Qloud”).

YOUR AFFIRMATIVE ACT OF USING QLOUD SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND THE QLOUD PRIVACY POLICY. YOU MAY NOT USE QLOUD UNLESS YOU AGREE TO THE TERMS OF USE AND THE QLOUD PRIVACY POLICY.

YOUR AFFIRMATIVE ACT OF DOWNLOADING, INSTALLING, OR USING THE QLOUD PLUG-IN SIGNIFIES THAT YOU AGREE TO THE QLOUD PLUG-IN TERMS AND CONDITIONS.

1. Termination of Use. Tagshine shall be free to terminate your access to all or part of Qloud at any time and for any or no reason. In addition, your right to use Qloud or any products, services, or software made available through Qloud shall automatically terminate if you violate these Terms of Use or any rules or guidelines posted in connection with Qloud or any products, services, or software made available through Qloud.

2. Modifications to the Terms of Use. Tagshine is free to modify these Terms of Use at any time and for any or no reason without providing notice. It is your responsibility to periodically review these Terms of Use for any modifications.

3. Additional Terms. Certain products, services, or software made available through Qloud may require compliance with additional rules and/or guidelines. By accessing or using such products, services, or software you agree to such additional rules and/or guidelines. You may not use such products, services, or software without agreeing to such additional rules and/or guidelines.

4.   Electronic Notice. You agree to receive electronic notices from Tagshine made available either via Qloud or through an email or instant messaging address provided by you to Tagshine.

5.   Privacy Policy. The Qloud Privacy Policy governs Tagshine’s collection and use of your information while using or accessing Qloud, including any products, services, or software made available through Qloud.

6. Changes to Qloud. Tagshine is free to modify or disable Qloud, including any products, services, or software made available through Qloud, at any time and for any or no reason without providing notice.

7. Unsolicited Commercial Messages. You are prohibited from using Qloud or any Qloud communications or computer networks to transmit, directly or indirectly, any unsolicited commercial messages (including emails and instant messages).

8. Your Responsibilities and Use of Qloud.

You may use Qloud only for personal, non-commercial purposes.
In order to access or use certain products, services, or software made available through Qloud, you may be required to provide certain information about yourself. You agree that any such information will be accurate and up to date. Tagshine shall be free to use such information in accordance with the Qloud Privacy Policy.
You agree that you shall use Qloud only in compliance with these Terms of Use, any other additional rules or guidelines, and any applicable law, regulation, practice, or guideline. You shall not use or attempt to use Qloud to distribute content or messages that are threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of a third party’s privacy. You shall not use Qloud to distribute inappropriate or sexually explicit material. In addition, you shall not use Qloud to violate Tagshine’s or a third party’s rights, including any intellectual property rights.
You agree that you shall only access, attempt to access, use, or attempt to use Qloud through the interface provided, or otherwise authorized, by Tagshine. You shall not access Qloud through any automated means, including, but not limited to, bots, scripts, automated data mining processes, and web crawlers, unless specifically authorized in writing by Tagshine. You will not use Qloud to distribute or in any manner use viruses or other harmful or unauthorized computer viruses, software, or applications. You may not adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from Qloud, including any software made available through Qloud, frame any portion of Qloud, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute Qloud without Tagshine’s prior written consent.
You will not disrupt or interfere, or attempt to disrupt or interfere, with Qloud.
You will not in any manner assist or enable any third party to violate these Terms of Use.
You agree that you are solely responsible for your breach of these Terms of Use, including any liabilities resulting from any such breach.
QLOUD, INCLUDING ANY SERVICES, PRODUCTS, OR SOFTWARE MADE AVAILABLE BY OR THROUGH QLOUD, IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF QLOUD COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

9. Proprietary Rights. You acknowledge and agree that as between Tagshine and you, Tagshine owns all legal rights, title, and interest in and to Qloud, including, but not limited to, the look and feel of Qloud and any software, images, audio, and video. Nothing herein gives you a right to use any of Tagshine’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Qloud.

10. Your Content. You retain copyright and any other rights you already hold in content, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other information (collectively, “Content”) which you submit, post, distribute, or display on or through Qloud. By submitting, posting, distributing, or displaying the Content, you provide Tagshine a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, sub-license, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display and distribute any Content in any medium and in any manner. You represent and warrant to Tagshine that you have all the rights, power and authority necessary to grant the above license.

11. Content on Qloud. You acknowledge that Content may be provided by you or third parties and distributed on or through Qloud. Such Content may be accessed and viewed by others, including the general public. You agree that Tagshine has no obligation to monitor any such Content. Tagshine is free to remove any such Content for any or no reason, but shall not be obligated to do so. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content without obtaining prior written consent from the Content’s owner. You understand that by using Qloud you may be exposed to Content that you may find offensive, indecent or objectionable and that you use Qloud at your own risk.

12. Passwords. You acknowledge that certain aspects of Qloud require you to create a user-name and password. You agree that you are solely responsible for maintaining the confidentiality of your user-name and password, and that you are solely responsible for any activities that occur through your account. If you become aware of a breach of the confidentiality of your password, or any unauthorized use of your account, you are required to contact Tagshine immediately at this page.

13. Use of Cellular Networks. You acknowledge that if you access or use Qloud through wireless applications, your wireless provider may charge fees for alerts, web browsing, messaging and other services. It is solely your responsibility to determine if any such charges apply to you, and you are solely responsible for any costs you incur to access or use Qloud through any wireless or other communication service.

14. Notification of Potential Copyright Infringement. If you believe that your Content has been made available on Qloud in a manner that violates your copyrights in and to such Content, please follow the notification procedure detailed here.

15. Links. You acknowledge that links to third party websites or Content may be made available through Qloud. You acknowledge and agree that Tagshine is not responsible or liable for any Content or other material or information made available through such third party websites, that Tagshine may have no control over any such third party website, and that Qloud does not endorse any advertising, products or services made available through such third party websites. In addition, you acknowledge and agree that Tagshine is not responsible or liable for the availability, accuracy, or completeness of any such third party website.

16. Advertisements. You acknowledge and agree that Tagshine may distribute advertisements through or via Qloud. Tagshine is not responsible or liable for any interaction between you and an advertiser, and does not endorse any advertising, or products or services made available through such advertising.

17. Disclaimer of Warranties. Qloud is provided “AS IS” with all faults and as available. Tagshine makes no express representations or warranties about Qloud. TO THE EXTENT PERMITTED BY LAW, TAGSHINE DISCLAIMS ANY IMPLIED WARRANTIES THAT QLOUD OR ANY SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH QLOUD OR BY TAGSHINE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF QLOUD IS AT YOUR SOLE RISK. YOU AGREE THAT ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN (“DOWNLOAD”) THROUGH QLOUD IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.

18. Limitation of Liability. TAGSHINE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON QLOUD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF WHETHER TAGSHINE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TAGSHINE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TAGSHINE’S LIABILITY, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF QLOUD EXCEED THE GREATER OF $100 OR THE MINIMUM AMOUNT PERMITTED BY LAW.

19. Miscellaneous Terms and Conditions.

Indemnification. You agree to defend, indemnify, and hold harmless Tagshine, Qloud and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of Qloud. Tagshine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tagshine in asserting any available defenses at no additional cost to Tagshine.
Choice of Law; Jurisdiction. You agree that the laws of Delaware govern this contract and any claim or dispute that you may have against Tagshine, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against Tagshine will be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. FOR THE PURPOSES OF CLARIFICATION, YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN DELAWARE OVER ANY CLAIMS INVOLVING TAGSHINE OR QLOUD.
Enforceability. This contract and any supplemental terms, policies, rules and guidelines posted on Qloud constitute the entire agreement between you and Tagshine and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. Policy Regarding Children 13 and Under. Qloud is not directed at persons under 13 years of age and persons that are 13 years of age and under are prohibited from registering with Qloud. If a parent or guardian becomes aware that a person 13 years of age or under has registered with Qloud, the parent or guardian should contact Tagshine at this page and Tagshine shall delete such person’s registration information and account within a reasonable time period.

Last Updated: The 25th of July 2007