Application of the Terms and Conditions
These Terms and Conditions take effect immediately for non-member visitors and members who register after the revision date.
These Terms of Use (the Terms) govern your access to our websites, email messages and mobile applications. These terms also include our Privacy Policy and Cookies Policy. By displaying and using wildcloud, you agree to be bound by these Terms. If you use wildcloud on behalf of a company or other legal entity, you acknowledge you agree to these Terms. This shall also apply if a separate agreement has been reached with you. You may not use wildcloud if you do not agree with the version of the wildcloud Terms when using wildcloud. The words “we” and “us” refer to wildcloud, are part and trade name of Wildcloud b.v.
Note that these Terms require the use of mediation on an individual basis to resolve disputes rather than litigation and limit the remedies available to you in the event of a dispute.
Suitability for use of wildcloud
To view or use wildcloud, you must be at least 18 years old and have the authority and permission to accept these Terms. Unless approved by us, wildcloud is intended, among other things, for commercial use. If you wish to use wildcloud for commercial purposes, you must establish an agreement with us. You may not use wildcloud if we terminate or block your account.
Your wildcloud account
To become a member of wildcloud (Member), you must create an account by submitting your company name and email address in order to receive a username and password. wildcloud may also have additional requirements for registration. You are fully responsible for keeping your password confidential. You agree never to use another Member’s account or password. You agree to notify us immediately if you suspect your account is being used unauthorized or you have unauthorized access to your password. You take full responsibility for any use of your account. Passwords can be reset at any time by wildcloud.
Your use of wildcloud
Code of conduct.
You may use wildcloud exclusively in a way that is in accordance with these conditions and all applicable laws, regulations, and other binding obligations (among others contractual obligations) that you possibly have in attendance of third parties.
- You shall not: Use any information you have received using wildcloud to harass, mock or hurt others, and use such information for contact, advertising, proximity or sales purposes about any visitor without the express permission of that visitor; introduce software or automated agents to wildcloud or access the Service in a manner that creates multiple accounts, generates automated messages, or steals or exploits data from wildcloud; obstruct, disrupt or overload wildcloud or the networks or services associated with wildcloud; interfere with, interrupt, adapt, subdue or decouple any data or functionality of wildcloud
- Links to third party websites. wildcloud may contain links to third-party websites that we use as a service on behalf of organizations interested in this information or that are published by other members. Any use of such links is at your own risk. We do not supervise, we have no control over, we do not claim any of it, and we do not vet any third party websites. Where such links are provided by us, they are provided for your convenience only and a link to a third party website does not in any way imply consent, acceptance, support or relationship with us regarding any particular third party website. If you leave wildcloud.com, our Terms and Conditions and Policy will no longer apply.
- Third party content on wildcloud. Content from other members, visitors, advertisers and other third parties is made available to you through wildcloud. (“Content”) means any written work or information you encounter on wildcloud, including reviews, photos, reactions, advertisements, comments, opinions, messages placed, resumes, messages, text files, images, writings, emails or other materials. Since we have no control over such Content, you agree that: (1) we do not accept responsibility for or approve such Content in any way, including, without limitation, advertising and information about third party products and services, advertising, and customer and intermediate information provided anonymously by Members; (2) we do not warrant the accuracy, courtesy, adequacy, or quality of the information in such Content; and (3) we do not accept liability for any unintentional, offensive, incorrect, misleading, or unlawful content provided by other visitors, employers, advertisers, or third parties. We cannot be held liable for any claims arising from content offered by third parties on wildcloud.
Sharing your content using wildcloud
- You are responsible for the content of your website(s). You take full responsibility for all content posted to the Internet through your wildcloud account (“Your Content”) and for the presentation of any cases about us in your Content. By posting your content on wildcloud, you agree to have read, accept and adhere to our Code of Conduct.
- Statement on your content. You agree and warrant that: You own your Content or otherwise have the right to assign the right of use described in the Terms; Your Content does not infringe any personal rights, publication rights, copyrights or other rights of any third party.; By providing or posting Your Content, You do not violate any binding confidentiality, confidentiality or contractual obligations You have entered into with any third party.; Information You provide through reviews, photos, reactions, advertisements is accurate.; Do not disclose information You may not disclose to any third party under any binding contractual obligation or under law, since any information You provide will be accessible to any wildcloud visitor.
- Forbidden content. You agree not to place any Content that: Insults or in any way encourages racism, intolerance, hatred or physical discrimination against any group or person or encourages the harassment, harassment or harassment of others; associated with the transmission of unsolicited e-mails, chain letters, unsolicited mass mailings or spam; that recommends, endorses or encourages false or misleading or unlawful activities or recommends conduct that is abusive, threatening, obscene, defamatory or disgraceful; that aims to promote or disseminate an illegal or unauthorized copy of the work of another person protected by copyright or trade secret laws, including the offering of cracked.
Special provisions that apply to advertisers
This provision applies to all advertisers, including clients, intermediaries, partners that buy advertisements or display advertisements. Unless otherwise agreed with us, you are not entitled to use data collected via or derived from advertisements (advertisement data) for any other purpose (including retuning, building or extending visitor profiles, or enabling piggybacking, redirecting with labels, or combining with data from campaigns from multiple advertisers) than judging the performance and efficiency of your campaigns, provided that this happens on a collected and anonymous basis. It is not permitted and you may not allow any third party to transfer or sell advertisement data, or to use advertisement data with reference to an advertisement network, advertisement exchange, a data broker or another party that does not act on behalf of you and your campaigns. You are entitled to use information that visitors provide to you directly, if you mention this explicitly and if you get permission from this visitor and you meet all applicable laws and industry guidelines.
Enforcement by wildcloud
- Removal of content. Although wildcloud is not obliged to do so, wildcloud reserves the right to assess and remove (or adapt) any Content inconsistent with these Terms or any other applicable policy inconsistent with wildcloud (including our Code of Conduct). We can do this at our discretion. If you notice any Content on wildcloud that you believe is in violation of our policies, You may report such content by sending an email to contact@wpcs.io (e.g. a link called: Inappropriate or Mark Verification) or by notifying us of it. Once informed, we will assess the content and consider removing or adapting it. Note that the interpretation of the Guidelines and the decision as to whether to edit Content shall remain with wildcloud and shall be at our sole discretion. You understand and agree if we do not edit or remove any Content you find objectionable, it will not violate these Terms or any agreement we have with you.
- Copyright policy. wildcloud has implemented the following copyright infringement policy for wildcloud. It is our policy to terminate memberships of members who repeatedly infringe copyrights as soon as notified to us by the copyright holder or the legal representative of the copyright holder. Without taking anything away from the foregoing, you will be required to provide our agent with the following copyright information if you believe your work, contrary to these Terms, is copied and used on wildcloud in a manner that constitutes an infringement: an electronic or physical signature of the person authorized to represent interests on behalf of the copyright holder; an identification of the work subject to the copyright that you believe has been infringed;
A description of where the material that you believe has been infringed is located on wildcloud; your address, telephone number and email address; a written statement from you stating that you believe in good faith that the copyright holder does not permit the contested use, his or her agent under the law; and a statement from you under penalty of perjury that the information previously provided in your statement is accurate and that you are the copyright holder or that you are acting on behalf of the copyright holder. If you believe the content has been erroneously removed, you can contact our copyright agent. This person will inform you about the requirements and procedure for submitting a counter-complaint. You can contact our copyright agent if you wish to report alleged copyright infringement by writing a letter to contact @ wpcs.io. - Other enforcement actions. Although we are not obliged to do so, we reserve the right, in our sole discretion, to investigate and take appropriate action with respect to you if you breach these Terms, including but not limited to: removing Content from wildcloud (or adapting it); suspending your permission to use wildcloud; terminating your membership and account; stating that you are subject to a law enforcement authority, regulatory authority or administrative organization; and taking legal action against you.
- Defending our members. Although we are not obliged to do so, we reserve the right to take appropriate measures to protect the anonymity of our members regarding the execution of subpoenas or other information requests aimed at tracking down a member’s electronic address or identification of information.
Rights regarding your content
We do not claim ownership of the Content you post with wildcloud, but to lawfully offer wildcloud to our visitors, we have certain rights with respect to the use of such Content in connection with wildcloud, as set out below. By posting Content through wildcloud, you are giving us an unlimited, irrevocable, perpetual, non-exclusive, fully paid license free of royalties (with the authority to provide sublicenses to an unlimited number of license holders) for the use, copying, performing, displaying, creative derivation of works, and distribution of such Content through any medium (known now or being developed subsequently) that applies throughout the world. No remuneration will be paid for content you post with wildcloud. Only publish information with wildcloud that you can share unencumbered in accordance with the terms of these Terms of Use.
Rights to wildcloud Content
wildcloud contains content provided by us and our licensors. We and our licensors (among whom our visitors) own and retain all proprietary rights (and intellectual property rights) to the Content we offer separately, and wildcloud owns and retains all proprietary rights to wildcloud. If you are a websitevisitor, we hereby grant you a limited, revocable, non-sub-licensed license under the intellectual property rights we may grant under license to download, view, copy, and print Content on wildcloud solely for your own use in conjunction with wildcloud. Except as provided above, you agree not to: (1) reproduce, adapt, publish, distribute, distribute, publicly perform or display, sell or produce derivative works based on wildcloud or the Content; or (2) rent, lease, lease, lend or sell access to wildcloud. wildcloud ® is a registered trademark of Wildcloud b.v. The trademarks, logos and service marks (trademarks) displayed on wildcloud are our property or the property of third parties. You may not use our trademarks without our prior written permission or the permission of the third party who owns the respective trademark.
Disclaimer
You agree you will indemnify and hold us, our subsidiaries, our affiliates, our officers, agents and other partners and employees harmless from and against any claim, loss, liability or requirement under which reasonable attorneys “fees are incurred by any third party following or due to your use of wildcloud and as a result of his or your breach of these Terms of Use of any type whatsoever.
Disclaimers and restriction of liability
The disclaimers and disclaimers in this Section apply to the maximum extent permitted by applicable law. Nothing in this Section is intended to limit rights that may not be restricted by law.
We are not responsible for any inaccurate content (including information in profiles and reviews) placed on wildcloud, whether caused by visitors or devices or the programming associated with or used in wildcloud. We are not responsible for any errors, omissions, interruptions, distances, defects, processing or transmission delays, communication failures, theft or destruction, unauthorized access or alteration of any communication with other visitors. We are not responsible for any problems or technical malfunctions of hardware or software resulting from technical programs on the Internet, on wildcloud or any combination of both, which may result in any injury or technical damage to visitors or a person’s computer if this is related to participation or downloading materials related to wildcloud. wildcloud is not liable under any circumstances for any damage to visitors.
We disclaim all warranties and provisions of any kind, whether express or implied, including warranties or provisions relating to merchantability, appropriateness for a particular purpose, property, enjoyment, accuracy or non-infringement of any rights. We do not warrant in any way: (1) that wildcloud will meet your requirements; (2) that wildcloud will be available on an uninterrupted, punctual, secure or error-free basis; (3) that the results that may be obtained through use of wildcloud will be accurate or reliable.
You hereby indemnify us, our officers, employees, intermediaries and assigns against all claims, demands and losses, damages, rights and actions of any kind directly or indirectly related to or due to: (1) interaction with other visitors or users of wildcloud, (2) your participation in these offline events.
IN NO CASE WE WILL BE LIABLE TO A THIRD PARTY, FOR PROFIT LOSS OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, COLLATERAL DAMAGES, INCIDENTAL, SPECIAL OR IMPLIED DAMAGES RESULTING FROM YOUR USE OF wildcloud.
Termination
These Terms will remain in effect as long as you use wildcloud and for Members as long as your account remains open. We reserve the right to suspend or terminate your account or your access to portions of wildcloud without notice if we believe you have violated these Terms. All provisions of these Terms will remain in effect at the time of termination or expiry of these Terms, except those that grant you access to wildcloud or a right of use in respect of wildcloud.
Amendments in the conditions
We reserve the right to update these Terms from time to time by posting an updated version of the Terms on wildcloud, and you agree the revised Terms will be in force thirty (30) days after the changes are published. Your continued use of wildcloud will be subject to the most recent version of the Terms.
Dispute settlement
Applicable Law. This Agreement and any individual claim or dispute between you and us, including but not limited to any claim or dispute in any way related to or arising out of this Agreement or your access to or use of wildcloud, shall be governed by the laws of the Netherlands without the principles or provisions of conflicting laws providing for the application of laws in any other jurisdiction. Any claim or dispute not subject to the arbitration provision below shall be subject solely to the arrondissement where Wildcloud B.V is based.
By this agreement you dissociate yourself from participating in a collective trial. You agree to go to court only as an individual and not as a plaintiff or member of a collective in an intended collective or represented trial. Arbitration will take place on an individual basis; collective arbitration and collective court proceedings are not admissible.
Other
Except as expressly stated in any other agreement that we have entered into with you, these Terms shall include the full agreement between you and us regarding your use of wildcloud and these Terms shall prevail over any other previous proposals, negotiations, agreements and agreements relating to these Terms. You represent and warrant no other person has made any promise, representation or warranty, either express or implied, not contained in this document to encourage you to enter into this Agreement. Failure on our part to exercise any authority or provision of these Terms shall not mean we dissociate ourselves from any such right or provision. If any provision of these Terms appears unworkable or void, this shall be adjusted in such a way it reflects the intent of the parties or is subjected to it to such a minimum extent that the other terms are in full force and effect.
Complaints procedure
Wildcloud b.v. has a complaints procedure. If you do not agree with the terms, the billing, reviews or our service, you can use our complaints procedure by contacting us by e-mail at support @ wpcs.io.