UberCloud community site Terms of Use

TERMS OF USE

(Last amended December 9, 2013)

Welcome to www.TheUberCloud.com website (“Site”). Your use of this Site will be subject to the following terms and conditions. Please read them carefully. By accessing this Site or using our services, you are agreeing to these terms. If you do not want to be bound by these terms, you should leave this Site.

Compliance with Applicable Law and These Terms

You agree to comply with applicable law in connection with your access to, and use of this Site and any services made available at or through this Site. You agree not to use this Site or any service in a manner that: facilitates or encourages a violation of any law or regulation by others; impersonates or invades the privacy of another; infringes the rights of any third party, including intellectual property, business, contractual and fiduciary rights; involves internet gambling, illegal gaming, or other illegal activities; or interferes with the functioning of the Site or any linked web site. You also agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and web sites that you access or use in conjunction with this Site and/or any service. This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use is not permitted by local law or regulation.

Your Privacy/Security

Please see our Privacy Policy page for details regarding the manner in which we collect and use information about you, maintain the confidentiality of your personally identifiable information, and use technology and procedures to maintain security.

You agree to: notify us immediately if you become aware of the loss, theft or unauthorized use any password used by you in connection with this Site or any service; notify us immediately if you become aware of any breach or attempted breach of security involving this Site or any service; and avoid accessing or attempting to access the non-public areas of this Site or any other user’s password-protected information.

Linked Sites and Advertisements

You may be able to access web sites operated by third parties from this Site. Unless we tell you otherwise in writing, we do not operate or control any of the information, products or services on any linked sites. You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no responsibility for, any linked site or the actions or omissions of its owners or operators; (c) we make no endorsement of, and assume no responsibility for, any goods or services offered by companies at any other site; and (d) although we may have a contractual or other relationship with the operators of a linked site, we will not be responsible for the content, accuracy, integrity or operation of their site. Unless we agree otherwise in writing with you, you may not link to this Site on another website.

Limitation on Liability and Warranty Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THEUBERCLOUD, NOR ITS SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED REGARDING THIS SITE, ITS CONTENT, THE SERVICE, OR THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THIS SITE OR LINKED SITES. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES CREATED BY THIRD PARTIES, OR FOR INFORMATION PROVIDED BY THIRD PARTIES. NO CONTENT AVAILABLE AT OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY.

EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW. WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, DATA, USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. To the extent these laws apply to you, some of the provisions set forth in this Terms of Use may not apply.

We will not be liable to you for any failure or delay in performing our services or making the Site available for your use if the failure or delay is due to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; the application of any law, payment system rule, governmental guideline or regulation; terrorism; labor strikes or difficulties; communication system breakdowns; hardware or software failures; viruses introduced by you or third parties; our inability to confirm your identity or your authority to act; or our inability to access the networks through which we operate this Site or any service. Please note that the site may not be available at all hours due to maintenance and other reasons.

Proprietary Information

The UberCloud Logo and HPC Experiment Logo are service marks of TheUberCloud, LLC. All other featured logos are service/trademarks of their respective owners.

You acknowledge and agree that the software used by us in the operation of this Site, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, designs, graphics, marks and software used by us for this Site and the Service, are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to them by reason of this agreement or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as “screen-scraping” in an attempt to obtain a list of our Site users.

The work contained in these pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by TheUberCloud, LLC. Except as otherwise expressly stated herein, they may not be copied, reproduced, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent.

You are granted a non-exclusive, limited right to access the content on this Site and to print copies of any content only for your personal use. Commercial use of any content is prohibited.

Termination

We may terminate your use of the Site and the Service at any time without cause or prior notice. This may happen, for example, if your identity cannot be confirmed or the action is necessary to protect the security of this Site or the Service. This agreement will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

Miscellaneous

Amendments. We may add to, delete, or change these terms by posting a revised Terms of Use at the Site or by sending you a written or electronic notice. Your continued use of the Site or the Service after such notice will be evidence of your agreement to the changes. As such, you should visit this page periodically.

Governing Law. The validity, interpretation and legal effect of these terms will be governed by the laws of the State of New York, without reference to its conflict of law provisions. We make no representation that the materials in or the content of this Site are appropriate or available for use in all locations. If you are accessing this Site from outside the United States, for example, you agree to comply with any local laws that apply to your access and use of this Site and the Service.

Notices. You may send notices to us at help@TheUberCloud.com. We may send notices to you at your postal or e-mail address, or by posting a message on this Site.

Severability. If any provision of this Terms of Use is found to be invalid or unenforceable, the remaining terms will continue in effect.

Waiver. Any waiver of the provisions of these terms must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice.