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Welcome to MakeCloudWork Inc. (“Company”, “we”, “us”, “our”). These Terms of Use (“Terms”) govern your access to and use of our website located at makecloudwork.com (the “Site”) and any related services, content, or applications offered by us (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. Please review these Terms periodically for updates.
By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these Terms.
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
1. Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services.
2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Site.
3. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
4. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Services.
5. Violate any applicable laws or regulations in connection with your use of the Services.
1. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MakeCloudWork Inc., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The MakeCloudWork name, the MakeCloudWork logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MakeCloudWork Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of MakeCloudWork Inc. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You may submit, post, or display content, including but not limited to text, images, and other materials (collectively, “User Content”) on or through the Services. You retain ownership of all intellectual property rights in your User Content. By submitting User Content, you grant MakeCloudWork Inc. a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and MakeCloudWork Inc.'s business. You represent and warrant that you own or have the necessary rights to submit the User Content and that the User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of privacy or publicity, or any other rights.
We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. MakeCloudWork Inc. does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components.
In no event shall MakeCloudWork Inc., its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
You agree to defend, indemnify, and hold harmless MakeCloudWork Inc., its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Nova Scotia to resolve any disputes arising out of or related to these Terms or the Services.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Halifax, Nova Scotia, before one arbitrator. The arbitration shall be administered by the ADR Institute of Canada, Inc. pursuant to its rules and procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MakeCloudWork Inc. regarding the use of the Services, superseding any prior agreements between you and MakeCloudWork Inc. relating to your use of the Services.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MakeCloudWork Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without MakeCloudWork Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MakeCloudWork Inc. may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at:
MakeCloudWork Inc.
Email: [email protected]
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