Terms & Conditions

Cloudstudios Terms and Conditions of Use

Last Updated: May 7, 2021

Welcome to Cloudstudios!

Cloudstudios offers website templates and related services that allow you to easily build and launch your own webpage to, among other things, sell your services to your clients, share your schedule with your clients, communicate with them, build a video library and accept payment from your clients in most currencies.

These terms and conditions of use apply to all visitors to our website at cloudstudios.com as well as any users of our Cloudstudios services on any mobile or other applications (collectively with the Cloudstudios website, the “Cloudstudios Service”).

These terms and conditions are not intended to apply to visitors of any webpage or website that you build using our Site or services, or to clients who purchase, subscribe to, or use your services (collectively “your end-users”).  Cloudstudios has no contractual or other relationship with your end-users and it is your responsibility to ensure that you have appropriate terms and conditions, including any required privacy policy, that are entered into by and between you and your end-users.

if you are a united states or european union user of the CLOUDSTUDIOS SERVICE or services, some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.

Acceptance of These Terms and Conditions of Use

These terms and conditions of use constitute a legal agreement and are entered into by and between you and Cloudstudios Technologies Inc. (“Cloudstudios,” “we,” “us,” “our”). These terms and conditions, together with any documents or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through the cloudstudios.com site.

BY USING THE SITE, OR BY SIGNING UP FOR OUR SERVICES AND CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT Privacy Policy, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE.

By using the Cloudstudios Service, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Cloudstudios and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Cloudstudios Service.

Responsibility for Your End-Users

YOU UNDERSTAND AGREE THAT ANY WEBPAGE OR WEBSITE THAT YOU BUILD USING CLOUDSTUDIOS, AND ANY SERVICES THAT YOU OFFER OR PROVIDE THROUGH THEM, ARE YOUR RESPONSIBILITY.

YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR, OR LIABILITY WITH RESPECT TO, ANY ASPECT OF YOUR WEBPAGES, WEBSITES OR SERVICES.   CLOUDSTUDIOS ASSUMES NO RESPONSIBILITY WHATSOEVER FOR YOUR OR YOUR END-USERS’ COMPLIANCE WITH ANY APPLICABLE LAWS.

YOU AGREE THAT CLOUDSTUDIOS SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, ANY OF YOUR DEALINGS OR TRANSACTIONS WITH YOUR END-USERS OR YOUR END-USERS USE OF YOUR WEBPAGES, WEBSITES OR SERVICES.

Modifications to the Terms and Conditions and to the Cloudstudios Service

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Cloudstudios Service. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms and Conditions.

The information, material and services provided as a part of the Cloudstudios Service, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Cloudstudios Service is restricted to users or unavailable at any time or for any period.

Your Use of Cloudstudios and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Cloudstudios Service. Users are required to ensure that all persons who access the Cloudstudios Service through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Cloudstudios Service, including content or areas of the Cloudstudios Service, may require user registration. It is a condition of your use of the Cloudstudios Service that all the information you provide on the Cloudstudios Service is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Cloudstudios Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Cloudstudios Service.

Your provision of registration information and any submissions you make to us or the Cloudstudios Service through any functionality of the Cloudstudios Service (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Cloudstudios Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of the Cloudstudios Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Cloudstudios Service; (f) using any robot, spider, or other automatic device, process, or means to access the Cloudstudios Service for any purpose, including monitoring or copying any of the material on the Cloudstudios Service or any of our client’s websites; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Cloudstudios Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Cloudstudios Service.

Intellectual Property Rights and Ownership 

You understand and agree that the Cloudstudios Service and its entire contents, features, and functionality, including, but not limited to, all information, subdomains, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Cloudstudios, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

In order to create your own website on the Cloudstudios Service, you may be required to create a unique subdomain (e.g. yoursubdomain.cloudstudios.com). Any subdomain created and used with a Cloudstudios top level domain is wholly owned by Cloudstudios. You are granted a limited licence to use such a subdomain with your Cloudstudios website. Upon the termination of your account with Cloudstudios, or upon any termination of your access to the Cloudstudios Service, the licence granted to you by Cloudstudios to use the cloudstudios.com subdomain will be cancelled and the subdomain will be available for use by another account on the platform should another user adopt the same subdomain. The alphanumeric sequence that you use for your Cloudstudios subdomain is, for the purposes of these Terms and Conditions, User Content that is submitted by you, and is subject to the provisions of these Terms and Conditions that are applicable to User Content.

Cloudstudios reserves the right to reserve, restrict, edit (in whole or in part), remove, or delete any subdomain registered on the platform at Cloudstudios’ sole discretion.

The Cloudstudios name and trademark, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Cloudstudios or its affiliates or licensors. You must not use such marks without the prior written permission of Cloudstudios. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Cloudstudios Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Cloudstudios Service for your personal and non-commercial use to build your own webpage or website (although you may of course use such a webpage or website that you build and that you are solely responsible and liable for, for commercial use). You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Cloudstudios Service, in any form or medium whatsoever except on your computer and browser where you may temporarily store or cache copies of materials being accessed and viewed.

Users are not permitted to modify copies of any materials from the Cloudstudios Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You have no right, title, or interest in or to the Cloudstudios Service or to any content on the Cloudstudios Service (other than content uploaded by you for use on your own webpage or website that you create using Cloudstudios), and all rights not expressly granted are reserved by the Cloudstudios. Any use of the Cloudstudios Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and Site Content Standards

As a condition of your access and use of the Cloudstudios Service, you agree that you may use the Cloudstudios Service only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information that you submit or upload when building your webpage or website (collectively, “User Content”) and any and all Interactive Functions. Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Cloudstudios Service and any User Content shall not:

(a)        In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

(b)       In any manner violate the terms of use of any third-party website that either we or you link to, including but not limited to, any third-party social media website.

(c)        Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Cloudstudios’ sole discretion.

(d)       Attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

(e)        Involve, provide, or contribute any false, inaccurate, or misleading information.

(f)        Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with any content standards that we publish from time to time.

(g)       Impersonate or attempt to impersonate Cloudstudios, a Cloudstudios employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

(i)        Encourage any conduct that restricts or inhibits anyone’s use or enjoyment of Cloudstudios, or which, as determined by us, may harm Cloudstudios or users of the Cloudstudios Service or expose them to liability.

(k)       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(l)        Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Content: Grant of Licence

None of the User Content you submit to the Cloudstudios Service will be subject to any confidentiality by Cloudstudios. By providing you User Content to the Cloudstudios Service, including for purposes of building your webpage or website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in accordance with the settings for your webpage or website. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Content and comply with these Terms and Conditions. You represent and warrant that all User Content complies with applicable laws and regulations.

You understand and agree that you (not Cloudstudios nor Cloudstudios’ shareholders, subsidiaries or affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors) are fully responsible for any User Content you submit or use, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted or used by you or any other user of the Cloudstudios Service.

Site Monitoring and Enforcement, Suspension, and Termination

Cloudstudios has the right, without provision of notice to:

(a)        Remove or refuse to post on the Cloudstudios Service any User Content for any or no reason in our sole discretion.

(b)       At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Cloudstudios Service and User Content and Site Content Standards or Terms and Conditions.

(c)        Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Cloudstudios Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Cloudstudios Service.

(d)       Terminate or suspend your access to all or part of the Cloudstudios Service, including removing or preventing third party access to any webpage or website that you created using Cloudstudios, for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS CLOUDSTUDIOS AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLOUDSTUDIOS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER CLOUDSTUDIOS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party, to monitor the Cloudstudios Service, or your webpage or website that you build using the Cloudstudios Service, or those of any other users of Cloudstudios. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance 

Although we make reasonable efforts to update the information on the Cloudstudios Service, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Cloudstudios Service, or any of the webpages or websites that are created by our users or that are hosted by us as a part of our services is accurate, complete, or up to date. Your use of the Cloudstudios Service is at your own risk and neither Cloudstudios nor its shareholders, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Cloudstudios Service.

Privacy 

By submitting your personal information and using the Cloudstudios Service, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at Privacy Policy, as we deem necessary for use of the Cloudstudios Service and provision of services.

By using the Cloudstudios Service you are consenting to the use of cookies which allow a server to recall previous requests or registration or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it.

Third-Party Sites 

For your convenience, the Cloudstudios Service may from time to time provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Cloudstudios Service. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

The  Cloudstudios website must not be framed on any other site, nor may you create a link to any part of our Cloudstudios Service other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Purchases

Your purchase or subscription of the services provided as a part of the Cloudstudios Service is subject to the following terms and conditions.

Certain Cloudstudios Services require payment of a fee to Cloudstudios (each a “Fee”).  Some Fees may be on a per transaction basis and others may be automatically renewing subscription Fees.  Unless otherwise indicated at the time that you elect to receive a Cloudstudios Service in respect of which we charge an automatically renewing subscription Fee, you will automatically be invoiced and the Fee collected on the date on which you submit initial payment and on the date of each renewal period until you cancel the subscription. You may cancel a subscription at anytime but such cancellation of the applicable service will only be effective on the last day of the billing period during which you cancelled the service, and we will continue to provide the cancelled service until the last day of that billing period.

Cloudstudios may change its Fees at any time and in our sole discretion upon notice to you. If you do not agree with the Fee change you have the right to discontinue use of the Cloudstudios Service and any Cloudstudios Services subject to the Fee change.

Cloudstudios may from time to time offer third party services to you through the Cloudstudios services. You are responsible for the payment of all fees to such third parties whether or not such third party fees are integrated with the Fees charged by Cloudstudios.  You may be subject to the terms and conditions and privacy policy of any third party services engaged by you via the Cloudstudios Services in addition to these Terms and Conditions.

All Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar assessments. You are responsible for all harmonized sales tax (HST), provincial sales tax (PST), goods and services tax (GST), value added tax, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, provincial, territorial or local governmental entity on any amounts payable by you under this Agreement.

If you contact your bank or credit card company to decline or reverse any fees payable to us, we reserve the right to automatically suspend or terminate your account. We reserve the right to dispute any chargeback.

We use third party payment processors to bill you and collect our Fees. Payment processing is subject to the terms and conditions and privacy policies of these third party payment processors, in addition to these Terms and Conditions. You agree to pay us through these payment processors with the payment method you provide in your account. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received. Our current payment processor is Stripe, Inc.

Geographic Restrictions

The owner of the Cloudstudios Service is based in the Province of Ontario in Canada. If you access the Cloudstudios Service from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CLOUDSTUDIOS SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE CLOUDSTUDIOS SERVICE IS AT YOUR OWN RISK. THE CLOUDSTUDIOS SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE CLOUDSTUDIOS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CLOUDSTUDIOS NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE CLOUDSTUDIOS SERVICE OR ITS CONTENTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CLOUDSTUDIOS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE CLOUDSTUDIOS SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE CLOUDSTUDIOS SERVICE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CLOUDSTUDIOS NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED SITES OR SUCH OTHER THIRD-PARTY SITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cloudstudios, its shareholders, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms and Conditions, and (ii) your use of the Cloudstudios Service, including, but not limited to, your User Content, third-party sites, any use of the Cloudstudios Service’s content, services, and products other than as expressly authorized in these Terms and Conditions; and (iii) any third party claim commenced by any of Your End-Users as against Cloudstudios arising out of or relating to your webpages or websites created using the Cloudstudios Service, or your services provided through such webpages or websites.

Governing Law and Choice of Forum

The Cloudstudios Service and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to the Cloudstudios Service or under these Terms and Conditions will be instituted in the courts of the Province of Ontario or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

No failure by any party to exercise, or delay by any party in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, our Privacy Policy and any other documents incorporated by reference into the Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and us regarding the Cloudstudios Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This website is operated by Cloudstudios.

All notices of copyright infringement claims should be sent to support@cloudstudios.com.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Cloudstudios at support@cloudstudios.com.

All other feedback, comments, requests for technical support, and other communications relating to the Cloudstudios Service should be directed to support@cloudstudios.com.