Introduction

These Standard Terms and Conditions written on this webpage shall manage your use of our platform, Cloutal website accessible at cloutal.com and Cloutal applications via app stores.

These Terms will be applied fully and affect to your use of Cloutal platform. By using Cloutal, you agreed to accept all terms and conditions written in here. You must not use Cloutal platform if you disagree with any of these Standard Terms and Conditions.

You must be at least 13 years old to use Cloutal Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use Cloutal Service.

Intellectual Property Rights

Other than the content you own, under these Terms, Cloutal and/or its licensors own all the intellectual property rights and materials contained in this platform.

You are granted limited license only for purposes of viewing the material contained on this platform.

Restrictions

You are specifically restricted from all of the following:

  • using this platform in any way that is or may be damaging to this platform;
  • using this platform in any way that impacts user access to this platform;
  • using this platform contrary to applicable laws and regulations, or in any way may cause harm to the platform, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this platform.

Certain areas of this platform are restricted from being access by you and Cloutal may further restrict access by you to any areas of this platform, at any time, in absolute discretion. Any user ID and password you may have for this platform are confidential and you must maintain confidentiality as well.

Your Content

In these Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this platform. By displaying Your Content, you grant Cloutal a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Cloutal reserves the right to remove any of Your Content from this platform at any time without notice.

In addition, you may not upload content that

  • contains sexually explicit content or pornography;
  • contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • violates any law.

No warranties

This platform is provided “as is,” with all faults, and Cloutal express no representations or warranties, of any kind related to this platform or the materials contained on this platform. Also, nothing contained on this platform shall be interpreted as advising you.

Limitation of liability

In no event shall Cloutal, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this platform whether such liability is under contract.  Cloutal, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this platform.

Indemnification

You hereby indemnify to the fullest extent Cloutal from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Cloutal is permitted to revise these Terms at any time as it sees fit, and by using this platform you are expected to review these Terms on a regular basis.

Assignment

Cloutal is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Cloutal and you in relation to your use of this platform, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in United States for the resolution of any disputes.

Last updated May 23, 2018.