Welcome to cloud.tv, a website dedicated to Android apps, owned and operated by Cloud TV, Inc. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service, defined as both our website and our mobile applications (“App,” “application,” “app.”) Throughout this document, the words “Cloud TV,” “cloud.tv,” “Cloud TV, Inc.,” “us,” “we,” and “our,” refer to us, Cloud TV, Inc., our Site, cloud.tv, or our Service, including but not limited to our apps, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Corporate Information
Cloud.tv is owned and operated by Cloud TV, Inc. Cloud TV, Inc. is a corporation formed under the laws of the State of Delaware and having its headquarters and place of business in the State of California. It has been lawfully registered with the California Secretary of State to do business in the State of California, and its Entity Number In the State of California is C3448309. Unless otherwise stated in this Agreement or any other legal agreement with us, or otherwise permitted by law, all legal notices and documents, as well as general inquiries, should be served to us at:
Cloud TV, Inc.
500 Stanyan Street
San Francisco, California 94117
3. Description of Service
Cloud TV provides a number of apps for the Google Android platform, including:
- HD Widgets, which features custom widgets which display the time, date, location, weather, utility switches, and contact information.
- HD Weather, which displays the current weather and forecast.
- Cloudskipper, which is a music player with social sharing features.
- DayFrame, which permits creating slideshows that incorporate content from other social media.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“App” or “Apps” refers to one or more of our applications, whether or not we have named such applications in this Agreement, or have made such applications available at the time of the acceptance of this Agreement (we may introduce new apps which are also bound by this Agreement);
“Cloud TV” or “cloud.tv” refers to one or a combination of our company (Cloud TV, Inc.), our Site (cloud.tv), or our Service (including our Site and apps), depending on the context of the usage;
“Service” refers to the services that we provide, including our Site and our Apps;
“Site” refers to our website, cloud.tv;
“User” refers to you, those who use our Services, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Cloud TV, Inc.
5. Information Supplied
When you sign up for our Service, you will be asked for certain permissions to provide personal data to you from third parties with which you may already have an account. For example, we may require your permission to interface with Facebook, Flickr, Twitter, and other websites to provide you with data. We do not store this data but instead use it to provide our Service to you through the use of APIs.
As we are located in the United States, the Children’s Online Privacy Protection Act applies to us, meaning that if you are under thirteen years of age, you are not permitted to use our Service, regardless of whether you live in the United States or elsewhere. Despite the fact that we do not use our Service to collect information, we cannot do something while interfacing with a third party website that would make us a party to such information collection. We apologize for any inconvenience that this may cause.
Our Service is for information and entertainment only. A few points must be made:
- We are not the original collector or provider of current weather, forecast, or other information, but rather a third party disseminator of such information without any control over the accuracy of such data.
- Even accurate weather data can change quickly. It should not be relied upon in important situations, where you could face a financial loss, death, or injury as a consequence of inaccurate weather information.
- Like any other software, our apps may have errors or bugs in them that have yet to be worked out and may affect the intended use of our Apps.
- We cannot control the social slideshow media that appears on your DayFrame App or any other app that we may offer with this feature—what appears here depends on your settings.
Having regard for all of this, we therefore disclaim all liability for, and you release us from all liability for, any loss which may occur resulting from the unavailability, inaccuracy, or improper functioning of our Site, Service, or other app-related services, including but not limited to issues relating to the above points.
7. Server Maintenance and Other Downtime
Without limiting the generality of our “Disclaimer” section, the limitations on liability below, or any other defenses that we have under this Agreement, we hereby inform you that our Service may be unavailable for all or some of the following reasons, with or without advance notice:
- Host changes.
- Attacks or other interference by third parties.
Where downtime is planned, we will attempt to inform Users ahead of time, though we are in no way obligated to do so. You agree that we are not liable for any losses incurred as a result of our failure to inform you of such downtime, even if we are aware such losses may or will occur.
8. Modification of App
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal, or other purposes.
9. Extent of License
We make an App available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. At this time, some or all of our Apps, depending on the store, are available through the Google Play Store, the Amazon App Store, and Barnes & Noble Nook Apps. When you download our App, you are given the right to download one copy of the App at the price listed.
You acknowledge that we maintain all right, title, and interest in our Apps. Once you have downloaded the App your rights are limited to your personal use. This means you cannot sell our App anywhere else, share your license to use our App with anyone else, reverse engineer or otherwise attempt to copy our App, or try and make money off of it without our express written permission. Even if we offer our App for free (for example for promotional purposes), you must still abide by these provisions and not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement. Should you wish to install our App on more than one device, or on a new device, you must again download our App through an authorized provider.
All billing and disputes related thereto shall be solely between Users and the app store which supplies our App to such Users. You must, in addition to any terms required by such stores, to the extent that these terms are not incompatible with the stores’ terms, abide by these conditions:
- The credit card or other payment method you use must be owned by you, or you must be authorized by the owner of the account.
- You must not conduct fraudulent chargebacks. In addition to any remedies that the app store from which you download our App or Apps may have, Cloud.tv may refer the matter to a law enforcement agency as well as an attorney and/or collections agency for further action.
- You must not be barred from transacting business with United States persons. Specifically, you must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Cloud TV, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not download or use our App, even if the third party app store has failed to block your transaction on these grounds.
Failure to abide by these terms, or any other terms within this Agreement, is grounds for immediate termination of our Service to you, as well as the taking of legal action.
11. Rules of Conduct
Because our Site and Service permits interfacing with social media as well as other activities, we do have some rules governing what you may or may not do. When using our Site or Service, you agree that you will not:
- Violate any provision of law applicable in the State of California or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, You, Cloud TV, Inc., or the Service or Site that we provide.
- Violate the rules of any third party social media or other website which you use our Service to interact with.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Use our Service to disseminate anything violent, pornographic, hateful, racist, or otherwise objectionable. What is objectionable shall be the right of Cloud TV, Inc. to determine.
- Use our Service for fraud.
- Otherwise act in a manner which, at Cloud TV, Inc.’s sole discretion, is objectionable, or which does or likely will bring Cloud TV, Inc., cloud.tv, or any of our Apps, into disrepute.
12. Editorial Rights
You agree that, to the extent that we are technically capable of doing so by third party social media or other websites with which you use our Service to interact, and not otherwise prohibited by law or by contract, we may edit any material, including by partially altering or completely deleting it, that you may upload to such websites using our Service. This may be done for reasons including, but not limited to, the violation of our Rules of Conduct, this Agreement in general, or any provision of any law, or for technical or security reasons, but may also be done as of right without any explanation by us whatsoever.
You agree that the right to edit found within this section in no way imposes any limits on our rights under Section 230 of the Communications Decency Act, or under any common law privilege, statutory right, or other legal provision which provides us with a defense, excuse, or safe harbor for alleged defamation or other allegations of tortious conduct.
13. Our Copyright
The protection of code, advertising content, and other original material is essential to maintaining our business. You therefore agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, or our App, without our prior written permission. Such copying, even if otherwise permitted by law, has the potential to negatively impact our network capacity, therefore you agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding you beyond the applicable intellectual property laws.
14. Your Copyright
We may permit one or more of our Apps to be used to upload or share content, whether it is on our servers or through a third party website such as a social media network. However, we cannot permit you to upload content to us unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content online, whether it is to us or through our Service, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content.
You further agree that you authorize us as an agent to act on your behalf to remove any materials on other websites which copy copyrighted content which you have licensed to us under this section, and that you will notify us if you should authorize any other website to display such material so that we do not send an erroneous takedown notice to them or initiate an unjustified civil complaint. You agree that you will indemnify us for any expenses incurred by us as a result of your failure to comply with the notification requirements in this section.
“Cloud TV, ” “Cloudskipper,” “DayFrame,” “HD Weather,” and “HD Widgets” are trademarks used by us, Cloud TV, Inc., to uniquely identify our Site, Service, Apps, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or Apps, or their design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
16. Social Media Sharing
We may offer you the ability to share content to and from third party social media or other websites, including, but not limited to, Tumblr, Facebook, 500px, Flickr, Picasa, and Twitter. For example, you may be able to share, through DayFrame, various pictures through social media. Likewise, you may be able to share, using Cloudskipper, what you’re listening to and other comments through Facebook and Twitter.
You acknowledge and agree that our App is designed to assist social media sharing and may do so, and you further acknowledge and agree that we have no control over how these third party websites may use information provided to them.
You agree that to the extent any dispute involves both Cloud TV, Inc. and a third party website such as Facebook or Twitter as potential defendants, you will bring the case solely in accordance with this Agreement’s Choice of Law and Forum of Dispute provisions or, where a prior or subsequent agreement with the third party prevents you from abiding by those provisions, you will release us from any liability that we might otherwise have had and not name us as a defendant.
17. Revocation of Consent
Where Cloud TV, Inc. has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you. Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.
18. DMCA Notices
We take copyright infringement very seriously, and we have prohibited it under the terms of this Agreement. However, if a Cloud TV App is being used by a User to infringe on your copyright, you must remember that we are not legally responsible for that infringement unless we refuse to comply with a properly-formatted legal notice provide by you to us. For example, if someone uses DayFrame to share an infringing photograph, or uploads text using Cloudskipper that is a copy of someone else’s copyrighted text, we must be given sufficient notice to permit us to take that material down.
To this end, we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Site or Service under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Copyright Agent
Cloud TV, Inc.
500 Stanyan Street
San Francisco, California 94117
If sending the notification by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action. If it appears that you have a prima facie case for trademark infringement by a User, we will remove the allegedly infringing trademarked material.
19. Communications Decency Act
Our Rules of Conduct prohibit Users from using our Site or Service to post defamatory content. If you become aware of a User who is using our App or Apps to publish defamatory material, please contact us at firstname.lastname@example.org with full details and, if we wish to do so, we may decide to remove it.
However, please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Site by our Users. Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.
Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here. Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act, as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.
Finally, it is important to note that it may be a faster and more effective method to complain to the third party social media website where defamatory material appears than to complain to Cloud TV about someone’s actions. For example, we are not able to retract defamatory material published by a User to Facebook using one of our Apps—the most that we can do, should we choose to voluntarily do so—is to terminate that User’s permission to use our App. In these cases, we would recommend that you instead visit the third party website for more information on how to report abuse. In the case of Facebook, there is a specific “Safety Center” dedicated to this and other topics, which can be found at this link: https://www.facebook.com/safety.
20. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY INACCURACY OF CURRENT OR FORECAST WEATHER INFORMATION, OR FAILURE OF ANY GOODS OR SERVICES THAT MAY BE ADVERTISED THROUGH OUR SERVICE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE OR APPS WHICH PREVENT ACCESS TO OUR SITE OR APPS TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Site or Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
22. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
23. Forum of Dispute
You agree that any dispute naming Cloud TV, Inc. or any party acting on its behalf or for its benefit, including but not limited to its officers, contractors, and employees, will be heard solely by a court of competent jurisdiction in the State of California. Specifically, you agree that you will bring any actions against Cloud TV, Inc. solely within the Small Claims Court system of the State of California.
If your claim would otherwise be for an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree that you will bring a claim for the maximum amount over which the Small Claims Court has jurisdiction, and waive the right to collect any additional damages.
Additionally, you agree to waive the right to any remedies to which you might otherwise be entitled if a claim were brought outside of the Small Claims Court, including but not limited to equitable relief.
If a claim is not eligible to be heard by the Small Claims Court of the State of California, you agree to bring it in the next most simplified court process available within the State. If the reason the claim is not eligible to be heard in the Small Claims Court is because you are a frequent litigant, you shall be responsible for the estimated difference in costs, disbursements, and reasonable attorneys’ fees, from what such expenses would have been had Cloud TV, Inc. instead defended itself in Small Claims Court. The estimate difference shall be calculated by Cloud TV, Inc., and should you dispute the accuracy of the difference, you may retain the services of an independent accountant or other person, to be mutually agreed upon by all parties to the litigation, at your expense, to conduct a neutral calculation. If the estimated difference is $500 or more over the estimate of the independent person mutually agreed upon by all parties, Cloud TV, Inc., shall instead be entitled only to the amount of that estimate, and shall be liable to reimburse you for the cost of retaining the services of the independent estimator.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
24. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Cloud TV, Inc. shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
27. Termination & Cancellation
We may terminate your account or our provision of our Service to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Regardless of the cause of termination, we shall have no liability to refund you—refund policies shall be the sole domain of the app store from which you originally downloaded our App or Apps.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a merger or acquisition relating to Cloud TV, Inc., or the sale of the rights to the Cloud TV, Inc. Service and related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, as well as e-mail you a notice that there have been changes. You must agree to any amendments made by us to this Agreement as a condition of your continued use of our Site and Service, including our Apps. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal with details sufficient to identify you and terminate our Service by e-mailing us at email@example.com.
30. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Cloud.tv must be addressed to our agent for notice and sent via certified mail to: Radley Marx, 500 Stanyan Street, San Francisco, California, 94117, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified October 19, 2012