Xcerion AB - CLOUDME USER AGREEMENT
Version 1.02. Updated 2010-02-19
User Agreement for the CloudMe Service
This User Agreement is an agreement between you and Xcerion AB (Xcerion). This User Agreement covers your use of and access to the CloudMe Service powered by Xcerion's XML Internet Operating System/3 ("XIOS/3") and any of its applications developed by or for Xcerion (jointly the "CloudMe Service", former known as the "Xcerion Service"). This User Agreement does not alter in any way the terms or conditions of any other agreement you may have with Xcerion for products or services.
By registering and activating your account with the CloudMe Service and by using the CloudMe Service, you accept and agree to be bound by the terms and conditions of this User Agreement and any related policies or guidelines as amended by Xcerion from time to time.
If you do not agree to or cannot comply with this User Agreement, do not use the CloudMe Service.
The CloudMe Service and the information, content, software and services displayed on the CloudMe, Xcerion or XIOS/3 websites or transmitted through or used in connection with the CloudMe Service are owned by Xcerion and are protected by copyright, trademark and other intellectual property laws and international treaties.
License to use the CloudMe Service
During the term of this Agreement, Xcerion grants you a non-exclusive, revocable license to use the CloudMe Service, subject to the terms and conditions of this User Agreement.
Restrictions
Except as expressly permitted under this User Agreement, you agree not to:
- Modify, distribute or create derivative works based on the CloudMe Service.
- Run, rent, lease, lend or sell access to or otherwise make available to others the CloudMe Service.
- Decompile, deobfuscate, reverse engineer or copy the CloudMe Service.
- Use the CloudMe Service for hosting services.
- Use the CloudMe Service for; terrorism, religious fanaticism, racism, abuse, bullying or child pornography.
Trademarks
Xcerion's registred trademarks; CloudMe, Xcerion, XIOS/3, Every computer is my computer and other trademarks including, without limitation, logotypes, graphics and trade names displayed on the CloudMe, Xcerion or XIOS/3 websites may not be used without Xcerion's permission in writing.
Accounts, Passwords and Security
You must be a registered User to use the CloudMe Service. As a User, you are responsible for keeping your password secure. Usernames are non-transferable. You are responsible and liable for all activities that occur under your username. Sharing and giving access to copyrighted content may violate copyright laws and is not allowed under this agreement.
Cooperation with authorities
Xcerion reserves the right at any point to cooperate and disclose any information with any countries authorities in its own sole discretion for the purpose of fighting terrorism, religious fanatics, racism, abuse, bullying and child pornography. Xcerion also reserves the right, if the above occur, of immediate termination of account, groups, content and applications from involved users where any gathered financial means of said will become confiscated and the property of Xcerion.
Xcerion deactivating your Account
Xcerion has the right (at its sole discretion) to delete or deactivate your Xcerion Internet account, block your email or IP address, or otherwise terminate your access to or use the CloudMe Service without any notice and for any reason.
User Created Groups and Communities
Xcerion has the right (at its sole discretion) to hide, remove, move or rename any created group or community without any notice and for any reason. When creating a group a non-offensive name without trademark rights infringements should be used. As the creator of a group or community, you are responsible for its name, contents, shared storage and users.
Third party sites, services and browsing capabilities
The sites and services to which we link (including, but not limited to Pixlr, Zoho, Flickr, Widgetbox, Weather.com, Twitter, YouTube, Metacafe, Google, Bing and Grooveshark) are third party sites and are not within our control. Xcerion does not condone, encourage, or approve of any illicit activity in relation to any third party sites, third party services or otherwise. This includes all sites used with the help of CloudMe's web browsing capabilities like the Browser and iLauncher applications. Your use of these third party sites, services and browsing capabilities is your sole responsibility. Xcerion is not liable for any claims, suits, losses, damages or costs arising out of your use of such sites, services or browsing capabilities.
Limitation of Liability
YOUR USE OF THE CLOUDME SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE CLOUDME SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XCERION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR APPLICABLE BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT. XCERION IS NOT LIABLE FOR ANY CLAIMS, SUITS, LOSSES, DAMAGES OR COSTS ARISING OUT OF ANY ERRORS IN THE CLOUDME SERVICE OR OTHERWISE IN CONNECTION WITH THE USE OF THE CLOUDME SERVICE
Indemnification
You agree to indemnify, defend, and hold harmless Xcerion, its officers, directors, employees, agents, licensors and suppliers from and against all claims, suits, losses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this User Agreement or any activity related to your CloudMe Service account by you or any other person accessing CloudMe, Xcerion, XIOS/3 or affiliate websites using your account.
Amendments to User Agreement
This User Agreement may be amended by Xcerion at any time. Any amendment will come into effect at the time of Xcerion's posting of the amended User Agreement on this webpage or by asking for Activation of account again through EULA application.
Disputes and Governing Law
Any dispute, controversy or claim arising out of or in connection with this User Agreement, or the breach, termination or invalidity of any provisions of the User Agreement, shall, with the exclusion of the ordinary courts, be referred to and finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall consist of three arbitrators, all of whom shall be appointed by the Institute. The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.
This User Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of Sweden.
Effective Date
This User Agreement is effective as of 19th February, 2010.
This User Agreement is effective as of 18th February, 2008.
This User Agreement version 1.00 is effective as of 30th September, 2007.
Version 1.02. © Copyright 2007-2010 Xcerion AB. All rights reserved.