CloudFella Mobile Application
Effective Date: July 20, 2014
This policy may change at any time and without notice, effective upon the posting of the revised Agreement.
Your continued use of the Application shall be considered your acceptance of the revised Agreement.
You must have the most current version of the Application to ensure that it is working properly.
It is your responsibility to periodically check the Apple App Store and/or our website at www.CloudFella.com, to determine if you have the most current version of the Application.
If you do not agree to this Agreement, please do not download the Application.
The Application is provided subject to all of the terms set forth in the Mobile Application Documentation.
The Author does not warrant that:
(i) its Application will be constantly available, or available at all;
(ii) that the information in this Application is complete, true, accurate, or
(iii) your opt-out choices will be successfully executed in all cases.
The Author does not warrant that the Application is free of defects or errors.
Limitations of Liability and Indemnification
THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL THE AUTHOR BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE AUTHOR HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
Ownership of Intellectual Property and Limited License
All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by The Author.
Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application.
All trademarks, service marks and trade names are owned, registered and/or licensed by The Author.
The Author grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Licensed Application to a mobile device via a web browser or Licensed Application stores like Apple App Store: use this Licensed Application as herein set forth; copy and store this Licensed Application and the material on this Licensed Application in your web browser cache memory; and print pages from this Licensed Application for your own personal and non-commercial use.
The Author does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by The Author.
Use and Prohibited Use Restrictions
You may use the Application only for your own use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish,republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without The Author’s prior written consent.
You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.
Enforcement of Copyright and Protection of Intellectual Property
If The Author discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, The Author may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of The Author’s copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by email to [email protected]
Governing Law and Dispute Resolution
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California, excluding its choice of law rules.
All disputes relating to this Agreement shall be settled in the courts located within the county of Alameda, in the state of California. The parties submit to personal jurisdiction within the State of California.
The Author may be contacted by e-mail [email protected]