MY CLOUD MARKETING
TERMS AND CONDITIONS AGREEMENT
Last updated Jan 29th, 2017
This Terms and Conditions Agreement (‘’Agreement”) is the contract that constitutes your use of the MyCloudMarketing LLC and the services it provides to you. The company (“we” or “us” or “our”), provides its services through www.mycloudmarketing.com and the risk involved with your use of the website, its software, updates, and the MyCloudMarketing Services are described herein in this Agreement (Collectively, the “Services”).
You should read the terms of this Agreement thoroughly before accepting to use the Company Services. By using the Company Services and the MyCloudMarketing website, you agree to go by the Terms stated in this Agreement.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU ARE NOT PERMITTED TO USE THE MYCLOUDMARKETING SERVICES
- WHEN TO USE BEACON AND THE SERVICES
The MyCloudMarketing Services is open for use as soon as the Beacon Platform Software is completed and your mobile devices that have their unique APIs published into your Google widgets have their Bluetooth active.
You agree that no withdrawal right or other “Cooling off” period is applicable to the Services and you agree to waive any such “Cooling off” periods that may apply unless there is a requirement by the law even after you might have waived it or when the Service already starts.
- YOUR USE OF THE SERVICES
- To obey all the rules stated in this Agreement and other codes of conduct or notices the Company may add or provide to this Agreement at a later date;
- Not to go against the MyCloudMarketing Anti-Spam policy at https://mycloudmarketing.com
- To provide the correct and accurate information upon registration;
- That you alone have access to your account and if you learn of a possible breach of your account password, you will contact us immediately;
- PROHIBITED ACTIVITIES
You agree not:
- To use the MyCloudMarketing Services in such a way that will bring harm or endanger us, our affiliates, vendors, distributors, resellers (“us” and “third parties”), or other customers of the Company Services;
- To use the MyCloudMarketing Service or any of its portion thereof as a means to receive unsolicited bulk SMS or commercial SMS (“spam”) from a link.
- To access the MyCloudMarketing Services with any unauthorized software from any third party;
- To attempt or access the Services through any automated means such as using any data mining, robots (“Bot”), or other related data gathering or extraction tool;
- To use unapproved measures to bypass or manipulate the MyCloudMarketing Services measures that are designed to prevent unauthorized access to the Services;
- Interfere, disrupt, or create an undue burden on the Service or any network or services that may be connected to it;
- Annoy, harass, intimidate or threaten any MyCloudMarketing employee, agents, distributors, and customers;
- To try and resell any or redistribute the Services or any portion of it thereof.
- YOUR SERVICE ACCOUNT POLICY
No one else is authorized to use your account. For some portion of the Service, we may send you notice to set up extra member accounts (an”associated account”) which will be dependent on your original account. You hereby take responsibility for the running of your account and other associated account, and you agree not to grant third party access to your account to operate on your behalf.
- POLICY ON ASSOCIATED ACCOUNT USER
The owner of a service account has the full right and control over you as the user of an associated account, including but not limited to termination of the service account, closure of your associated account at any time, and in some cases, request information about your use of the associated account.
- POLICY REGARDING PAYMENTS
- CHARGES: This section is applicable to all situations where you pay MyCloudMarketing directly. When you pay another company for the Services instead of us, they will have to state the charges and terms of billing. There may also be incidental charges incurred even if you do not pay for the Services you used. Such Services may include internet access charges, text messaging service charges, and other data transmission services.
- PAYMENTS: You will be required to choose a method of payment when you create a billing account, and there must be confirmation to use the account. You must also give us the authority to charge your account for any feature of the Services you may use or sign-up for while you still have a contract with us. Charges for any Service are deducted in advance, and we may charge more or less than what you approve. However, there will be a notice sent to you at least 10 (ten) days before we deduct what we charge you if the amount is greater than what you approve. We may also bill your previous bills along with the current one. If we notify you that the Service rendered will be an indefinite one or we will charge you auto-renew it, we have the right to charge you for any renewal term after auto-renewing your Service.
- BILLING ACCOUNT UPDATES: All information relating to your billing account must be accurate and up-to-date including but not limited to your billing address and your credit/debit card expiring date. To update your billing account at any time, go to firstname.lastname@example.org. If you request to terminate your payment method, we may stop your Service, but we may continue to send the charges we send to your billing account until we take action on your request.
- TRIAL PERIOD OFFERS: We may send you promotion on free offers where you are allowed to use the Service free for a reasonable period. To avoid incurring charges after the offer ends, you must cancel the Service unless we notify you otherwise. Failure to cancel the Service before the trial periods expires automatically means you approve us to charge your account after the trial period and turn the Service into a paid subscription.
- PRICES AND PRICE INCREASE: Unless we state otherwise, all prices for the Services does not include charges such as taxes, internet, SMS, and phone charges. You hereby take responsibility for all obligatory charges and the charges you are to pay, and other charges such as phone charges. Your currency exchange settlement will be determined by the type of agreement you have with your payment provider. Note that the prices of our Services may change often, but these changes will be communicated to your before effect. If the price for a Service is set for a specific period, the price will remain for that period without changes. Once the Service period expires, the new price changes will take effect. If for example, the Service period basis of an offer is one month, with no specified time length, we will inform you of the date the price changes usually not less than 30 (thirty) days after the change in price is communicated.
If you do not agree to the changes that may be made to the price of any Service, you should cancel such Service before the changes take effect. Cancelling your Service means that your subscription expires at the end of the period set for the offer. If you are on a basic period Service, your Service ends at the end of the period in which you canceled.
- REFUND POLICY: Unless the law states otherwise, charges for all Services are non-refundable and if otherwise, you take responsibility for the expenses or cost of any such returns.
- ONLINE STATEMENT; ERRORS: we will make provision for an online billing statement which can only be gotten at info@MyCloudMarketing.com. We may charge you a fee for retrieval if you request for a paper copy of your statement and only copies of the past 120 days will be made available. If there is a mistake or error on the paper statement we provide, we will make corrections to it immediately and investigate what we charged. All errors must be communicated to us within 120 days of the date you got your statement. We will not be liable for any or such claim of loss for any error you do not communicate to MyCloudMarketing within 120 days you got your statement.
- CANCELING THE SERVICE: If you wish to cancel the Service, you may do so at any time if the need arises. Information on the cancelation of Service can be seen at info@MyCloudMarketing.com. However, some offer cancelation may require extra charges and these charges will be paid as is described in the material that gives the description of the offer. Cancelling the Service offer does not mean that you waive your obligation to pay for all the charges made to your billing account.
- ACCESS TO INTERNET SERVICE: For such Service which does not include access to the internet, you will take responsibility for fees charged by your internet service provider. The fees will be included in the fees paid to us for Service we render to you. The remaining part of this section is applicable if your Service includes internet access. If you make use of a dial-up modem, you take responsibility for the deciding if your selected numbers will incur toll fees. To find out, you must inquire from your beforehand and inform them of the number you wish to use. Then they can find out if the number will incur toll charges or not. You are expected to contact your telephone company even if My Cloud Marketing recommends a phone number for you as we may rely solely on others to give us that information. It’s sometimes wrong. You will pay any extra charges you incur, and My Cloud Marketing is not obligated to reimburse you. Also, if you are in a country or location where the phone service is not connected to the Service (“roaming charges”), you will be responsible for the extra charges incurred. Roaming charges are those charges you may incur for using the Service in countries or location which is not associated with your phone number. You are to inquire about the rates charged by using the “service information area” when you are roaming. Also, note that extra charges may be incurred if your Service plan usage is more than the period of your Service plan.
- PAYMENTS TO YOU: All payments that must be paid to you under any Service plan depend solely on the accuracy of the information you provide us with regarding your payment. We will make efforts to communicate what information we require for you to receive your payment. Even if we do not tell you this information, you should provide this information before you can have access to all your accrued earnings. You hereby take responsibility for any information you provide us regarding your payment information and the extra charges you incur. You also agree to abide by other Terms and Conditions regarding payment to you and also agree to cooperate with us if a payment that is not due to you is reversed.
- GUIDELINES FOR SUBMISSIONS
We may allow you to submit materials which are connected to the Service. Unless the material you posted were licensed or recommended by us, we will not claim ownership of such material you post on the platform in connection to the Service (“submission”). By submitting your materials on the platform, you hereby approve that the content can be copied, modified, redistributed, or published in connection with the Service. You also approve that your name will be published with the submission and authorize other persons to make use of your submissions and its name. The submission you make must not in any way breach any law. We have the right to review any submission you make, and after reviewing, we may post it on the platform or remove it if we find it in breach of any law or term. You hereby confirm to us that any submission you make, you have the copyright to do so. We will not be responsible for any copied submission you post on the platform.
- SHIPPING POLICY, COSTS, AND METHODS
The shipping methods of the Service or products will be determined by the items you purchase or the location to which they will be delivered to. The different shipping method has its charges and restrictions that will be applicable to the type of order you placed.
The total charges made to your shipping will be computed automatically during checkout before your order is completed.
The cost of shipping for orders placed through the website is determined by the total order weight. Provisions will be made for the total shipping cost of your order when you are checking out.
In general, you may be able to change or upgrade the delivery of your shipping to a faster one (i.e., overnight). Changing or upgrading your shipping delivery simply means your order must be received and confirmed by 10:00 a.m. CST or 11:00 p.m. EST. Failing to meet the time may see your order processed the following business day. The normal business days in the United States are from Mondays to Fridays excluding federal holidays.
Shipping additional charges
Some items are due for additional charges due to:
- Weight or size
- Shipping destination
The total cost of shipping the items will be provided to you during checkout.
SHIPPING ADDRESS: 48 contiguous United States:
Standard ground or USPS: usually 3-7 business days.
We may ship most items to 48 contiguous United States through Standard Ground or through the USPS. The items should arrive within 3-7 business days after shipping from the warehouse. Business days are from Mondays to Fridays excluding federal holidays. The total shipping cost will be provided to you during checking out.
Overnight: usually 1 business day
We may ship most items under this method to 48 contiguous United States through the overnight service. Before your items can be processed overnight, your order placement must be made by 10:00 a.m. CST or 11:00 a.m. EST. Your items should arrive within 1 full business day after shipping from the warehouse. Business days are from Mondays to Fridays excluding federal holidays. The total shipping cost will be provided to you during checking out.
We may add software to you as part of the Service. How you use the Software will be subject to the Terms laid down in the license presented to you with the Software. If no license is presented along the Software, you have the right to use the Software only for the number of computers that is stated in your Service plan. We reserve the right to other parts of the Software, and we may automatically check for the Software version, updates to the Software, and make improvements which we think are necessary to the Software. Unless we state otherwise, your license to use the Software will automatically end at the end of your Service plan, and you must uninstall the Software after your license expires. You hereby agree not to alter, disassemble, decompile, or make any amendment to the Software except to the extent permissible by law. The Software usage shall be subject to the laws of the United States export laws. You hereby agree to be in compliance with all domestic and international law and regulations on export associated with the Software. These laws and regulations include but without limitation, destination restrictions, end use and end users.
- MY CLOUD MARKETING AUTHENTICATION NETWORK
Provision may be made by MyCloudMarketing regarding our authentication network which you will use with the Service. You will take responsibility for any dealings you have with any third party that use MyCloudMarketing authentication network including but not limited to the delivery and payment of goods. If you use our authenticator network to access any website, the terms of that website apply even if they have different terms with us. You should endeavor to review the terms and conditions of other third party websites you access. If you do not sign in to our authentication network for a long time, we reserve the right to suspend or cancel your authenticator network for inactivity. Likewise, we have the right to immediately cease your authentication network if we cancel your credentials.
- REQUIREMENTS FOR ADVERTISING
We may allow you to place advertisements regarding the Service, but MyCloudMarketing is not obligated to display any content or part of the advertisement you make thereof. You hereby agree that any advertisement you make; (i) is with an accurate, complete, and the current content; (ii) you have the right to publish the advertised content; (iii) will be subject to the laws and regulations that apply; (iv) will not infringe, violate, or misappropriate any copyright, trademark, patent, logo, or other relevant intellectual property rights of any third party association; (v) will not breach any rights regarding persons or entities, including but not limited to the rights of privacy and publicity, and does not involve any fraudulent practices. You hereby take liability for the advertisements you post on the platform. MyCloudMaketing will not be liable for any claim or loss resulting from the advertisements you make on the platform.
- CHANGES TO CONTRACT
MyCloudMarketing may make changes to the Contract, but such change will be communicated to you 30 (thirty days) before it occurs. If you do not agree to such change, you should cancel the Service before the change takes effect. If you fail to cancel the Service before the change occurs, the update to the change will take effect.
- WE MAKE NO WARRANTY
The service provided to you by MyCloudMarketing is “As is” basis. We do not fully guarantee you that all the information we provide on the Service is accurate and timely. We do not expressly give warranties or conditions. There may be other local laws that confirm the changeability of this contract. We exclude all implied warranties including but not limited to fitness for purpose, merchantability, and non-infringement.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL MYCLOUDMARKETING OR ITS AGENTS, DISTRIBUTORS, RESELLERS, CUSTOMERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGE, INCLUDING PROFIT LOST, REVENUE LOST, DATA LOSS OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE MYCLOUDMARKETING PLATFORM EVEN IF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION, OUR LIABILITY TO YOU FOR ANY COURSE WHATSOEVER AND REGARDLESS OF THE TYPE OF ACTION, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYCLOUDMARKETING FOR ITS SERVICES DURING 3 (THREE) MONTHS BEFORE ANY COURSE OF ACTION ARISING.
SOME STATE LAWS DO NOT PERMIT LIMITATIONS TO IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF SOME DAMAGES. IF THESE LAWS IS APPLICABLE TO YOU, THE ABOVE DISCLAIMER OR LIMITATION WILL NOT APPLY TO YOU, AND YOU MAY HAVE ADDED RIGHTS.
- CHANGES TO THE SERVICE
We may cancel the Service at any time or delete a portion of it for a particular reason. We may also at a time cancel/terminate or suspend the Service, and this may come without notice or cause. While the Service is canceled, you will lose the right to use the Service. Once we cancel or suspend your Service, it may be difficult or not possible to retrieve your data. This cancelation may not stop your right to pay for the charges billed to your account. However, if your Service is canceled without reasons, the amount you have made will be paid to you on a pro-rata basis in correspondence to the Service portion remaining before the cancelation.
- INTERPRETING THE CONTRACT
All sections of this Agreement is applicable to the extent it’s permissible by law. A court may rule out a portion of this Agreement as invalid. In the event that it happens, MyCloudMarketing and you will come together and make an Agreement that is similar to the one ruled out by the court. The remaining part of the Agreement will change. This Agreement represents the real contract you have with us concerning your use of the Service. All the confidentiality obligations you have prior to this Agreement remains in motion such as if you have been a beta tester. This part of the Agreement does not limit the other part of the Agreement.
MyCloudMarkwting may assign this contract to you at any time be it in whole or in part, with or without prior notice. You do not have the authority to transfer any assignment or a part of it to another person. You are prohibited from transferring any portion of the Service either permanently or temporarily. Such attempt is termed as void.
- REGARDING THE THIRD PARTY
The Agreement between MyCloudMarketing and you is strictly for you and us. It is not intended for the benefit of any third party service provider except for those permitted under the contract.
All claims regarding this contract or the Service, if any, must be filed within one year. Such one year must be filed on the first day it could be filed. This is applicable to your successors and you.
It is also applicable to our successors and us.
- GOVERNING LAW
This Agreement and the other part of the MyCloudMarketing platform and Services shall be subject and construed under the laws of the United States without regards to conflict of law provisions.
Except we state otherwise, your notices to us will be communicated through the “support” or “help” area. We do not support email notices.
We may send you additional information that relates to the Service we provide you. Our notices to you will be in electronic form. You may opt-out of these emails but doing so will automatically sign you out of certain features provided by the Service. We will send any notice to you through the email address you provide during registration for the Service. Notices shall be given to you twenty-four (24) hours after we send the email unless we discover that the email address you have provided is invalid.
Potentially Unwanted Software If you remove or disable “spyware,” “adware” and other potentially unwanted software (“potentially unwanted software”), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable the potentially unwanted software, it is possible that you will also remove or disable software that is not the potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.
- COPYRIGHT RESPECT
You shall respect the rights of artists and creators. Photos, videos, music, and other Content may be copyright protected. People that appear in content may have a right to control the use of their image. You may not have authority to share other people’s content unless you have the rights or have the permission to do from the owner.
- INTELLECTUAL PROPERTY RIGHTS
The Service rendered by MyCloudMarketing and all its content (“content”) including trademarks, logos, service marks that are contained herein (“marks”) are owned and licensed solely by MyCloudMarketing and are subject to copyright and other intellectual property rights under the United States laws and other trade conventions. Our content includes, without limitation, databases, software, source codes, website designs, audio, text, videos, graphics, and photographs. All MyCloudMarketing logos, name, brand, button icons, trade headers, service name and scripts are registered trademarks, local law trademarks of MyCloudMarketing in the United States and other locations. All our trademarks may not be used, including as part of trademark or domain names, in relation to any product or services in any way that is likely to cause confusion and shall not be imitated, copied, used (whole or part), without the consent of MyCloudMarketing.
- CONTACT US
To tender your complaint about the Service or any portion of the MyCloudMarketing platform, you can contact support through the website.
All contents of the service are Copyright © 2018 MyCloudMarketing