Redcloud Systems LLC and its affiliates (“Redcloud Systems LLC” or “we”) provides its content on Redcloud Systems LLC.com (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on May 7, 2018. By accessing and using this Site, you agree to these Terms. For an explanation of Redcloud Systems LLC’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
1. Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Redcloud Systems LLC or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.
2. Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Redcloud Systems LLC and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to Redcloud Systems LLC or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Redcloud Systems LLC or its licensors.
3. Use of site content
Redcloud Systems LLC hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Redcloud Systems LLC’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Redcloud Systems LLC’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Redcloud Systems LLC intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
4. User postings
You acknowledge and agree that Redcloud Systems LLC shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Redcloud Systems LLC for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Redcloud Systems LLC’s use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
Redcloud Systems LLC does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, Redcloud Systems LLC does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Redcloud Systems LLC reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Notices of infringement and takedown by Redcloud Systems LLC
Redcloud Systems LLC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Redcloud Systems LLC at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Redcloud Systems LLC will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Redcloud Systems LLC’s contact for submission of notices under this Section 5 is: Legal Department, Redcloud Systems LLC, Inc., 711 Third Avenue, New York, New York 10017.
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Redcloud Systems LLC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Redcloud Systems LLC AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. Redcloud Systems LLC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER Redcloud Systems LLC NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Indemnification
You hereby indemnify, defend, and hold harmless Redcloud Systems LLC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Redcloud Systems LLC Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Redcloud Systems LLC and/or Redcloud Systems LLC Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Redcloud Systems LLC reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Third-party websites & Providers
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Redcloud Systems LLC has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
9. Privacy
Redcloud Systems LLC understands that your privacy is important to you and Redcloud Systems LLC is committed to respecting your privacy and to protecting your personally-identifiable information (which is also referred to in some contexts and under some applicable laws as your personal data). Redcloud Systems LLC’s Privacy Policy (available at https://www.Redcloud Systems LLC.com/privacy-policy.aspx) describes how Redcloud Systems LLC uses and protects your personally-identifiable information, as well as how and with whom Redcloud Systems LLC may share that information.
YOU ARE ENCOURAGED TO PRINT AND TO READ THE PRIVACY POLICY CAREFULLY AND TO CONTACT Redcloud Systems LLC IF YOU HAVE ANY QUESTIONS ABOUT Redcloud Systems LLC’S PRIVACY POLICY OR THESE TERMS.
10. Governing law; jurisdiction
These Terms are governed by the laws of the State of Colorado without reference to the principles of conflicts of laws thereof.
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