Introduction
AI Qloud (“AI Qloud” or “we”, “our”
or “us”) operates the AI Qloud services, which include our newsletters,
websites, the AI Qloud online marketplace, mobile apps, and related social
media pages (collectively, the “Services”).
These Terms and conditions form part
of the overall “Agreement” between you and us, which also includes:
1. our Privacy Policy,
which explains how we collect and use your information; and
2. our Shipping,
Refunds, and Returns Policy, which applies to orders you make at the AI Qloud
Online Marketplace.
By using the Services, you agree to
be bound by this Agreement.
We may modify this Agreement from
time to time and such modification will be effective upon posting on the Services.
You will be deemed to have agreed to any such modifications by your further use
of the Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are updated as
to any changes. If you disagree with the modifications, please discontinue the
use of the Services immediately.
2. CONTENT
Proprietary Rights
Except for content posted by users of
the Services (“User Content”), all materials contained on the Services,
including all content, and the sound, audio, software, graphics, text, and look
and feel of the Services, and all trademarks, copyrights, patents and other
intellectual property rights related thereto (“Proprietary Materials”), are
owned or controlled by AI Qloud, our subsidiaries or affiliated companies,
contributors, our third-party licensors, and/or our advertising partners. You
may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way exploit
any Proprietary Materials, or any other protectable aspects of the Services, in
whole or in part, unless specifically stated otherwise. Subject to your
compliance with this Agreement and any other relevant policies related to the
Services, we grant you a non-exclusive, non-transferable, revocable limited
license, subject to the limitations herein, to access and use the Services and
Proprietary Materials for your non-commercial entertainment purposes consistent
with the intended purpose of the Services. You agree not to use the Services
for any other purpose.
You may be able to post, upload, or
submit content to be made available through the Services (“Your Content”). As a
condition of your use of the Services, you grant us a nonexclusive, perpetual,
irrevocable, royalty-free, worldwide, transferable, sub licensable license to
access, use, host, cache, store, reproduce, transmit, display, publish,
distribute, modify and adapt and create derivative works (either alone or as
part of a collective work) from Your Content. You also agree that (a) the other
users of the Services shall have the right to comment on and/or tag Your
Content and/or to use, publish, display, modify, or include a copy of Your
Content as part of their own use of the Services, and (b) we have the right to
make any of Your Content available to third parties so that those third parties
can distribute, make derivative works of, comment on and/or analyse your
Content on other media and services (either alone or as part of collective
work). By posting or submitting Your Content through the Services, you
represent and warrant that you have, or have obtained, all rights, licenses,
consents, permissions, power, and/or authority necessary to grant the rights
granted herein for Your Content. You agree that Your Content will not contain
material subject to copyright or other proprietary rights unless you have the
necessary permission or are otherwise legally entitled to post the material and
to grant us the license described above.
Third-Party Content & User
Content
You acknowledge that the Services may
include content provided by users. Any opinions, advice, statements, judgments,
services, offers, or other information that constitutes part of the content
expressed or made available by third parties, including content posted by our
contributors or User Content, are those of the respective authors and not of AI
Qloud or its affiliates or any of their officers, directors, employees, or
agents. While we retain the right to filter or reject User Content and other
content posted by third parties, we review User Content and other third-party
content in a limited gate-keeper fashion and have no obligation to investigate
whether any content or other User Content violates any term of this Agreement and
will not do so in most cases. We neither endorse nor are responsible for the
User Content or any other content posted to the Services by anyone other than AI
Qloud.
Just as you retain complete ownership
of Your Content (subject to the license to us granted above), all other users
of the Services retain ownership of their User Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any User
Content in whole or in part.
3. CONDUCT
You, as a user, agree to use the
Services only for lawful purposes. Without limiting anything else above,
specific prohibited activities include, but are not limited to:
·
depicting, encouraging, or partaking in the criminal or tortious
activity, including fraud, trafficking in obscene or illegal material, drug
dealing or using, underage drinking, gambling, violence, harassment, stalking,
spamming, spamming, sending of viruses or other harmful files, depicting,
encouraging, or partaking in dangerous activities or conduct that is abusive,
threatening, obscene, defamatory, or libellous;
·
posting, uploading, or sharing content that violates any of the
prohibitions herein or that constitutes copyright infringement, patent
infringement, or theft of trade secrets;
·
attempting to circumvent, disable or otherwise interfere with
security-related features of the Services or features that prevent or restrict
the use or copying of any content or enforce limitations on the use of the
Services or the content therein;
·
using any software that intercepts, mines, or otherwise collects
information about other users or copies and stores any Proprietary Materials
(as defined below);
·
interfering with, disrupting, or creating an undue burden on the
Services or the networks or services connected to the Services;
·
attempting to impersonate another user or person;
·
soliciting personal information from anyone under 18;
·
collecting, harvesting, soliciting, or posting personally identifiable
information about anyone other than yourself;
·
using information obtained from the Services to harass, abuse, or harm
another person, whether a user or a contributor;
·
commercially using the Services.
You represent and warrant that
neither your actions on the Services nor Your Content will violate any of the
prohibited conduct described above.
4. LINKS
The Services may contain links or
otherwise direct you to websites operated by third parties. We do not monitor
or control the linked sites and make no representations regarding and are not
liable or responsible for the accuracy, completeness, timeliness, reliability,
or availability of, any of the content uploaded, displayed, or distributed, or
products, or services available at these sites. If you choose to access any
third-party site, you do so at your own risk. The presence of a link to a
third-party site does not constitute or imply our endorsement, sponsorship, or
recommendation of the third party or the content, products, or services
contained on, or available through, the third-party site.
We reserve the right to disable links to third-party sites.
5. CERTAIN
SERVICES
AI Qloud Online Marketplace
If you order physical or digital
products or services through the Services (“Offerings”) from the AI Qloud
Online Marketplace, the following terms apply:
Products. We have made
every effort to display as accurately as possible the colours and images of
Offerings that appear at the Online Marketplace. We cannot guarantee that your
computer monitor’s display of any colour will be accurate. We reserve the right
to limit the quantities of any Offerings. All descriptions of Offerings are
subject to change at any time without notice, at the sole discretion of us. We
reserve the right to discontinue any Offering at any time. Any offer for any
Offering made on this site is void where prohibited.
Orders. We use
third-party partners to facilitate the AI Qloud Online Marketplace,
particularly concerning inventory, order, and payment management.
Acceptance. Once we
receive your order for an Offering, we will provide you with an order
confirmation via email. Clicking the “View Order Status” button in that email
will take you to your order status page, where you can view your order status
and tracking information. However, neither our receipt of an order for an
Offering nor an order confirmation indicates our acceptance of your order; we
reserve the right at any time after receiving your order to accept or decline
your order for any reason and at our sole discretion. If we cancel an order
after you have already been billed, then we will refund the billed amount.
Order Processing. The warehouse
processing times are different for each item in your order.
Order Changes. We process orders
very quickly to ensure the fastest delivery possible. If your order has not
started processing, we will do our best to accommodate all update requests that
include address changes or order cancellations. Once your order has gone into a
processing queue with our distribution centre, we cannot make any changes
outside of an address update or cancellation. Please check all information very
carefully before placing your order. If you discover a mistake with your
address, please contact us ASAP with the correct address.
Payment. You
acknowledge and agree that all information you provide concerning the purchase
of Offerings, including, without limitation, credit card, PayPal, or other
payment information, is accurate, current, and complete. You represent and
warrant that you have the legal right to use the payment method you provide to
us or our payment processor, including, without limitation, any credit card you
provide when completing a transaction. To the extent that we are required by
law to charge and collect taxes on Offerings, such taxes are charged based on
the tax laws applicable to the location where the order is being shipped or
delivered. At checkout, all appropriate taxes will be added to the order total.
The tax amount displayed during checkout is an estimate. This amount may vary
slightly from the actual amount of tax payable in connection with your order
due to different tax rates which apply as a result of the origin and
destination of the item(s) being purchased, as well as other factors. When you
purchase Offerings, you (a) agree to pay the price for such Offerings as
outlined in the applicable Service, and all shipping and handling charges and
all applicable taxes in connection with your purchase (the “Full Purchase
Amount”), and (b) authorize us to charge your credit card or other payment
method for the Full Purchase Amount. Unless otherwise noted, all currency
references are in U.S. Dollars. All fees are payable per payment terms in
effect at the time the fee or the charge becomes payable. Payment can be made
by credit card, debit card, or through PayPal, or other means that we may make
available. Orders will not be processed until payment has been received in
full, and any holds on your account by any payment processor are solely your
responsibility.
Promotional Codes. We may offer
certain promotional codes, referral codes, discount codes, coupon codes, or
similar offers (“Promotional Codes”) that may be redeemed for discounts on
future Offerings, or other features or benefits related to the Services,
subject to any additional terms that we establish. You agree that Promotional
Codes: (a) must be used lawfully; (b) must be used for the intended audience
and purpose; (c) may not be duplicated, sold, or transferred in any manner, or
made available by you to the general public (whether posted to a public forum,
coupon collecting service, or otherwise), unless expressly permitted by us; (d)
may be disabled or have additional conditions applied to them by us at any time
for any reason without liability to us; (e) may only be used under the specific
terms that we establish for such Promotional Code; (f) are not valid for cash
or other credits or points; and (g) may expire before your use.
Shipping, Returns, and Refunds. Please review our
Shipping, Returns, and Refunds Policy for terms applicable to those aspects of
orders for Offerings. We reserve the right to ship partial orders (at no
additional cost to you), the portion of any order that is partially shipped may
be charged at the time of shipment. All orders are shipped using one of our
third-party couriers. Title and risk of loss for any purchases of physical
products pass to you upon our delivery to our carrier. Online tracking may be
available at our courier’s website (for example, FedEx), though we make no
warranties regarding its availability because it is not under our control.
While deliveries may be scheduled for a specified arrival, we cannot guarantee
delivery by any specific date or time.
Special Promotions. We may offer you
the chance to participate in drawings, contests, giveaways, and promotions
(“Special Promotions”) through the Services. By registering for a Special
Promotion, you agree to the official rules that govern that Special Promotion,
which may contain specific requirements of you, including, except where
prohibited by law, allowing the sponsor(s) of the Special Promotion to use your
name, voice and/or likeness in advertising or marketing associated with the
Special Promotion. If you choose to enter a drawing, contest, or other
promotion, personally identifiable information may be disclosed to third
parties or the public in connection with the administration of such Special
Promotion, including, without limitation, in connection with winner selection,
prize fulfilment, and as required by law or permitted by the Special
Promotion’s official rules, such as on a winners list.
6. THIRD-PARTY
COMPANIES AND PROVIDERS
The Services may enable you to
request and receive products, information, and services from businesses that
are not owned or operated by us. The purchase, payment, warranty, guarantee,
delivery, maintenance, and all other matters concerning the merchandise,
services or information, opinion, or advice ordered or received from such
businesses are solely between you and such businesses. We do not endorse,
warrant, or guarantee such products, information, or services, and are not
liable for the accuracy, completeness, or usefulness of such information or the
quality of availability of such products or services. We will not be a party to
or in any way be responsible for monitoring any transaction between you and
third-party providers of such products, services, or information, or for
ensuring the confidentiality of your credit card information. Any separate
charges or obligations you incur in your dealings with these third parties are
your responsibility and are not part of the fee, if any, charged for the
Services.
In addition, the Services may prompt
you to establish an account with a third-party service provider not owned or
operated by us. Your agreement and understanding with any such third-party
service provider is solely between you and such service provider. Any disputes
you may encounter with such a third-party service provider must be settled
solely between you and the service provider.
7. DISCLAIMERS
AND LIMITATION OF LIABILITY
The services are provided by us on an
“as is” and “as available” basis. To the fullest extent permissible by
applicable law, we disclaim all implied warranties, including but not limited
to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither
we nor any third-party provider makes any representation or warranty of any
kind, express or implied:
·
As to the operation of the services, or the
information, content, materials, or products included thereon;
·
That use of the services will be 100% secure,
uninterrupted or error-free;
·
As to the accuracy, reliability, or currency of any
information, content, or service, provided through the services; or
·
That the servers, or emails sent from or on behalf
of us, are free of viruses or other harmful components.
AI Qloud expressly disclaims any and
all liability for the actions of its users or the contents of any user content.
We will not be liable for any indirect,
incidental, special, or consequential damages arising from the use of the
services or the purchase of any product therefrom, even if we or such provider
has been advised of the possibility of such damages. Under no circumstances
will we be liable to you for more than the amount you have paid us in the one
hundred and eighty (180) days immediately preceding the date on which you first
assert any such claim, and if you have not paid any amounts during that time,
you acknowledge that your sole remedy is to cease using the services and
terminate your account.
Certain state laws do not allow
limitations on implied warranties or the exclusion or limitation of certain
damages. If these laws apply to a user, some or all of the above disclaimers,
exclusions, or limitations may not apply to such user, and such user may have
additional rights.
8. LEGALITY
You are subject to all laws of the
state(s) and countries in which you reside and from which you access the
Services and are solely responsible for obeying those laws. You agree that we
cannot be held liable if laws applicable to you restrict or prohibit your
participation. We make no representations or warranties, implicit or explicit,
as to your legal right to participate in any Services, contests, sweepstakes,
or tournaments offered through the Services nor will any person affiliated, or
claiming affiliation with the Services have the authority to make any such
representations or warranties.
9. INDEMNITY
You agree to indemnify and hold AI
Qloud, our subsidiaries and affiliates, and our respective officers, agents,
partners, and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys’ fees, made by any third party due to or arising
out of your breach of this Agreement and/or any of your representations and
warranties set forth herein.
10. SEVERABILITY
The provisions of this Agreement are
intended to be severable. If for any reason any provision of this Agreement
will be held invalid or unenforceable in whole or in part in any jurisdiction,
such provision will, as to such jurisdiction, be ineffective to the extent of
such invalidity or unenforceability without in any manner affecting the
validity or enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction.
11. ELECTRONIC
COMMUNICATIONS
When you use the Services or send
emails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
email or by posting notices through the Services. You agree that all
agreements, notices, disclosures, and other communications that we provide you
electronically satisfy any legal requirement that such communications be in
writing.
12. OTHER
This Agreement is deemed accepted
upon any use of any of the Services. Our failure to exercise or enforce any
right or provision of this Agreement will not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect.
13. SUPPORT
Subject to the other provisions of
this Agreement, we will attempt to help you with any queries or problems that
you may have with the Services or any of your purchases through the Services.
To reach our customer support team, please e-mail us at team@aiqloud.com. It
will expedite your request for assistance by providing our representatives with
all the information they need to solve your problem as quickly as possible.
14. MODIFICATION
We reserve the right to make changes
to the Services, posted policies, and this Agreement at any time without notice
other than the reposting of the modified Agreement. We will attempt to notify
you of material changes by communicating them to you directly (if we have
contact information for you), adding temporary banners to the Services, or
otherwise highlighting such changes.
Please contact us at team@aiqloud.com
with any questions regarding this Agreement.