MASTER SUBSCRIPTION LICENSE AGREEMENT MOWBLY.COM
BY COMPLETING ONLINE REGISTRATION FOR THE MOWBLY.COM SERVICE HERE AFTER REFERRED TO AS 'SERVICE', PAYING ANY SUBSCRIPTION FEE, USING THE SERVICE, AND/OR INSTALLING ANY RELATED SOFTWARE, YOU IRREVOCABLY AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSCRIPTION LICENSE AGREEMENT, WHICH CONSTITUTES THE TERMS OF SERVICE (TERMS OF SERVICE) BETWEEN YOU AND CLOUDPACT SOFTWARE TECHNOLOGIES PVT. LTD. (HERE AFTER REFERRED TO AS 'CLOUDPACT'), A REGISTERED COMPANY UNDER THE COMPANIES ACT OF INDIA AND GOVERNS YOUR USE OF THE SERVICE, AS SUCH SERVICE MAY BE MODIFIED BY CLOUDPACT FROM TIME TO TIME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF SERVICE, DO NOT REGISTER FOR OR USE THE SERVICE. IN PROVIDING THE SERVICE, CLOUDPACT IS RELYING ON YOUR AGREEMENT TO THESE TERMS OF SERVICE.
CloudPact reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
You must be 18 years or older to use this Service.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You represent and warrant that any and all information you provide to CloudPact is accurate and complete in all respects.
You are responsible for maintaining the security of your account and password. CloudPact cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any applicable laws (including but not limited to copyright laws). You may not sublicense or otherwise transfer your Account or use of the Service. You are solely responsible for all use of the Service through your Account.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others, including without limitation those who have accounts under your account).
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only CloudPact's income taxes.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CloudPact is not and shall not be liable for any such loss.For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered as cancellation. You can cancel your account at any time through the company dashboard of your account.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. CloudPact is not and shall not be liable for the loss of any Content.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. There will be no proration of un-used subscription or refund of un-used fees.
CloudPact, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CloudPact service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. CloudPact reserves the right to refuse service to anyone for any reason at any time. CloudPact is not and shall not be liable for any related losses. Without limiting the foregoing, CloudPact may, at any time and for any reason or no reason, suspend, terminate, or delete any free Accounts (and all related Content) that are inactive for a period of two months or more.
Modifications to the Service and Prices
CloudPact reserves the right at any time and from time to time to modify, supplement, expand, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from CloudPact.
CloudPact shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright, Trademark, and Content Ownership
All content posted on the Service must comply with U.S. copyright law and India copyright law if you or your business is based out of India.
CloudPact claims no intellectual property rights over the material you provide to the Service. As between you and CloudPact, your profile and materials uploaded remain yours. However, by sharing your pages, you agree to allow others to view and share your Content. CloudPact is not responsible for the use of your Content by others.
CloudPact does not pre-screen Content and is not responsible for Content, whether provided by you or any other user of the Service. However, CloudPact and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright©2014 CloudPact. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CloudPact, which permission may be withheld, conditioned, or delayed in CloudPact's sole discretion.
As between you and CloudPact, CloudPact is the sole and exclusive owner of the MOWBLY.COM name and logo. Your use of the Service confers no ownership or other rights to the MOWBLY.COM name or logo, or any other name or logo used by CloudPact, or the goodwill associated therewith, all of which shall inure to the benefit of CloudPact. CloudPact makes no representation or warranty regarding non-infringement.
Your use of the Service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Without limiting the foregoing, CloudPact is not responsible for any losses or corruption of Content.
Technical support is only provided to paying account holders and is available via email.
You understand that CloudPact uses third party vendors and hosting partners to provide the necessary hardware, software networking, storage, and related technology required to run the Service.
You agree that you will not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CloudPact, or any other CloudPact service.
You agree not to reproduce, duplicate, copy, sell, reverse engineer, decompile, resell or exploit the name of the Service, any portion of the Service, use of the Service, or access to the Service without the express written permission by CloudPact, which permission may be withheld, conditioned, or delayed in CloudPact's sole discretion.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyís intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CloudPact customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
CloudPact has established relationships with certain third parties who provide services or products (such as web APIs and services, developer tools and operating systems) you may find useful in using the Service, and CloudPact may establish additional, similar relationships in the future. Such third party products and services may be made available through CloudPactís website, through links provided by CloudPact, or directly from the third party provider. In order to use such third party products or services or increase the functionality of the Service, you may be asked to provide certain personal information, including without limitation passwords, certificates, authorizations, and other information. You acknowledge and agree that any and all personal information provided to CloudPact may be:
(i) used by CloudPact in connection with the Service and such third party relationships;
(ii) shared with such third parties in connection with the Service and the products and services provided by such third parties;
(iii) transferred across national boundaries and stored and processed in any of the countries in which CloudPact maintains an office; and
(iv) supplemented by CloudPact with additional information you provide to CloudPact in connection with the Service. CloudPact shall not be responsible for any decreased functionality of the Service or products provided by CloudPact resulting from your failure to provide requested information, or from the inaccuracy or incompleteness of any such information. CloudPact shall not be responsible for any information provided directly by you to any third party, whether in connection with the Service or otherwise.
You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
You must not transmit any worms or viruses or any code of a destructive nature.
BY USING THE SERVICE, YOU VOLUNTARILY AND IRREVOCABLY ASSUME ALL RELATED RISKS. CLOUDPACT MAKES NO REPRESENTATION, WARRANTY, OR COVENANT REGARDING THE SERVICE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ALL SUCH REPRESENTATIONS, WARRANTIES, AND COVENANTS ARE HEREBY FULLY DISCLAIMED. Without limiting the foregoing, CloudPact does not warrant that
(i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
(v) any errors in the Service will be corrected;
(vi) Content will be free from defects;
(vii) Content will be free from claims as to infringement of third party rights;
(viii) Content will be secure or not subject to partial or total loss.
CLOUDPACT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUDPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) CONTENT ON THE SERVICE;
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(vi) OR ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL CLOUDPACTíS LIABIILTY TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ACTUAL DAMAGES EXCEED THE AGGREGATE AMOUNT OF SUBCRIPTION FEES PAID BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CLOUDPACT AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, AND CHARGES (INCLUDING WITHOUT LIMITATION ATTORNEYSí FEES AND COSTS) ARISING FROM YOUR REGISTRATION TO USE THE SERVICE, ACTUAL USE OF THE SERVICE, OR BREACH OF THESE TERMS OF SERVICE.
The failure of CloudPact to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and CloudPact and govern your use of the Service, superceding any prior agreements between you and CloudPact (including, but not limited to, any prior versions of the Terms of Service). No additional documents provided by you will alter these Terms of Service or otherwise be binding on CloudPact unless such alteration or binding effect is specifically acknowledged by CloudPact in writing.
These Terms of Service and your use of the Service shall be governed by and interpreted in accordance with the internal laws of India as if you were a resident of India and without application of any rules favoring the non-drafting party. Jurisdiction and venue for any and all actions arising from these Terms of Service or the Service itself shall be in the Hyderabad High Court of India. You hereby submit to the jurisdiction of the foregoing courts over your person and property, waive all objections to venue therein, and agree that service of process by mail will be effective when mailed to an address provided by you in your registration/subscription material.
CloudPact may assign or otherwise transfer without further liability these Terms of Service and/or the Service in whole or in part at any time without notice. You may not assign or otherwise transfer your Account or any rights related to the Service without CloudPactís prior written consent. You retain all liability hereunder regardless of any assignment or other transfer, and regardless of CloudPactís consent. A sale, merger, or other reorganization of you which results in any change of control shall constitute an assignment requiring CloudPactís consent hereunder.
In connection with the Service, CloudPact may offer certain plug-in software components created by CloudPact for use in connection with the Service, which may include, without limitation, the plug-ins as may be made available by CloudPact in connection with the Service from time-to-time (each a 'Plug-In' and together, the 'Plug-Ins')
PLUG-INS ARE PROVIDED 'AS-IS' WITH ANY AND ALL FAULTS AND CLOUDPACT MAKES NO REPRESENTATION, WARRANTY OR COVENANT WITH RESPECT TO THE PLUG-INS OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT OF APPLICABLE LAW CLOUDPACT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE PLUG-INS (AND ALL PARTS THEREOF), INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER CLOUDPACT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OR CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, CLOUDPACT MAKES NO REPRESENTATION OR WARRANTY THAT THE PLUG-INS OR THE OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, 'BUG FREE', OR FREE FROM CLAIMS OF INFRINGEMENT.
YOU ASSUME ALL RISKS ARISING FROM THE RECEIPT, COPYING, USE, MODIFICATION, OR DISSEMINATION OF THE PLUG-INS. UNDER NO CIRCUMSTANCES WILL CLOUDPACT BE LIABLE OR OBLIGATED TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE PLUG-INS, REGARDLESS OF THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CloudPact shall have no obligation to correct, update or modify any Plug-Ins (even if CloudPact is advised of bugs or errors).
You acknowledge that the Plug-Ins are being made available gratuitously in reliance on the foregoing disclaimer of warranties, assumption of risk, and limitation of liability, and that such disclaimers, assumption of risk, and limitation of liability are each a strict condition to CloudPactís willingness to provide the Plug-Ins. You hereby waive any and all claims against CloudPact with respect to the Plug-Ins, and you shall defend, indemnify, and hold CloudPact harmless, from and against any and all claims, damages, costs, and losses arising from the receipt or use of any Plug-Ins by you or any third party which you supply with any Plug-Ins.
Questions about the Terms of Service should be sent to support at email@example.com
© Copyright CloudPact Software Technologies Pvt. Ltd. 2014