1. The term “Service” as used in this agreement means any hosted service, technology, or application that ClouFan makes available to you. By using the Service or visiting this website (referred to herein interchangeably as the “ClouFan Website”, or “Website”), and by accessing content available through the Website or Service (including, without limitation, all content available through a partner website via an Application Programming Interface (“API”)), you signify your assent to these Terms. You may not use the Service or Website if you do not accept these Terms. Any new features or tools that are added to the Service or Website shall also be subject to these Terms.
2. ClouFan Website
3. Website and Service Access
1. ClouFan hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) you use the Website only for personal, internal, noncommercial purposes (please contact [email protected]
regarding the terms of a commercial license); (ii) you refrain from copying or distributing any part of the Website in any medium without ClouFan’s prior written authorization; (iii) you refrain from modifying any part of the Website, other than as permitted according to the site’s general user interface and the Website’s purpose; and (iv) you otherwise comply with these Terms.
2. In order to access some features of the Website and/or the Service, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ClouFan immediately of any breach of security or unauthorized use of your account. (Please contact [email protected]
to report any problems.) Although ClouFan will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ClouFan or others due to such unauthorized use.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that accesses the Website, Service, or API in a manner that sends more request messages to the ClouFan servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ClouFan grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ClouFan reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion. You agree not to collect or harvest any personally identifiable information, including, without limitation, account names, from the Website, Service, or API, or to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submitted Media (as defined herein).
4. Intellectual Property Rights
1. The content on the ClouFan Website, except all User Submitted Media (as defined herein), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (together “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ClouFan, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
2. Content on the Website is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of the Content. ClouFan reserves all rights not expressly granted in and to the Website and the Content.
3. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.
4. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
5. You agree not to circumvent, disable or otherwise interfere with security related features of the ClouFan Website and/or Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ClouFan Website or the Content therein.
5. User Submitted Media
1. The ClouFan Website may now or in the future permit the submission of videos, photos and other forms of media, submitted by you and other users (“User Submitted Media”) and the hosting, sharing, importing, editing, remixing, and/or publishing of such User Submitted Media. You understand that whether or not such User Submitted Media is published, ClouFan DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.
2. You shall be solely responsible for your own User Submitted Media and the consequences of posting or publishing it. In connection with User Submitted Media, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents and permissions, patents, trademarks, trade secrets, copyrights or other proprietary rights to use and authorize ClouFan, and other users of the ClouFan Website to include and use your User Submitted Media in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submitted Media to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submitted Media in the manner contemplated by the Website and these Terms.
3. As between You and ClouFan, You retain all ownership rights in your User Submitted Media.
4. By submitting User Submitted Media to the ClouFan Website you hereby grant (or warrant that the owner of such rights has expressly granted) ClouFan, other users of the ClouFan Website, and others, a non-exclusive right to use, reproduce, publicly perform, distribute display, remix, excerpt, adapt, transcode, create derivative work from, and use in connection with advertising, promotional or commercial purposes your User Submitted Media pursuant to the terms and conditions of the Creative Commons “Attribution-ShareAlike 3.0” license located at http://creativecommons.org/licenses/by-sa/3.0/(the “Creative Commons BY-SA License”).
5. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ClouFan all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ClouFan or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
6. ClouFan does not endorse any User Submitted Media or any opinion, recommendation, or advice expressed therein, and ClouFan expressly disclaims any and all liability in connection with User Submitted Media. ClouFan reserves the right to remove Content and User Submitted Media without prior notice. ClouFan may also terminate a User’s access to the Website and/or Service if ClouFan concludes, in its sole discretion, that such User is a repeat infringer. A repeat infringer is a User who has been notified of intellectual property right infringing or otherwise improper activity more than twice and/or has had User Submitted Media removed from the Website more than twice. ClouFan also reserves the right to decide whether Content or User Submitted Media is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ClouFan may remove such User Submitted Media and/or terminate a User’s access for uploading such material in violation of the Terms at any time, without prior notice and at its sole discretion.
7. If you believe that your work has been copied and is accessible on the Website, and/or Service in a way that constitutes copyright infringement in the United States, you may notify us by providing the following in writing:
1. identification of the copyrighted work that you claim has been infringed;
2. identification of the material that is claimed to be infringing and information reasonably sufficient to permit ClouFan to locate the material;
3. your name, address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. The above writing must be electronically or physically signed by you as the owner of the content claimed to be infringed or the owner’s authorized agent. If ClouFan receives such a claim, it may remove or disable access to the allegedly infringing material, or terminate the applicable user’s account in accordance with these Terms. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is ClouFan’s Legal Department, phone number: +90 (544) 420-9200, address: Istanbul Technical University Arı Teknokent Arı 8 Kat:1 Sarıyer/Istanbul-Turkey, email: [email protected]
8. If you believe that a notice of infringement has been improperly submitted against you, you may submit a counter-notice, electronically or physically signed by you, and containing the following:
1. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. your name, address, and telephone number;
3. a statement, made under penalty of perjury, that you have a good faith belief that the removal of the material was a mistake or misidentified; and
4. a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) for the Southern District of New York, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the infringement notice or his/her authorized agent.
9. You understand that when using the Website, you may be exposed to User Submitted Media from a variety of sources, and that ClouFan is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Media. You further understand and acknowledge that you may be exposed to User Submitted Media that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ClouFan with respect thereto.
10. ClouFan permits you to link to materials on the Website for personal, non-commercial purposes. In addition, ClouFan provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website. In addition, ClouFan may provide, now or in the future, the ability to access its content or User Submitted Media in a programmatic manner using APIs and related services. Use of the Embeddable Player, API and/or related services is provided so long as any links back to the ClouFan website are not disabled. ClouFan reserves the right to discontinue any aspect of the ClouFan Website and/or Service, including streaming of content to the Embeddable Player and/or calls to the API or related services at any time, without notice.
10. Warranty Disclaimer
1. YOU AGREE THAT YOUR USE OF THE CLOUFAN WEBSITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLOUFAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. CLOUFAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION AND/OR ANY OTHER DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE. CLOUFAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLOUFAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
1. IN NO EVENT SHALL CLOUFAN, ITS OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CLOUFAN’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR ANY OTHER DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. YOU SPECIFICALLY ACKNOWLEDGE THAT CLOUFAN WILL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
1. You agree to defend, indemnify and hold harmless ClouFan, its subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to: (i) your use of and access to the Website and/or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submitted Media caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of this Agreement.
13. Ability to Accept Terms
1. You affirm that you are either more than 18 years of age, an emancipated minor, or that You possess legal parental or guardian consent, and that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the ClouFan Website and Service are not intended for children under the age of 13. If you are under 13 years of age, then please do not use the ClouFan Website or Service—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ClouFan without restriction.
2. ClouFan integrates with third-party services (e.g., Zoom, Webex, YouTube) to automate ingestion of media assets from