MixtureCloud’s terms of use
Last modification : march, 28 2012J. Limitation of Responsibility
K. Miscellaneous Legal Terms
L. Modifications
Thanks for choosing MixtureCloud for hosting your files!
The access to our platform, as well as to the Services of MixtureCloud (our “Services”) are governed by the terms of use (the “terms”) as following.
Please read them carefully before any use of our Services.
By using MixtureCloud’s services, you accept these conditions. If you are using our Services on behalf of a company, you accept the following conditions, on behalf of that company, and you guarantee that you can relate this company to the hereby conditions.
In that case, the term “you” and “your” will refer directly to that company.
You can only use our Services in accordance to our terms.
You can only use our Services if you are enable to contract with MixtureCloud, and if no law in force forbid you to do so.
MixtureCloud’s services can evolve throughout the time. We are working day after day in order to improve and refine our Services.
We can interrupt, suspend or change our Services at any time, without any notice.
We also can delete any kind of content from our Services, at our discretion.
A. Your files and your private life
Your information, files and folders (as a whole designed under the word “your files”) sent on our platform are provided to us when you use our Services.
You keep complete ownership of your files, and MixtureCloud doesn’t ask for any ownership regarding them.
The hereby conditions don’t give us any right on your files or on your copyright, except for the limited rights explained bellow.
We don’t share your content with anybody, not even legal authority and that’s the case for any reason, unless you ask us to do so, and except for the conditions stated in our privacy terms.
Our Privacy terms also detail the manner that we collect and use your information, in a general manner.
While your use our Services, you are the only one responsible of your acts, your content and your communication with others. You need to ensure that you have the permissions needed in order to comply with the hereby terms of use.
It may happen that we choose to check if the public content is well complying with our guidelines. However, you admit that MixtureCloud don’t have to control the content hosted on our Services.
The accuracy, the sufficiency or the lawfulness of the files to which you can access from our Services is not from MixtureCloud’s responsibility.
B. Sharing your files
By using our Services, you can share your files or post them.
Once public, other users can do many things with your files : copy, change, or share it again. Consequently, be very careful when you decide to share your files. MixtureCloud disengage of any responsibility regarding that. If we consider it necessary, we keep the right to change the status of your files (private/public) any time.
C. Your duties
Some files and other content available on our Services might be protected by copyright. You can’t copy, load, download or share files unless you are authorized to do so.
If you don’t comply with that duty, you and not MixtureCloud will be responsible for it.
You can’t use spy softwares or any other kind of other softwares malicious on our Service.
The management and the protection of your all your files is your responsibility and not the one of MixtureCloud.
MixtureCloud is not responsible in case of loss or corruption of your files or of the possible costs related to the back up or of the restoration of all or part of your files.
You must keep your information updated.
You have to inform us quickly in case of modification of your datas on your account.
Our services are not allowed to people under 13. By accepting the hereby conditions, you declare being more than 13 years old.
D. Reasonable Use
MixtureCloud has millions of users, and we are proud of their trust. We are expecting from them that they use our Services responsibly. You are kindly requested to use our Services only in accordance with MixtureCloud’s reasonable terms of use, as detailed bellow.
You accept not to use MixtureCloud’s services excessively.
It’s forbidden to make wrong use of our Services.
Bellow actions are not tolerated by our Services:
- Make whatever vulnerability tests on our facilities (hardware and network)
- Transgress any security or authentication measure
- Get into non public area of our Service, or into areas that you are not authorized to enter in
- Access to MixtureCloud’s computer systems or those of our services suppliers
- Prevent other users or network from accessing to the platform
- Send a virus
- Flood of datas, emails or spam our Services
- Smuggle hostile softwares
- Access our Services other than through our public interfaces
- Make unsolicited advertising, or spam, and any kind of advertising without having the appropriate authorization
- Send misleading or fake information regarding the designation source (including spoofing and phishing)
- Publish any content going against others rights
- Infringe others private life or libel others
- Usurp an identity
- Be dishonest regarding the affiliation with another person or a specific entity
- Cheat on MixtureCloud in order to get undeserved rewards
- Publish or share obscene material or pornographic films, or which encourage sectarianism, religion, racism or hatred against an ethnic minority
- Break the law by any way
E. Copyright
You are kindly requested to respect the intellectual property rights.
Consequently, any publication or sharing of content protected by the intellectual property of others is purely forbidden by our platform.
In order to fight against copyright infringement, we comply with the requirements of the DMCA American law. Consequently, we will respond to notices of alleged copyright infringement, if they comply with the law and are properly provided to us.
For more information concerning the procedure set up by mixtureCloud, you can consult the copyright category.
We can delete or inactivate the files concerned by the infringement declarations and terminate the account of users originally responsible from the repeated infringement.
F. Safety of your account
You are responsible for the protection of your password used to access our Services.
You accept not to disclose it. Any activity using your account is of your responsibility, even if you didn’t allow it.
You must immediately inform MixtureCloud if you notice any fraudulent use of your account. If you want to protect the files you send to MixtureCloud, you are responsible to use an encrypted safe connection.
G. Termination
We hope that we will not want to close your MixtureCloud’s account. Nevertheless, you can of course stop using our Services at any time. For all information related to the condition of suppression of your account, please check the category “Closing of your account”.
Moreover, we reserve the right to suspend or stop our Services at any time, with or without reason, and with or without notice.
Any use of our Services not matching with these conditions, or likely to cause us legal liability or disrupt the others can lead to the suspension or to the termination of your account.
H. Property of MixtureCloud
According to these conditions, you don’t have any right, title or interest in our Services or in the content of our Services.
We are grateful and we thank you for your suggestions. Nevertheless, we can use any information, comment or suggestion you send us, without any obligation to you.
The technologies used for the running of our Services are protected by copyright. The use, the modification or any other way of manipulation of our technologies are not allowed, except if MixtureCloud agreed about it.
These conditions don’t give you any right to use registered brands, logo, domain, or other special features of MixtureCloud’s brand. No one have the right to use those, for any advertisement, without our prior agreement.
I. Suspension of the relationships with MixtureCloud
The terms of use will apply until MixtureCloud or yourself decide to break it up, as described bellow. At any moment, MixtureCloud can stop the legal agreement concluded with you, if one of the case bellow happen:
(A) You have infringed the measures of these conditions, or you have acted on a way which clearly show that you don’t plan to comply with the measures or you can’t comply with it.
(B) MixtureCloud must suspend the agreement in accordance with a legal decision (for instance when it is or it’s become illegal to provide you its Services)
(C) The partner with whom MixtureCloud provided you its Services has ended his relationships with MixtureCloud
(D) MixtureCloud is in transition and will not provide anymore its Services to the users of your country of residence, or of the country from which you are using the Services.
(E) The availability of the services of MixtureCloud is not anymore viable, from a commercial point of view according to MixtureCloud.
For all cases mentioned above, the Service could be inaccessible without any notice.
J. Limitation of Responsibility
Our Services are offered «as it is», at your own risks, without express or implied warranty or condition of any kind. MixtureCloud is not responsible for damages happening on your computer system, for the loss or the corruption in datas or for any other damages coming from your access or your use of our Services.
MixtureCloud is not responsible for the availability of the content, the goods and the services associated to the links toward websites or other resources. You are the only one responsible for the use of these websites or resources.
IN NO EVENT SHALL MIXTURECLOUD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
(A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
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 MIXTURECLOUD WEBSITE, 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.
(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF THE AMOUNTS PAID BY YOU TO MIXTURECLOUD FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MIXTURECLOUD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MIXTURECLOUD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MIXTURECLOUD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MIXTURECLOUD LIMITED 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.
K. Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY HONG KONG LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF HONG KONG, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and MixtureCloud with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. MixtureCloud’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but MixtureCloud may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. MixtureCloud and you are not legal partners or agents; instead, our relationship is that of independent contractors.
L. Modifications
These Terms might be revised from time to time. On our Website www.mixturecloud.com you’ll always find the most current version available. If, in our sole discretion, a revision is substantial, you’ll receive an email on the e-mail address associated with your account. However, we also can make other changes on our Terms page. Consequently, please check those pages regularly. Once these revisions become effective, if you continue to access or use our Services, you agree to be bound by the revised terms. Please stop using our Services if you don’t agree with the new terms.
If a revision, in our sole discretion, is material, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
