Last Updated: September 7, 2010
The latest version of each of these policies is located on the website for your reference.
To become a Member, you must open an Account by completing all requested information set out on the registration page of our sign up site. A Member must maintain an active address, phone number and email address to become and remain a Member. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other entity or person outside of the Company to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, or credit card information changes. You will not be able to use the CloudSponge Service until you have satisfactorily passed all of our necessary identity and security validation and verification checks. We will notify you of any identity or security issues that delay your use of the CloudSponge Service so as to allow you to resolve such issues, if possible.
You acknowledge that certain of our email options and contact options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to allow CloudSponge to apply its reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.
CloudSponge reserves the right to change/add fees from time to time. Updates will be indicated on the price page or prior to your completion of a transaction.
You are prohibited from engaging in any of the following:
It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your Company device for accessing the Internet. Should another person or entity outside of the Company gain access to your Account by passing all identification and security validation and verification checks, we may at our discretion treat any transaction conducted by that person or entity as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
You are fully responsible for any goods or services bought by you that are settled through your use of the CloudSponge Service. Any dispute with a Merchant regarding any product or service bought by you through the CloudSponge Service is between you and the Merchant and you agree that CloudSponge shall not be a party to such dispute. CloudSponge does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
You acknowledge and accept that: (i) when speaking to customer service agents at CloudSponge, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; and (ii) for fraud and security purposes your records are kept by CloudSponge even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants and other Registered Members to or from whom you transfer funds: name, Account number, jurisdiction, country of residence, postal code, Email address, and/or IP address.
At our reasonable discretion, we may suspend or limit access to your Account at any time and for any reason, including but not limited to the following:
If we suspend or limit access to your account we will notify you within twelve (12) hours of such suspension as to allow you to remedy any issues, if possible, that caused the suspension or limitation. The parties shall then take all reasonable measures to resolve any issues that lead to the suspension or limitation of access of Company to the Account. If we reasonably conclude that the Account must be permanently closed, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us and shall refund a prorated share of any unused Fees you provided hereunder.
Information offered on CloudSponge, hereby referred to as the "Site", is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability , fitness for a particular purpose, or non-infringement. Except for CloudSponge’s gross negligence or willful misconduct, or other representations made in this Agreement, in no event will CloudSponge or any of its affiliates, holding companies, subsidiaries, agents and subcontractors be liable to Company for any damages of any kind, including but not limited to direct, indirect, special or consequential damages regarding any use of this Site , including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if CloudSponge is expressly advised of the possibility of such damages. CloudSponge makes no representation of the intentions of any of its current, past, or future Members. CloudSponge makes no express representation, either written or otherwise, that a CloudSponge member will not commit fraudulent activities while using the Site.
Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. Except as set forth in this Agreement, in no event will CloudSponge warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.
CloudSponge reserves the right to validate and verify any of the information you provide with third parties at any time so long as such information is reasonably related to CloudSponge’s providing of its Services on your behalf.
We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the CloudSponge Service and you agree to indemnify CloudSponge, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the CloudSponge Service in violation of any law or regulation. CloudSponge warrants that it does not violate any law or regulations in its country of incorporation and jurisdiction. It further warrants that it is not violating any laws or regulations by its providing of the CloudSponge,com Service nor is it violating any other party’s intellectual property or other ownership rights by providing its Services. CloudSponge agrees to indemnify the Company, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability arising from its providing of the CloudSponge Services.
Neither CloudSponge nor any of its affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or willful misconduct; provided that under no circumstances shall CloudSponge, its affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
IN NO EVENT SHALL CloudSponge or Company, ITS AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the CloudSponge Service.
CloudSponge confirms that Cloud Copy, Inc retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and other intellectual property rights used by CloudSponge in relation to the CloudSponge Services and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, website designs, text, content, graphics or other intellectual property rights, is prohibited.
You agree to waive any right you may have to commence or participate in any class action suit or proceeding against CloudSponge, its affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions/email responses that you did not make or authorize, you must notify us immediately upon identification or suspicion.