TERMS OF USE

Last modified: October 17, 2016

 

Welcome to Cloud5Labs, Inc., which includes, but is not limited to donutdazzle.com and cloud5labs.com (the “Website”) and the Donut Dazzle and CountUp applications for mobile devices (“Application”). Please review the following terms and conditions concerning your use of and access to the Website and Application. By accessing, using, and/or downloading any materials or content from the Website or Application, you agree to follow and be bound by the following terms and conditions (the “Terms of Use”). If you do not agree with the Terms of Use, you may not use the Website or Application.

Access and Compliance

By accessing the Website or Application, you agree to be bound by the Terms of Use, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the Website and Application shall be deemed conclusive evidence of your acceptance of the modified agreement.

Under these Terms, Cloud5Labs, Inc. offers users the ability to (i) use the Site; (ii) use the Applications; (iii) download and/or purchase content and virtual currency, and (iv) provide feedback and/or other material to Cloud5Labs, Inc. 

Information on the Website and Application

Although we attempt to maintain the integrity and accuracy of the information on the Website and Application, we make no guarantees as to its correctness, completeness, or accuracy. The Website and Application may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website and Application by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us via information provided at the “Contact Us” link.

Use of the Website and Application

In consideration of being allowed to use the Website or Application, you agree that the following actions shall constitute a material breach of these Terms of Use:

— Collecting information about the Website or Application or users of the Website or Application without our written consent;

— Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website or Application, without our written consent.

— Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or Application or any portion thereof;

— Accessing or using the Website or Application for commercial or competitive purposes;

— Accessing or using any of the data or information for any other purposes besides using the Website or Application;

— Disguising the origin of information transmitted to, from, or through the Website or Application.

— Distributing viruses or other harmful computer code;

— Using the Website or Application for any purpose in violation of local, state, national, international laws;

— Using the Website or Application in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;

— Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.

We expressly reserve the right, in our sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website or Application due to any act that would constitute a violation of these Terms of Use.

Additionally, we reserve the right to modify or terminate user’s access to the Website or Application for any reason, without notice, at any time, and without liability to you.

— Upon termination, all licenses and other rights granted to you in this Terms of Use will immediately cease.

— We reserve the right to refuse access to the Website or Application to anyone for any reason at any time.

Application License

If you decide to use the Application, subject to your compliance with the Terms of Use and conditions of these Terms of Use, Cloud5Labs, Inc. grants you a limited non- exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal use and related non-commercial purposes. Cloud5Labs, Inc. reserves all rights in the Application not expressly granted to you by these Terms of Use. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Third Party Code

The Application may be incorporated or distributed with certain code licensed under one or more open source licenses. The Open Source Code is licensed to you in accordance with the applicable open source license(s). To the extent that any of the terms and conditions of these Terms of Use conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.

Usage Data

You agree to let Cloud5Labs, Inc. collect data about your usage of the Application by using the Website or Application. This data includes all actions you take on Donut Dazzle and CountUp. You also agree to let Donut Dazzle and CountUp collect information from and about your device.

Content License

Subject to your compliance with the terms and conditions of these Terms of Use, Cloud5Labs, Inc. grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and use any content accessible via the Website or Application solely for your personal use and related non-commercial purposes. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or content accessible via the Website or Application, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cloud5Labs, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

You do not own the virtual currency that you purchase or the content or products that you acquire in the Application in exchange for virtual currency (“Virtual Items”); you instead have a license to use the virtual currency in the Application.  Any Virtual Currency balance shown in your in-Application account or other account on a Site does not constitute a real-world balance or reflect any stored value, but rather indicates the extent of your limited license to use virtual currency in the Applications.  Cloud5Labs, Inc. prohibits and does not recognize any purported transfer of virtual currency or virtual items effected outside of the Application.  Accordingly, you may not sublicense, trade, sell or attempt to sell or exchange virtual currency or virtual items for real money or other value of any kind outside of the Application.  Any such transfer or attempted transfer is prohibited and void, and will result in the termination of your license to use the Site and the Application.

Information Related to Advertising and the Use of Web Beacons

To support and enhance the Application, we may serve advertisements, and also allow third parties advertisements, through the Application. These advertisements are sometimes targeted and served to particular users and may come from third party companies called ‘ad networks.’ Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.

Advertisements served through the Application may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information, may be based on the services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Application.

To increase the effectiveness of ad delivery, we may deliver a file (known as a ‘web beacon’) from an ad network to you through the Application. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

Copyrights and Trademarks

The contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are Cloud5Labs, Inc., its affiliates or other third party licensors. Except as stated herein, none of the contents of the Website or Application may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Cloud5Labs, Inc.

DMCA Statement: Owners of copyrights or their agents that believe content on this Site infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to Cloud5Labs, Inc. immediately upon discovery. Any notices given pursuant to the DMCA shall be given to the designated agent of the Website at info@cloud5labs.com.

Children

You are ineligible to use this Website if you are under the age of 13. We do not accept any users who are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian agrees to these Terms of Use. If you are under the age of 18, your parent or legal guardian’s consent to these Terms of Use is ongoing and they hereby warrant that they will review these Terms of Use for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms of Use.

Purchases, Virtual Currency, No Returns

Although the Application is free to download, some in-Application content, functionality and actions are available only by purchasing of virtual currency or content with real money.  If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care.   Parents and other adults who provide our Application to their children, children in their care or other adults should take precautions to prevent unintended purchases of virtual currency or other in-Application content.  We accept ABSOLUTELY NO RETURNS on any purchases, virtual currency or virtual items purchases, including those made by children in your care.    

Cloud5Labs, Inc. assumes no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item for any reason ("Purchaser Errors"). Cloud5Labs, Inc. shall not be liable for any errors on billing statements issued to you by your carrier or Application distributor. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible to the products or services purchased, downloaded or otherwise obtained by you through the Website or Application.  Although Cloud5Labs, Inc. will make commercially reasonable efforts to help you obtain the proper software for your device or platform, Cloud5Labs, Inc. shall not be liable or responsible for any Purchaser Errors. We accept ABSOLUTELY NO RETURNS on any software downloads, virtual currency or virtual items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Website and/or Applications, and all charges related thereto.

Subject to these Terms, you may redeem virtual currency for virtual items or select applications. We do not guarantee that any particular virtual item will be available at all times or at any given time. We do not guarantee that we will continue to offer particular virtual items for any particular length of time. We may revise the pricing for virtual currency and items at any time. We reserve the right to change and update the content contained in applications without notice to you. We reserve the right to remove the Application for sale at any time without notice to you.  If you have not used your virtual currency for twelve (12) months or more and your account has a virtual currency balance, your virtual currency shall expire, and your account may be cancelled for non-use. Once you have redeemed your virtual currency for applications or virtual items, such applications and virtual items are not returnable, exchangeable, or refundable for virtual currency or for cash, or other goods or services. 

We may also award and you may earn virtual currency in connection with promotions or in-Application activities.

Neither Cloud5Labs, Inc. nor any of its affiliates shall have any liability to you for use charges related to any device or service that you use to access the Website or Applications, including, without limitation, usage charges for mobile telephones, tablet devices, Internet service providers, car navigation systems, pagers, and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.  

You agree that all of your transactions with or through the Website and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing." 

Sharing and Playing With Other Users

Application allows you to play against, socially, or share your score with your contacts from another platform or social network, which you have allowed Application to access and interact with. By allowing this, you will share your score and other identifying information, including, but not limited to name, scores and photo, with your contacts from another platform or social network.

No Warranties

THE WEBSITE, APPLICATIONS, VIRTUAL CURRENCY, VIRTUAL ITEMS, CONTENT AND PRODUCTS OFFERED AT THE WEBSITE OR THROUGH ANY APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. CLOUD5LABS, INC. HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE, CONTENT AND MATERIALS ON THE WEBSITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. CLOUD5LABS, INC. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT CLOUD5LABS, INC. IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CLOUD5LABS, INC. LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OPERATORS OF EXTERNAL SITES AND SERVICES.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLOUD5LABS, INC. IS TO STOP USING THE WEBSITE, APPLICATIONS AND SERVICES, AND TO CANCEL YOUR ACCOUNT. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE WEBSITE AND APPLICATION IN THE PAST 180 DAYS. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. 

Indemnification

You agree to indemnify, defend and hold harmless Cloud5Labs, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Cloud5Labs, Inc., due to, arising out of, or relating in any way to your use of the Website and Application, any content you post, upload, use distribute, store or otherwise transmit through the Website and Application, and your violation of any of these terms by you or any other person accessing the Service.

Conflicts

Shall a conflict or contradiction exist between these Terms of Use and any others, which relate specifically to a particular section of the Website or Application, the specific terms relevant to that section shall prevail.

Severability

Any provision of the Terms of Use found to be unenforceable will not void nor effect other provisions of this agreement.

Governing Law & Exclusive Venue

Use of this Website or Application and any claim relating to Cloud5Labs, Inc. shall be governed by the laws of the State of California and litigated in the County of Los Angeles in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website or Application shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California

The Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and Application and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserve the right to change these Terms of Use or policies relating to the Website and Application at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website or Application, which may be posted from time to time. Your continued use of the Website or Application after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use without the prior written approval of Cloud5Labs, Inc. Any purported assignment in violation of this section shall be void. Cloud5Labs, Inc. reserves the right to use Third Party Providers in the provision of the Website and Application and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Cloud5Labs, Inc.

Contact

If you have any questions regarding these terms or wish to contact us for any matter:

Email: 
info@cloud5labs.com
 

Cloud5Labs, Inc. © Copyright 2016