TERMS OF SERVICE
SECTION 1 – PROHIBITED CONTENT AND ACTIVITIESBy agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website and/or Services. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, or affiliation with any person.
- Transmit any worms or viruses or any code of a destructive nature.
- Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, etc.
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
- Use or attempt to use another's information, account, password, service, or system except as expressly permitted.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Services is at your own risk. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICESPrices and/or policies for obtaining our Products are subject to change without notice. Provided, however, you will not be required to pay any fee to Cloud9 without being notified in advance of such charge and expressly agreeing thereto. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We have the option, but not the obligation, to use reasonable means to verify the accuracy of information submitted by you in connection with your use of the Cloud9 Services, as determined by us in our sole discretion. In accessing the Cloud9 Services, we will never discriminate users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other protected characteristic.
SECTION 4 -– REGISTRATION FOR CERTAIN SERVICESYou may be asked to register for certain activities in connection with the Services. When you register or provide any information in connection with the Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. Cloud9 has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and/or username that you are given or select, and you are responsible for all activities that occur under your password or username.
SECTION 5 – PRODUCTS OR SERVICESCertain Products or Services may be available exclusively through the Website and/or Services. Products or Services that you receive through the Website and/or Services are subject to our Return Policy. Unless otherwise stated therein, Products or Services that you receive through the Website and/or Services are not subject to returns or exchanges. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on the Website is void where prohibited. THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, BY USING THE SERVICES YOU SPECIFICALLY ACKNOWLEDGE AND WAIVE ANY CLAIM FOR FRUSTRATION OF PURPOSE, MUTUAL MISTAKE, UNILATERAL MISTAKE IMPOSSIBILITY, AND YOU FURTHER ACKNOWLEDGE AND ACCEPT THE PRODUCT WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES EITHER EXPRESS OR IMPLIED OF ANY KIND NATURE OR TYPE WHATSOEVER. The opportunity to purchase a Product does not constitute a binding offer by us to offer the Product but is an invitation to you to submit an offer to us. You make a binding offer for the Product by entering all required information during the ordering process ("Offer"). We will send an e-mail to the e-mail address you provided to us upon registration immediately after receipt of your Offer to confirm that we have received or accepted your Offer. Billing and Payment. The price of the Products may be listed in U.S Dollars ($) (USD), or whatever other currency Cloud9 decides to use. Sales Tax. For certain purchases made, Cloud9 may be required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tamx, a purchase is subject to tax unless specifically exempt. The purchaser is responsible for any applicable taxes not collected by Cloud9 and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by Cloud9 and to pay such tax. Other than sales or VAT taxes on the real money purchase of Products, all applicable taxes on any Products purchasable through the Store are your sole and absolute responsibility, and in no event will Cloud9 be liable for said taxes. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected by Cloud9 in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase
SECTION 7 – SWEEPSTAKESSweepstakes, contests, games and other promotions may be run as part of the Services by us, and may require you to provide some information such as full name, zip code, e-mail address, and phone number in order to participate. We may use a reputable third-party, selected by, but not affiliated with us, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. Proof of age is required in order for an individual to collect any prizes awarded.
SECTION 8 – INTELLECTUAL PROPERTYCertain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide ("Provide") information to us. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, photographs, designs, or other materials ("User Content"). You agree not to Provide User Content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
- Violates a person's right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
- Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or solicitation of any kind;
- Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
- Contains epithets or other language or material intended to intimidate or to incite violence; or
- Violates any applicable local, state, national, or international law, or advocates illegal activity.