Terms & Conditions
Contracts between Cloudmaven Switzerland SA (“Cloudmaven”) and the Customer are subject to the following general terms and conditions (“GTC”), unless otherwise agreed.
These GTC, together with the document setting out the scope of work herewith (“Statement of Work”/”SOW”/”Offer”/”Proposal”), form the entire Agreement between Cloudmaven and the Customer. The contents of the Statement of Work shall prevail over the contents of these GTC to the extent of any conflict or inconsistency.
This Agreement sets out all the terms agreed between the parties relating to the subject matter of this Agreement and supersedes any previous agreement between the parties relating to the same subject matter. Neither of the parties shall be bound by, or liable to the other party for, any representation, promise or inducement made by it or by any agent or person on its behalf which is not expressly contained in this Agreement.
License and Use Restrictions
Modify or copy the Information on this Site or use the Information for any commercial purpose, or for any public display, performance, sale or rental;
Use the Information in any way that may be adverse to Cloudmaven’s interests;
Attempt to reverse engineer or decompile any software found on this Web site;
Remove any copyright, trademark or other proprietary notices from any Information.
Failure to comply with these terms and conditions will immediately terminate this license. Upon termination, you must immediately destroy any downloaded and printed materials. Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, any license or right to or under any patent, trademark, copyright, or other intellectual property right of Cloudmaven or any third party.
No Unlawful or Prohibited Use
Links To Other Websites
This Web site may contain links to other Web sites operated by other entities. Cloudmaven does not endorse the companies that own, operate, or control a linked Web site, or products described, advertised, offered for sale, or promoted on a linked Web site. The linked Web sites are not under the control of Cloudmaven and Cloudmaven is not responsible for the content of any linked Web site or any link contained in a linked Web site. If you decide to visit any linked site, you do so at your own risk and Cloudmaven is not responsible for any viruses or other items of a destructive nature that may affect you as a result of accessing a linked Web site. You further acknowledge and agree that Cloudmaven shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Please take necessary preventive measures when accessing a linked Web site. The inclusion of any link does not imply endorsement by Cloudmaven of the site.
Any performance data, information, statement, tests and ratings are measured using specific computer systems and/or components and may reflect the approximate performance of Cloudmaven products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Customers and Buyers MUST consult other sources of information to evaluate the performance of systems or components they want to purchase. Customers and buyers may not reply upon the performance data, information, statement, tests and ratings set forth on this Web site.
Reservation of Rights
Cloudmaven reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted under these Terms and Conditions by implication or estoppel or otherwise.
Contributors to Cloudmaven
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Cloudmaven through its Site, you acknowledge and agree that:
your Contributions do not contain confidential or proprietary information;
Cloudmaven is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
Cloudmaven shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
Cloudmaven may have something similar to the Contributions already under consideration or in development;
your Contributions automatically become the property of Cloudmaven without any obligation of Cloudmaven to you; and
you are not entitled to any compensation or reimbursement of any kind from Cloudmaven under any circumstances.
If any provision of the Terms and Conditions is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the Terms and Conditions.
Disclaimer and Limitation of Liability
THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE OR MADE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ACCURACY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL CLOUDMAVEN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, EVEN IF CLOUDMAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, CLOUDMAVEN AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED ON THIS WEB SITE.
Governing Law and Jurisdiction
This Site is created and controlled by Cloudmaven in Switzerland. Except as set forth otherwise, the laws of Switzerland will govern these Terms and Conditions without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.