We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the Site. You should continue checking the Site for changes, your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will indicate acceptance of these changes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available for download or access from the Site (the “Software”) is the copyrighted work of Cloudify. You agree that use of the Software is governed by the terms of the license agreement which accompanies it or is included with the Software (the “License Agreement”). Aside from what is set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Ability to Accept Terms
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to Cloudify’s attention through reliable means that a registered user is a child under 18 years of age, Cloudify may cancel that user’s account and/or access to the Site.
Cloudify hereby grants you permission to use the Site, provided that: (i); you will not copy, distribute or modify any part of the Site without our prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam or chain letters; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; and (v) you comply with these Terms.
In order to access some of the services of the Site, you have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses incurred by Cloudify or others due to such unauthorized use. Cloudify will not be liable for any losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, and “offline readers”, that access the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Cloudify grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. Cloudify, in its sole discretion, has the right to terminate your access to the Site immediately and with or without cause.
Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cloudify. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Cloudify’s prior written consent. We reserve all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
“Cloudify”, “Cloudify.co”, “CloudifyCo”, “Cloudifysource”, “GetCloudify”, “Rethink DevOps”, “Dev’s Freedom Your Success”, “Your App. On Any Cloud. Your Way.”, “Any App. On Any Cloud.” , “The Only Constant is Change”, and other marks, are Marks of Cloudify or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
The Site permits the submission of Content by you and other users (“User Submissions”) and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Cloudify does not guarantee any confidentiality with respect to any User Submissions. Cloudify has complete discretion whether to publish your User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. Cloudify has the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submissions) at any time and for any reason. Without limiting the foregoing, Cloudify has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by you.
You represent and warrant that: you own or have the necessary rights and permissions to use and authorize Cloudify to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any government, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Cloudify’s (and its successor’s) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and you hereby waive any moral rights in your User Submission, to the extent permitted by law. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Cloudify is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Cloudify with respect thereto, and agree to indemnify and hold Cloudify, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to: (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) enforce these Terms, including investigation of potential violations of it; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Cloudify, its users or the public.
Cloudify permits you to link to materials on the Site for personal, non-commercial purposes only, provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Cloudify or present any false information about Cloudify and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that: (A) is offensive or controversial (both at our discretion), or (B) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
Cloudify attempts to be as accurate as possible. However, Cloudify cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Copyright and Content Policy
It is the policy of Cloudify to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Cloudify has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Cloudify’s Copyright Agent with the following information in accordance with the DMCA:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Cloudify agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Sharone Revah Zitzman
Cloudify Platform Ltd.
89 Medinat Ha’Yehudim St., Herzelia Pituach, Israel
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification: If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- a physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.
- a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Sharone Revah Zitzman
Cloudify Platform Ltd.
89 Medinat Ha’Yehudim St., Herzelia Pituach, Israel
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CLOUDIFY, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE 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.
CLOUDIFY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS’ SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER CLOUDIFY USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT CLOUDIFY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED TO SUCH A DISPUTE. CLOUDIFY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL CLOUDIFY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNEES AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF CLOUDIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT CLOUDIFY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE BRINGING OF A CLAIM AGAINST CLOUDIFY OR ITS AFFILIATES, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Cloudify, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cloudify without restriction or notification to you.
Last updated: May, 2018