Welcome to CloudMiddleman.com, a website owned and operated by Tapstream Network Inc. DBA Cloud Middleman ("Company", "We", "Our", or "Us"). These terms of use ("Terms of Use") contain the legal terms and conditions that govern your use of any website or web page operated or provided by Company (each a "Company Website" and, collectively, "Company Websites") including, without limitation, CloudMiddleman.com. These Terms of Use apply to all Company websites that reference these Terms of Use.
By using a Company Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Company Website or any of the services available on a Company Website, all as may be modified by Us from time to time in Our sole discretion.
If you do not agree to these terms of use, then you must discontinue accessing and/or using all Company Websites.
Company may modify these Terms of Use at any time, without notice and in its sole discretion. Your continued use of Company Websites after any modification to the Terms of Use will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult these Terms of Use regularly to review for changes.
You can view Company's privacy policy (the "Privacy Policy") here: https://cloudmiddleman.com/legal/privacy-policy, which is incorporated herein by reference. The Privacy Policy provides your rights and Company's responsibilities with regard to Company's collection, use and disclosure of your personal information as a user of Company Websites. We will not use your personal information in any way inconsistent with the Privacy Policy.
Company uses cookies, tracking tools such as scripts, internet tags, cookies, graphic tags, web beacons and similar means (collectively, "Tags") on the Website to enhance functionality and navigation for Our visitors. Portions of the Website may use analytical tools that are operated by Us and third party providers (collectively, the "Analytical Tools"). Our use of Tags and Analytical Tools is further described in the Privacy Policy. Tags may be placed by Us and/or the third party providers of Analytical Tools. By using the Website, you hereby consent to the placement of Tags for the purposes set forth in these Terms of Use and the Privacy Policy.
Subject to these Terms of Use, you may use the Company Websites as a "Visitor" (which means you are just browsing a Company Website and are not accessing features or services that require you to have an account registered with Us) or a "Registered User" (which means you have registered for an account to use certain features or services available on a Company Website and have agreed to be bound by the terms, conditions, rules, policies or agreements that are applicable to your use of such features or services).
We do not represent or warrant that any of the content or materials presented on the Company Websites are appropriate or available for use in other locations or jurisdictions. If you access Company Websites from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. Company shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within any Company Website.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Company Website or any part thereof, with or without notice. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Company Website. Company may establish general practices and limits concerning use of Company Websites.
Company reserves all rights not granted in and to the content and materials available on the Company Websites. All materials available through Company Websites, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Company. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Company Websites without Our prior written permission.
You agree to indemnify and hold harmless Company and its respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your connection to, access or use of any Company Websites; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity.
YOU AGREE THAT YOUR USE OF ALL COMPANY WEBSITES SHALL BE AT YOUR OWN RISK. THE COMPANY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL, AND MAKES NO, REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE COMPANY WEBSITES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS IN THE COMPANY WEBSITES WILL BE CORRECTED, AND DO NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OF THE COMPANY WEBSITES, WHETHER ONLINE OR OFFLINE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY WEBSITES INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE COMPANY WEBSITES; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OR SOFTWARE UNDERLYING ANY OF THE COMPANY WEBSITES; (C) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH ANY OF THE COMPANY WEBSITES; (D) INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE ANY OF THE COMPANY WEBSITES; AND/OR (E) UNAUTHORIZED ACCESS TO OR USE OF COMPANY' OR ITS CONTRACTORS' SECURE SERVERS.
Company Websites may contain links to or the content of/from third party websites (collectively, "Third Party Websites"). Third Party Websites are not owned or controlled by Company, therefore Company has no control over any products, services, materials or other information in or available through Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. You agree that You assume all risk when accessing any Third Party Websites, and release Company from any and all liability resulting from the access and/or use of Third Party Websites. It is Your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Company makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any law or regulation. You acknowledge and agree that Company may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.
Company is always improving the Company Websites and its services and developing new features. If you have ideas or suggestions regarding improvements or additions, Company would like to hear them, however any submission will be subject to these Terms of Use. Company does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Submissions") to Company, you thereby (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other person; and (b) grant Company and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: (i) use, copy, publish, transmit, perform and display the Submissions for any purpose; (ii) create derivative works from such Submissions; and (iii) implement and use the Submissions and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that Company is not responsible for the confidentiality of the Submissions.
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, without regards its principles of conflict of laws.
These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Company without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.