- agree to these Terms, and
- represent that you are an Authorized User.
If you are not an authorized User, or do not agree to these Terms, you may not use the Subscriptionbridge.com Service.
These Terms were last updated on March 11, 2010.
- “Data” means transaction and User information provided by a User in connection with the Subscriptionbridge.com Service.
- "Intellectual Property Rights" mean all inventions, discoveries, trademarks, patents, trade names, copyrights, moral rights, jingles, know-how, intellectual property, software, shop rights, licenses, developments, research data, designs, technology, trade secrets, test procedures, processes, route lists, computer programs, computer discs, computer tapes, literature, reports and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable (or otherwise subject to legally enforceable restrictions or protections against unauthorized third party usage), and any and all applications for, registrations of and extensions, divisions, renewals and reissuance of, any of the foregoing, and rights therein, including without limitation (a) rights under any royalty or licensing agreements, and (b) programming and programming rights, whether on film, tape or any other medium which Cloud Nation owns or for which has a right to use.
- “Master Subscription Agreement” means the master subscription agreement between Cloud Nation and a Merchant under which a Merchant subscribes to the Subscriptionbridge.com Service.
- “Merchant” means a merchant that offers the Subscriptionbridge.com Service to its Users pursuant to a Master Subscription Agreement between Cloud Nation and the Merchant.
- “Subscriptionbridge.com” means the website hosted at http://www.subscriptionbridge.com.
- “Subscriptionbridge.com Service” means the online, Web-based application provided under the “Subscriptionbridge.com” brand (or any successor brand designated by Cloud Nation).
- “User” means a user of the Subscriptionbridge.com Service who is authorized to access and use the Subscriptionbridge.com Service pursuant to a Master Subscription Agreement between Cloud Nation and a Merchant, and has been supplied user identification(s) by Merchant (or by Cloud Nation at Merchant’s request). Users may include but are not limited to Merchant customers, employees, consultants, contractors and agents. As used in these Terms, “Users” does not mean visitors to Subscriptionbridge.com.
“You” or “Your” means or refers to a User.
- “We,” “Our” or “Us” means or refers to Cloud Nation, Inc.
2. USE OF DATA, PRIVACY AND SECURITY
Cloud Nation does not guarantee the security of the Subscriptionbridge.com Service or the Data, and Early Impact will not be responsible in the event of any infiltration of the security systems where SubscriptionBridge is hosted. You further acknowledge and agree that Early Impact is not responsible for the security of the Data or information or any other information stored on Merchant’s servers or any other party’s servers. You agree to notify Us immediately of any unauthorized use of your account or password, or any other breach of security. However, You may be held liable for losses incurred by Us or any other User or Merchant due to someone else using your User ID and password or account.
3. PROPRIETARY RIGHTS
Early Impact is and at all times shall be the sole and exclusive owner of SubscriptionBridge and of all hardware and software that Early Impact has developed, uses or makes available to provide the Subscriptionbridge.com Service, and of any development thereof. Early Impact reserve all rights, title and interest in and to the Services, including all related Intellectual Property Rights.
4. YOUR RESPONSIBILITIES
You shall not access or use the Subscriptionbridge.com Service to: (a) offer, permit or promote gambling; (b) display, transmit or otherwise make available material that is pornographic, obscene, lewd, indecent, or vulgar; (c) display, transmit or otherwise make available material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights; or (d) display or transmit on material promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals, including, but is not limited to, instructions on how to assemble bombs, grenades, and other weapons, and "Crush" SubscriptionBridge.com Services. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Subscriptionbridge.com Service by You; (ii) comply with all applicable laws (including but not limited to export laws) in using the Subscriptionbridge.com Service; and (iii) use the Subscriptionbridge.com Service solely in accordance with its online user guide, which is located at http://wiki.subscriptionbridge.com/
5. CHANGES TO SERVICE
Early Impact may modify the Subscriptionbridge.com Service from time to time in Early Impact’s sole discretion, provided that Early Impact shall make commercially reasonable efforts to ensure that such modifications shall not materially diminish the functionality of the Subscriptionbridge.com Service.
Early Impact may terminate the Subscriptionbridge.com Service and/or Your use of the Subscriptionbridge.com Service may be disabled if the Master Subscription Agreement between Early Impact and the Merchant that offers the Subscriptionbridge.com Service to You is terminated.
6. DISABLING OF SUBSCRIPTIONBRIDGE.COM UNDER U.S. DIGITAL MILLENNIUM COPYRIGHT ACT
If We receive a notice alleging that Your material infringes another party’s copyright, we may disable Your registration in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).
EXCEPT AS EXPRESSLY SET FORTH IN MASTER SUBSCRIPTION AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EARLY IMPACT MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR SOFTWARE, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY EARLY IMPACT. USER ACKNOWLEDGES THAT EARLY IMPACT HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY OR WITHOUT COMPROMISE OF THE SECURITY SYSTEMS RELATED TO THE SERVICES.
You agree to indemnify and hold Us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Early Impact by any third party due to or arising out of or in connection with Your use of the Subscriptionbridge.com Service.
9. LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Early Impact be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Early Impact has been advised of the possibility of such damages.
You agree that Early Impact may, in its sole discretion and without prior notice, terminate Your access to the SubscriptionBridge.com Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the SubscriptionBridge.com Service or any service offered on or through the SubscriptionBridge.com Service, or (4) unexpected technical issues or problems.
11. GOVERNING LAW; DISPUTE RESOLUTION
12. GEOGRAPHICAL LIMITATIONS TO THE SERVICE
Early Impact administers and operates the SubscriptionBridge.com Service from various locations inside and outside the United States. Although the SubscriptionBridge.com Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the SubscriptionBridge.com Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Early Impact reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
You may not use or export or re-export any product or service offered through the SubscriptionBridge.com Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.