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Here Now Cloud Terms and Conditions of Use

Here Now Cloud Terms and Conditions of Use

Effective Date: 7/14/2020

These Terms of Use (“Terms”) are a legal agreement between you and Web Sparky, LLC (“Web Sparky,” “we,” “us,” or “our”) that governs your use of Web Sparky’s website Here Now Cloud (located at herenowcloud.com) and any related services operated or provided by Web Sparky (collectively, the “Services”). BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.

1 Eligibility

The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen. If you are under the age of majority in your state or country and you wish to use the Services, please ask your parent or guardian to create an Account using your parent or guardian’s name and other personal information, and do not provide your personal information on the Services.

2 Registering with Us

Access to and use of certain functionalities of the Services require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at using the contact information provided in Section 17 if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

3 Permitted Use

All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of Web Sparky or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not copy, sell, rent, distribute, modify, publicly perform, publicly display, transfer, create derivative works of, or sublicense the Services or Content. When using the Services, you must not:

  • remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
  • upload to the Services the personal information of others that you are not authorized to provide;
  • provide any content, data or information to Web Sparky that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
  • use the Services or Content in a way that suggests you are a representative of Web Sparky;
  • use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
  • infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
  • interfere with or disrupt the proper functioning of the Services or Content, Web Sparky or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content;
  • communicate the Content to the public or otherwise grant access to functionalities of the Services only available to Account holders, or any part thereof;
  • make any use of the Services or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions; or
  • allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) or user keys) issued to, or selected by, Web Sparky for someone other than the individual identified in the account information; or
  • cause damage to Web Sparky’s business, reputation, employees, members, facilities, or to any other person or legal entity.

Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.

4 Ownership and Intellectual Property

The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Web Sparky used herein are trademarks or registered trademarks of Web Sparky or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.

5 User Feedback

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.

6 LINKS TO OTHER WEBSITES AND SERVICES

The Services may also link to other websites and services (“Linked Services”). Linked Services are not under the control of Web Sparky and Web Sparky is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Web Sparky of the Linked Services or any association with the operators of the Linked Services. Web Sparky does not investigate, verify or monitor the Linked Services. Web Sparky provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

In particular, some activities relating to the Services are carried out using the third party platform Zoom, hosted by Zoom Video Communications, Inc. and its affiliates (“Zoom”). Your use of Zoom is subject to Zoom’s Terms of Service, located at: https://zoom.us/terms. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ZOOM’S PRIVACY OR SECURITY PRACTICES, AND YOUR USE OF ZOOM IS AT YOUR OWN RISK.

7 PRIVACY POLICY

Please refer to our Privacy Policy, which describes our practices and policies related to the collection, use, and storage of information about users of the Services. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You expressly consent to the use and disclosure of your personal information and other data and information as may be defined and described in the Privacy Policy.

8 REFERRALS

You will have the opportunity to refer friends and family to the Services. You must only refer friends and family who give you permission to share their personal information. The collection, use, and storage of the personal information of referred parties are also be subject to the practices and policies described in our Privacy Policy.

9 COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that any Content posted or made available through the Service constitutes copyright infringement, please provide us with the following information required by 17 U.S.C. § 512 by sending it to us at info@herenow.cloud:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the alleged infringing material and of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Services AND Content ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEB SPARKY MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOes NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. WEB SPARKY IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL WEB SPARKY BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.

11 LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WEB SPARKY OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL WEB SPARKY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12 GOVERNING LAW; DISPUTE RESOLUTION

These Terms will be governed by and construed in accordance with the laws of the state of Washington, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Web Sparky each agree to exclusive jurisdiction and venue in the state and federal courts located in King County, Washington, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and Web Sparky will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution. Notice to Web Sparky will be sent to the contact information provided in Section 17 (Contact Information). Web Sparky will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. Notwithstanding any provision to the contrary, if for any reason, any claim or cause of action, or any proceeding or other litigation of any type brought by a party against the other party, based upon, arising out of, or related to the Services, Content, or these Terms, whether with respect to contract claims, tort claims, or otherwise, proceeds in federal or state court, the parties hereby waive their respective rights to a trial by jury. This waiver applies to any subsequent amendments, renewals, supplements, or modifications to these Terms.

13 CHANGES TO TERMS

We reserve the right to modify these Terms and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means. You will continue to be bound by the Terms you initially accepted until your acceptance of any modified Terms. You may be required to accept modified Terms to continue use of the Services.

14 TERMINATION

You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Policy.

Termination will not limit any of Web Sparky’s other rights or remedies. Sections 4 (Ownership and Intellectual Property), Section 5 (User Feedback), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability and Exclusion of Certain Damages), Section 12 (Governing Law; Dispute Resolution), Section 16 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.

15 INTERNATIONAL USE

Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

Web Sparky makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.

If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Web Sparky to any registration requirement within such jurisdiction or country.

16 GENERAL TERMS

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Web Sparky intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Web Sparky agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Web Sparky may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Web Sparky’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Web Sparky if it is in a written document signed by Web Sparky. Both you and Web Sparky warrant to each other that, in entering these Terms, neither Web Sparky nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Web Sparky, or Web Sparky’s successors and permitted assigns, will have any right to enforce any of these Terms.

17 CONTACT INFORMATION

If you have any questions, please contact us at:

Email:   info@herenow.cloud

Mail:     10002 Aurora Ave N, Ste 36 #432

Seattle, WA 98133


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