Nebul.us User Agreement
This Is A Binding Legal Contract
This binding legal contract provides important information about your Nebul.us account and use, and defines your rights, responsibilities and benefits as a user. By using or accessing this website, or using our service, you agree to these terms and conditions and enter in to this contract. You should therefore take the time to read and understand this entire document. We encourage you to print out a copy and refer to it as you use the site. We may alter this contract from time to time, and you are bound by these changes if you continue to use the site after we post the change.
To understand this contract, you will need to know some details and terminology. Nebul.us.com (referred to as the “Site”) is an internet service (the “Service”) owned and operated by Nebul.us ("we", "our", "us" or the “Company”). The terms “Site” and “Service” are used more or less interchangeably. "You" and "your" refers to you, the user of the Service. As used in this Agreement, "Content" means, by way of example, text, messages, communications, blogs, graphics, photos, sounds, music, videos, links, audio and video streams, downloads, software, scripts, interactive features and the like that are related to the Site, and all other information and materials you encounter, post (actively or passively) or generate through your use of the Site.
These Terms and Conditions apply to all users of our Service and Site, including users who do not post (or cause to be posted) any material on the Site but rather simply view the Site.
Although we contractually require all content providers to obey the law and obey our stringent rules and regulations, we have no actual control over their conduct. You understand and agree that we do not and cannot review the content related to our site or supplied by users. Therefore, the only way we can police this site is to rely on users reports of abuse. Please use this link to tell us about any improper, unfair or illegal conduct related to our Site or Service.
Confidentiality and Non-Disclosure
You acknowledge that you understand that nebul.us is not yet publically available, and that everything about or related to the Site and our Service (the “Disclosed Material”) is confidential at this time.
You agree to keep confidential the Disclosed Material and that prior to being given access to the Disclosed Material, your affiliates, agents, advisors, consultants and representatives shall be informed of the confidential nature of the Disclosed Material and agree to be bound by the terms of this Agreement.
Your further agree (a) not to use, or allow the use for any purpose of, any Disclosed Material in part or in whole; and (b) not to disclose, or allow disclosure of, any such Disclosed Material.
Privacy
We take very seriously the private nature of your personal information. This Privacy Policy explains how we handle the information we collect when you visit our site and/or become a member. Please read this notice carefully.
The very purpose of our Site, of course, is to allow you to share information with others. You control what information is shared with whom. Beyond what you choose to share, we will never use, sell, share or disclose your personal information.
To facilitate the social purpose of our service, the information you include in your profile (including information you cause to be displayed on nebul.us via other sites) is freely displayed to the public and available using automated means of accessing information. Users can also search profiles
Please be aware that besides information you choose to display on Nebul.us, if you download the plugin, we are also gaining access to your browsing history. Part of the point of the site is to allow you to share that history, to the extent you wish. But other than what you choose to share, we will we will never use, sell, share or disclose personal information.
On the bottom of every page of the Site, there is a link to our full Privacy Policy, which describes how we treat the various forms of information we gather from you. Our general philosophy, as you’ll see, is that we share only the information and content that you explicitly choose to share—and that we never use, share, sell or disclose any personal information.
Eligibility.
To use our Service or access our Site, you must be at least 13 years old (or such older minimum age as may be required by applicable law). By using the site and/or creating an account, you warrant and promise us that you meet this age requirement.
Your Use Of Our Service: Your Obligations.
We grant you permission to use our Service (including creating a profile, posting content, causing content to be posted, searching and viewing content associated with other users and the public, communicating through the Service, and the like), provided that you agree to abide by the terms and conditions set forth in this contract, and provided that you state certain facts to us under penalty of perjury.
In order to access the features of our Service, you will have to create an account. As part of the account creation process, you will provide an email address, which is our way of authenticating that you are who you say you are. You will select a username and password, and you will be provided with an account. You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You also agree not to use another person's account without permission.
Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses, or the losses of others, due to such unauthorized use.
Be Careful About What Information You Share
We have done our best to make the process of sharing (or not sharing) information as simple and straightforward as possible. We start from the premise that our users want to share some, but not all, of their online activity. That’s why we make it easy for users to make sure that it is never revealed that they visited certain sites, pages or domains. For example, you may not wish to share with the public or your friends that you have a certain medical condition, that you hold certain political or religious beliefs, or that you use adult online services. Again, we have tried to make it as easy and straightforward as possible to prevent such information from appearing on the Site.
But because you are ultimately responsible for deciding and setting what information is shared, we urge you to be careful about avoiding mistakes. You agree that you are fully responsible, and that we are not responsible, if information about your online activities is inadvertently shared contrary to what you intended.
Copyright and Trademark Infringement (Digital Millenium Copyright Act)
Above, like all our users, you have agreed to refrain from sharing content of third parties in a way that would constitute copyright infringement.
If you believe that your copyrighted content has been infringed by one of our users (or if you believe a user has infringed the intellectual property of some third party), then we will take down the content if you follow our procedures. Be aware that the person who posted the material will have an opportunity to dispute you contention.
To report a copyright or trademark infringement by a Nebul.us user, please send us the following information , to support@nebul.us.
- Your name, address, email address and phone number
- A detailed description of the allegedly infringing material. Make sure to provide enough detail so we can identify the content in question.
- A statement, saying that you have a good faith belief that there is no legal basis for the use of the materials complained of.
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner
Once such notice is given, we will expeditiously remove, or disable access to, the material.
Rules And Regulations
Besides the basic obligations of criminal, regulatory and civil law (which you promise to obey), you must agree to abide by our own rules and regulations in order to use our Site and Service. They are listed below.
You must strictly adhere to these rules. You represent and warrant that you have read them carefully and will follow them to the letter.
Obscenity is forbidden. Nothing you do and no content you provide can violate obscenity laws or relevant community standards.
You will not do anything that harms the smooth operation of our site, or exploits our resources for your or third parties commercial gain.
You will not publish falsehoods or misrepresentations that could damage us or any third party.
You will not submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate.
You will not post advertisements or solicitations of business.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not encourage or otherwise depict drug use or violence as acceptable.
If you violate ANY part of the our Rules and Regulations, We can and may without waiver, terminate your account. We also reserve any and all other rights, including but not limited to seeking legal action, damages and/or injunctive relief.
We Can’t Vouch For The People and Information You Encounter Here
You understand that when using the Nebul.us Website, you will be exposed to content and communications (including User Submissions) from a variety of sources, and that Nebul.us is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications.
We do not endorse or approve (or even control) any content, post or links provided by users, or any representation, opinion, recommendation, content, request or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
Use of The Nebul.us Plugin
Nebul.us’s plugin records your browsing history - the Uniform Resource Locators (URL's) and web sites you visit and the time spent on them, on to local files on your computer. The links are stored on a secure database and displayed back to the user in the private history. Nebul.us also collects and stores other user information that you provide when you download and install the Nebul.us plugin.
You understand and agree that you download and use the Nebul.us plugin at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Nebul.us expressly disclaims all express, implied and statutory warranties and guarantees, if any.
Nebul.us shall not be liable for any consequences, directly or indirectly, punitive or otherwise, special or incidental, arising from the download of the Nebul.us plugin, or resulting from any kind of modification, alteration or use or misuse whatsoever, carried out or made by you, the user, to the Nebul.us plugin, including any efforts at back-engineering or reverse engineering.
You understand and agree that you download or otherwise obtain material or data through the use of the Nebul.us plugin at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Feeds and API
We provide access to portions of our Site and Service via RSS feeds and an API, which makes content made available on our site available and accessible by other services not associated with our site. You agree that information you make public (in a limited or unlimited manner) here may be accessed in such manner by the same audience that my access information on our Site.
Further, access of information related to our Site and Service shall constitute use of the Site and Services for the purposes of these Terms. Nebul.us reserves the rights to change these features at any time, either generally or selectively, and to disable access to the feeds and the API at any time for any reason.
Proprietary Rights
We own and retain proprietary rights in every aspect of the Site and the Service, which contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In particular, we claim trademark, trade dress or similar rights in the names “nebul.us” and “Social Cloud,” as well as the look and feel of the Site, in whole or in part.
In addition, other Users may post copyrighted information, which has copyright protection whether or not it is so identified. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Monitoring
The Company reserves the right, but has no obligation, to monitor the materials posted in the public and private areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE content you supply, including links.
Modifications To This Agreement And The Service.
We have the right, at our sole discretion, to modify this Agreement or the Service at any time. Changes in Service will be posted on the Site and/or sent via e-mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may and should cancel your account. Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
Disclaimer of Warranties; Liability Limitations
You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our service is provided (to the extent allowable by law) "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We and our directors, officers, employees, affiliates, agents and contractors shall not be liable for any direct, indirect, incidental, special or consequential damages arising from your use of our Service (to the extent allowable by law).
Your Information, Messages and Content
Use of our site results in your information being stored and processed in the United States, and you, in registering or creating an account, specifically consent to this. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of our PRIVACY STATEMENT. You may and should review and correct this information regularly.
You shall notify us immediately of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password.
Termination
We reserve the right to terminate your account at any time, including deletion of your messages and Content, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), or any other circumstances which, in our discretion, justify termination.
Indemnification
If you misuse our service or engage in misconduct, you and we may get sued. You will indemnify and hold us harmless, including our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement. We may also sue you if anything you do causes us harm.
Miscellaneous
This Agreement is governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Los Angeles, California.
If you encounter a link to third party website, be aware that we have not control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using our Service, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.
Official correspondence should be sent by way of postal mail to: ______
Should any provision of this Agreement be found by a court of law or equity to be void, invalid or unenforceable under any applicable law or equity, such a finding shall not affect the remainder of this Agreement, in part or in whole, which will still be given effect without the void, invalid or unenforceable provision
Your account is for your sole, personal use. You may not authorize others to use your account, and you may not transfer your account to another person or entity.