Terms of Use

These Terms of Use ("Terms") govern your access to and use of the services and CloudTalk's , iPhone / iPod Touch application and website (the "Services"), and any recordings, information, or other materials or messages, uploaded, downloaded or appearing or heard on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the CloudTalk web site (the ìSiteî), you are agreeing to be bound by the following terms and conditions (ìTerms of Useî).

Basic Terms

You are responsible for your use of the Services and it is understood by you that all the information, messages, recordings, sound,data,text or other materials, whether publicly posted or privately transmitted are the sole responsibility of the person from who such Content originated. You understand that when you provide and share public Content, you do so with the understanding that it may be rebroadcasted by others. You should only provide Content that you are comfortable sharing with others under these Terms. You may use the Services only if you can form a binding contract with CloudTalk and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that CloudTalk provides are always evolving and the form and nature of the Services that CloudTalk provides may change from time to time without prior notice to you. We reserve the right to terminate your account at our sole discretion and without prioir notice. In addition, CloudTalk may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

  • You may not harm Minors in any way.You may not use the CloudTalk service for any illegal or unauthorized purpose. Users outside the United States agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not post content that is unlawful, harmful, hateful, threatening, harassing, tortuous, defamatory, vulgar, obscene,libelous, invasive of anotherís' privacy, or racially, ethnically oro therwise objectionable. You will not post content or take any action on CloudTalk that infringes someone elseís rights. We can remove any content on CloudTalk that we believe violates this statement. You must not abuse, harass, threaten, impersonate or intimidate other CloudTalk users.
  • You will not use our copyrights or trademarks (including CloudTalk, the CloudTalk Logos) without our written permission.
  • You are solely responsible for your conduct and any data, text,information, screen names, graphics, photos,profiles, audio clips,links (ìContentî) that you record, submit, post, and display on the CloudTalk service. You must not modify, adapt or hack CloudTalk or modify another website so as to falsely imply that it is associated with CloudTalk.
  • You must not create, send or submit unwanted or unauthorized commercial communications (ìSpamî) to anyone using the CloudTalk service.
  • You must not transmit any malicious or destructive code (e.g., worms,viruses, etc). You will not collect usersí information, or otherwise access CloudTalk,using automated means (e.g. harvesting bats, robots, spiders, or scrapers) without CloudTalkís permission. When using this mobile product your carrierís normal rates and fess, such as text messaging fees, could apply.
  • You must not violate any laws in your jurisdictions (including but not limited to copyright laws) using the CloudTalk service. If you violate these agreements or the spirit of these agreements, or otherwise create possible legal exposure for us, we can terminate your account and stop providing CloudTalk services to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time.

Safety

We do our best to keep CloudTalk safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • You will not misrepresent yourself
  • You will not send or otherwise post unauthorized commercial communications (such as spam) on CloudTalk.
  • You will not collect users' content or information, or otherwise access CloudTalk, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on CloudTalk.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  • You will not offer any contest, giveaway, or sweepstakes ("promotion") on CloudTalk without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
  • You will not use CloudTalk to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of CloudTalk, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Statement.

Privacy

The information that you provide to CloudTalk is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of our service you are consenting to our processing of your information as set forth in this Privacy Policy. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to,collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in,the US. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post in CloudTalk. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions. As part of providing you the Service we may need to provide you with certain communications such as service announcements and administrative messages. These communications are considered part of the services and your CloudTalk account, which you may not be able to opt out of receiving.

Account Set up

CloudTalk users provide some personal information, and we need your help to keep it that way. Here are some ommitments you make to us relating to registering and maintaining the security of your account:You will not provide any false personal information on CloudTalk, or create an account for anyone other than yourself without permission. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). You must provide a valid email address.You will not use CloudTalk if you are under 13.You will not use CloudTalk if you are a convicted sex offender.You will keep your contact information accurate and up-to-date.You will not share your password, let anyone else access your account,or do anything else that might jeopardize the security of your account. You will notify us immediately of any unauthorized use of your password.You will not transfer your account to anyone without first getting ourwritten permission.You will not post anyoneís identification documents or sensitivefinancial information on CloudTalk.

User Name

Your User Name will be your unique identifier and will always be included with the Content you share or post. You will not be able to change your User Name. When you select a User Name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a User Name that does not closely relate to a user's actual name). Your User Name will be your unique identifier, along with a photograph if you choose to include one. Your User Name may not closely approximate another person's name (unless it is your legal name).

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account CloudTalk cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements

Content on the Services

You are responsible for your use of the Sevices, for any Content you provide and for any consequences thereof. This means that you, and not Panama, are entirely responsible for all Content that you record,download, upload, post, email, transmit or otherwise make available via the Service. CloudTalk does not guarantee the accuracy, integrity or quality of such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any of this information. The public Content you submit, post or record, will be able to be viewed and heard by other users of the Services party services and websites. You record and post Content on the Site at your own risk. We cannot control the actions of other Users with whom you may choose to share conversations, messages, or information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of this Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. Therefore, you understand that removed content may persist beyond the CloudTalk Service. You understand that the Content or communications posted via the Services and any opinions expressed via the Services are not endorsed by CloudTalk. Through the CloudTalk service you may be exposed to Content that is offensive, indecent or objectionable. CloudTalk will not be liable for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content Downloaded, uploaded, posted, emailed, transmitted or otherwise made available via the Service. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your profile settings: you grant us a non-exclusive, transferable, sub-licensable, reoyalty-free, worldwide licene to use any IP content that you post on or in connection with CloudTalk (IP License). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not delete it).

We always appreciate your feedback or other suggestions about CloudTalk,but you understand that we may use them without any obligation to compensate your for that feedback (just as you have no obligation to offer the feedback).

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive,royalty-free license (with the right to sublicense) to use, copy,reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license is you authorizing us to make your public Content available to the rest of the world and to let others do the same. But what ís yours is yours - you own your content. Such additional uses by CloudTalk, or other companies, organizations or individuals who partner with CloudTalk, may be made with no compensation paid to you with respect to the Content that you submit, post,transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices,services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. CloudTalk will not be responsible or liable for any use of your Content by CloudTalk in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. CloudTalk gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by CloudTalk as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.

Copyright Policy

CloudTalk respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following written information: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;Identification of the copyrighted work claimed to have been infringed;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Your contact information, including your address, telephone number,and an email address;A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Twitter will also terminate a userís account if the user is determined to be a repeat infringer. Any person who knowingly materially misrepresents under this section 512(f) that material or activity is infringing, shall be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.