Welcome to the Xloud Technologies site (the “XLOUD Site”). Xloud Technologies Private Limited and/or its affiliates (“XLOUD”) provides the XLOUD Site to you subject to the following terms of use (“Site Terms”). By visiting the XLOUD Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future XLOUD services, content or other materials, you also will be subject to the XLOUD Customer Agreement or other agreement governing your use of our services (the “Agreement”).
Please review our Privacy Policy, which also governs your visit to the XLOUD Site, to understand our practices.
When you visit the XLOUD Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the XLOUD Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the XLOUD Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XLOUD or its content suppliers and protected by United States and international copyright of Xloud. The compilation of all content on the XLOUD Site is the exclusive property of XLOUD and protected by India and international copyright laws. All software used on the XLOUD Site is the property of XLOUD or its software suppliers and protected by India and international copyright of laws.
“Xloud” and all related marks, including logos, graphic designs, and service names, are trademarks or trade dress of XLOUD in India and other countries. XLOUD’s trademarks and trade dress may not be used in connection with any product or service that is not XLOUD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XLOUD. All other trademarks not owned by XLOUD that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XLOUD.
XLOUD grants you a limited license to access and make personal use of the XLOUD Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of XLOUD. This license does not include any resale or commercial use of the XLOUD Site or its contents; any derivative use of the XLOUD Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by XLOUD in a separate license, your right to use any software, data, documentation or other materials that you access or download through the XLOUD Site is subject to these Site Terms or, if you have an XLOUD account, the Agreement. The materials hosted on docs.xloud.tech are licensed
The XLOUD Site or any portion of the XLOUD Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent or license of XLOUD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XLOUD without express written consent. You may not use any meta tags or any other “hidden text” utilizing XLOUD’s name or trademarks without the express written consent of XLOUD. Any unauthorized use terminates the permission or license granted by XLOUD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the XLOUD Site, so long as the link does not portray XLOUD, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any XLOUD logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the XLOUD Site, you are responsible for maintaining the confidentiality of your XLOUD account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. XLOUD reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. XLOUD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant XLOUD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XLOUD and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the XLOUD Site. You acknowledge that (a) XLOUD has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XLOUD for all claims resulting from content you supply. XLOUD has the right but not the obligation to monitor and edit or remove any activity or content. XLOUD takes no responsibility and assumes no liability for any content posted by you or any third party.
Customer Provided Licences. If you use any non-Xloud provided software on your Hosted System you represent and warrant to Xloud that you have the legal right to use the software in that manner. If we have agreed to install, patch or otherwise manage software for you in reliance on your licence with a software vendor (rather than Xloud’s licence with the software vendor), then you represent and warrant that you have a written licence agreement with the software vendor that permits Xloud to perform these activities. On Xloud’s request you will certify in writing that you are in compliance with the requirements of this paragraph and any other software license
Restrictions that are part of the Agreement, and will provide evidence of your compliance as we may reasonably request. If you fail to provide the required evidence of licensing, Xloud may, at its option, either:
Charge you its standard fee for the use of the software in reliance on Xloud’s licensing agreement with the vendor until such time as the required evidence is provided; or
Suspend or terminate the Agreement.
Your licensed software may not be compatible with our standard process for deploying and repairing Hosted Systems. In addition, in order to install the software, Xloud may require you to send the physical or electronic media provided to you by the software vendor, both for deployment, and again in the event of a failure of your Hosted System. You agree that Xloud will not be in breach of any Service Level Guarantee or other obligation under this Agreement that would not have occurred but for the delay resulting from our agreement to use your licensed software.
XLOUD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow ourNotice and Procedure for Making Claims of Copyright Infringement.
THE XLOUD SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY XLOUD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. XLOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XLOUD SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XLOUD DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XLOUD SITE; ITS SERVERS; OR E-MAIL SENT FROM XLOUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XLOUD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE XLOUD SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XLOUD SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the XLOUD Site, you agree that laws applicable to India, without regard to principles of conflict of law, will govern these Site Terms and any dispute of any sort that might arise between you and XLOUD.
Any dispute relating in any way to your visit to the XLOUD Site or to services provided by XLOUD or through the XLOUD Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in India, and you consent to exclusive jurisdiction and venue in Indian courts.
Please review our other policies on the XLOUD Site. These policies also govern your visit to the XLOUD Site. We reserve the right to make changes to the XLOUD Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Xloud Technologies Private Limites
A 307, Ansal Chamber 1,
3 Bhikaji Cama Place,
Delhi 110066
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying XLOUD that your copyrighted material has been infringed.
Copyright Agent/Xloud
Xloud.tech Legal Department
A 307, Asnal Chamber1,
3 Bhikaji Cama Place
Delhi 110066
e-mail: [email protected]
Copyright Agent/Xloud
A 307, Asnal Chamber1,
3 Bhikaji Cama Place
Delhi 110066