Terms and Conditions

By accessing or using our Service, you agree to be bound to all of the terms and conditions described in these Terms, including the ChildCloud Privacy Policy. If you do not agree to all of these terms and conditions, do not use our Service. We reserve the right, at our discretion, to change these Terms at any time. If they do change, we will do our best to tell you in advance by placing a notification on the ChildCloud net website, or by sending you an email. You may also check these Terms periodically for changes. If you use the Service in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

1. Eligibility

You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us that you are at least eighteen (18) years old and, that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

2. Privacy Policy

Please read the ChildCloud Privacy Policy carefully for information regarding our collection, use, and disclosure of your personal information. If any conflict exists between the Terms and our Privacy Policy, the Terms will prevail. ChildCloud recognises the importance of protecting children's privacy in the interactive online world.

3. Accounts and Registration

You promise to provide us with accurate, complete, and updated registration information about yourself. You will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may not transfer your account to anyone else without our prior written permission.

4. Intellectual Property Rights

4.1 Content

The materials displayed or performed on the Service, (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth (the "Content") and the trademarks, service marks and logos contained on the Service ("Marks"), are protected by copyright and other intellectual property laws. Content is provided for your information and personal use only and may not be used, copied, distributed, transmitted, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without prior written consent of the owner of the Content or in any way that violates someone else's rights, including ChildCloud You understand that ChildCloud owns the Service. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Service.ChildCloud

4.2 User Submissions

Anything you post, upload, share, store, or otherwise provide through the Service is your "User Submission." You retain copyright and any other proprietary rights you hold in the User Submission that you post to the Service. For all User Submissions, you hereby grant ChildCloud a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Submissions, in whole or in part, in any media formats and through any media channels (for example making sure your content is viewable on your iPhone as well as your computer). This is a license only – your ownership in User Submissions is not affected.

By posting and sharing User Submissions with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Submissions.

You are solely responsible for your User Submissions and the consequences of posting or publishing User Submissions. By posting and publishing User Submissions, you affirm, represent, and warrant that:

  • You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize ChildCloud and users of the Service to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by ChildCloud and the Terms;
  • Your User Submissions, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.

We are under no obligation to edit or control User Submissions that you and other users post or publish, and will not be in any way responsible or liable for User Submissions. You understand that when using the Service you will be exposed to User Submissions from a variety of sources and acknowledge that User Submissions may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ChildCloud with respect thereto. We expressly disclaim any and all liability in connection with User Submissions. If notified by a user or content owner that User Submissions allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the content, which we reserve the right to do at any time and without notice. For clarity, ChildCloud does not permit copyright infringing activities on the Service.

5. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

  • Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
  • Post, upload, or distribute any defamatory, libelous, or inaccurate User Submission or other content;
  • Publish the private information of any third party without the consent of that third party;
    • Post, upload, or distribute any User Submission or other Content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
    • Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
    • Delete the copyright or other proprietary rights on the Service or any User Submission;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • Use the Service for any illegal purpose, or in violation of any local, state, national, or international law, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • Defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent, Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Submission, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Submission;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • Modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or Intentionally interfere with or damage operation of the Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

6. Third Party Services and Websites

ChildCloud may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on ChildCloud with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Submissions and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Submission or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.ChildCloud

7. Termination of Use

It is free to terminate your use of the Service or your account, for any reason, including your breach of these Terms. ChildCloud has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone's safety or security to do so.ChildCloud

8. Ownership; Proprietary Rights

The Service is owned and operated by ChildCloud The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by ChildCloud (the "Materials") are protected by South African copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submission that is provided and owned by users of the Service, all Materials contained in the Service are the property of ChildCloud or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ChildCloud or its affiliates and/or third-party licensors. Except as expressly authorized by ChildCloud you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ChildCloud reserves all rights to the Materials not expressly granted in the Terms.

9. Indemnity

You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless ChildCloud its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

10. Updating of these terms and conditions

ChildCloud reserves the right to change, modifies, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user's obligation to periodically check these terms and conditions of use at this website for changes or updates. The user's continued use of this website following the posting of changes or updates will be considered notice of the user's acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

11. Disclosure to third parties

Although ChildCloud may provide users' information to service-providers that handle information on its behalf, it will not share the information with third parties or other public entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection.

Where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above.

12. Cookies

ChildCloud may use cookies to ensure that the website is well managed and to facilitate improvement of the site. These cookies collect personal information such as the user's name or e-mail address. A user may reject cookies as most browsers permit individuals to decline cookies. Under certain circumstances, users may be denied access to some parts of this website if their browsers are set to decline cookies.

13. Applicable Law

The Laws of the Republic of South Africa shall govern this agreement.

14. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without ChildCloud's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

15. Contact Information

If you have any questions regarding ChildCloud, the Service, or the Terms please contact us at support@ChildCloud.co.za.