Terms of Use

Agreement to VCloud Interactive, LLC Terms and Conditions.    

The Site is the property of VCloud Interactive, LLC., BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.

VCloud Interactive, LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms, VCloud Interactive, LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

“Site” refers to VCloud Interactive, LLC’s website

“User/Visitor” refers to any person, individual or entity, that has visited VCloud Interactive, LLC’s website in any mode of visit.  

Acceptance

VCloud Interactive, LLC and its subsidiaries and affiliates (“VCloud Interactive, LLC”, “we”, “us”, “our”) provide this Site subject to these Terms and Conditions. If you do not agree to these Terms of Use, you may still freely use this website for informational purposes, among other allowable website usage indicated within these terms. Provided however that you assume all risks and liability pertaining to your visit, including full personal assumption of your personal data’s protection. We do this in regard to our company’s cyber security as well as the protection of your personal information in compliance with General Data Protection Regulation, California Consumer Privacy Act among other applicable Data Privacy Laws.

The VCloud Interactive, LLC website, does not collect, store nor retain any personal information or potentially identifiable information except for necessary cookies to make our website functional and respond to legitimate requests or queries.         

Limited Authorization to Access and Use the Site  

You may download, view, copy, or print information and documents published by VCloud Interactive, LLC on the Site (the “Information”) only for private use or for non-commercial use within your organization, or if you are a VCloud Interactive, LLC Partner, your or your customer’s organization, and solely for the purpose of supporting VCloud Interactive, LLC products and services. The Information may not be altered or modified in any way. You agree that any download, copy, print, or use of the Information by you will retain all copyright and other proprietary notices in the same form and manner as in the original. No other use of the Information is authorized without prior written authorization from VCloud Interactive, LLC. 

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. VCloud Interactive, LLC reserves the right to bar any such activity. 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VCloud Interactive, LLC server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of of VCloud Interactive, LLC, including any VCloud Interactive, LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.  

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or VCloud Interactive, LLC's systems or networks, or any systems or networks connected to the Site or to VCloud Interactive, LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VCloud Interactive, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VCloud Interactive, LLC or others.      

All assumptions, conjectures, findings, decisions or justification borne out of the information gathered within the scope of our Limited Authorization by the visitor is completely his own. VCloud Interactive, LLC reserves the right to file a legal action concerning all illegal attribution or damage caused by any person based on any visitor’s assumption, conjecture, findings, decisions or justifications. 

 

Online Communities

VCloud Interactive, LLC is not obligated to provide any technical support for the Online Communities. To the extent technically allowed by the Site, you agree to use the Online Communities only to upload, post, send, and receive messages (including feedback and suggestion), files, documents, graphics, images, and other content or materials (collectively the “Content”) that are related to the scope of the Online Community, if there are any.

While VCloud Interactive, LLC appreciates the sense of community that comments or interactive media may contribute, any personal data inferred, collated or broadcasted within any channels of our website is not VCloud Interactive, LLC’s doing. Any damages caused by breach of a person’s personal data is completely his own liability. Upon the use of this website, you agree that protection of your own personal data is your sole responsibility.

You will use the Online Communities exclusively in a non-commercial manner. While VCloud Interactive, LLC employees may provide information related to VCloud Interactive, LLC products and services in the Online Communities, the employees are not an official customer support channel, and any opinions expressed by them in the Online Communities are those of the author and do not necessarily reflect the views of VCloud Interactive, LLC. VCloud Interactive, LLC does not endorse, support, represent or guarantee the accuracy, reliability, or truthfulness of any Content or communications in the Online Communities. You understand that by using the Site, you may be exposed to content that might be harmful, offensive, inaccurate or otherwise inappropriate, or in some cases, content that has been mislabeled or is otherwise deceptive. Under no circumstances will VCloud Interactive, LLC be liable in any way 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 posted, emailed, transmitted, or otherwise made available by or through the Site.

 

Prohibited User Conduct

While using the Site, including services and features offered on or through the Site, you will not in whatever manner or form, directly or indirectly use the Site or any Online Community in connection with, or for the purpose of the following: 

• surveys, contests, solicitation of funds, chain letters, junk email, spamming or any duplicative or unsolicited messages; 
• upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Site (or any part of it) or another’s (including VCloud Interactive, LLC’s) computer or property; 
• defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other users; 
• restrict or inhibit another user from using and enjoying the Site or any Online Community; 
• transmit or facilitate the transmission, distribution or dissemination of any content which is false or misleading; 
• promotes bigotry, racism, hatred or harm against any group or individual; or is obscene or indecent; 
• infringe others rights such as, but not limited to, intellectual property rights; 
• falsify or delete any copyright management information including material contained in a file that is uploaded;
• attempt to gain unauthorized access to part of the Site, another’s user account, computer systems, or networks connected to a VCloud Interactive, LLC server; 
• attempt to damage, disable, overburden, or impair the Site or a VCloud Interactive, LLC server or any network connected to a VCloud Interactive, LLC server; 
• download any file posted by another user that you know, or reasonably should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner; 
• harvest or otherwise collect information about others, including email addresses or other personal information; 
• impersonate any person or entity or misrepresent your affiliation with any other person or entity; 
• create a false identity for the purpose of misleading others; 
• or violate any applicable laws, regulations, or codes of conduct. VCloud Interactive, LLC reserves the right to monitor, regulate and remove any submission or content uploaded, posted, or sent on the Online Communities within our site but does not assume any obligation, legal or otherwise, regarding any damage that may arise from such removal or monitoring activity.

 

Your Content

VCloud Interactive, LLC does not claim title to or ownership of the Content. However, by uploading, posting, sending or otherwise transmitting any Content to any part of the Site, including the Online Communities, or submitting any Content to VCloud Interactive, LLC:

You grant VCloud Interactive, LLC and any sublicensees elected by VCloud Interactive, LLC a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Content (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights;  

User agrees to have his/her name published in connection with any content uploaded, posted or sent within any Communities published on our website. 

You warrant and represent that you own, control or have all the necessary rights to the Content including, but not limited to, the rights necessary to upload, post, send or otherwise transmit the Content and to grant licenses and sublicenses such as those set forth above; and Any ideas, suggestions, or other information submitted or sent to VCloud Interactive, LLC, including comments to blogs or posts in the Online Communities, will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the VCloud Interactive, LLC Privacy Policy.

 

User Information

VCloud Interactive, LLC, does not collect personal information or personal identifiable information from our website visitors except for necessary cookies to make our website work. 

Do you have questions? Please fill out this form and one of VCloud’s Compliance Officers will get back to you as soon as they can

In order to access certain parts of the Site, you may be asked to provide some information. Our information collection and use policies with respect to any information, which are not necessarily personal information or personal identifiable information, given are set forth in the VCloud Interactive, LLC Privacy Policy 

You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information and relinquish any right to pursue any legal action against VCloud Interactive, LLC should damage is caused to your person in any shape or form, without prejudice to our fullest discretion in the exercise of your rights under General Data Protection Regulation.

You are fully responsible and liable for maintaining the confidentiality of your username and password, and for any and all activities that occur under your password as well as for any loss or damage incurred by VCloud Interactive, LLC or any third party due to the use of your password or account by someone else. You agree to notify VCloud Interactive, LLC immediately of any unauthorized use of your password and/or account or any breach of security.

 

Third-Party Websites, Content, and Services

VCloud Interactive, LLC may make available a link to a third party’s website. The linked sites are not under the control of VCloud Interactive, LLC. VCloud Interactive, LLC is not responsible for the products, services, information, contents, or any form of transmission which may be provided by or through any linked site, any link contained in a linked site, or any changes or updates to such sites, even if owned by affiliates of VCloud Interactive, LLC. VCloud Interactive, LLC provides such links only as a convenience and does not endorse such linked site or its use or content. Any reliance on the contents of a third-party site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance, including all responsibilities pertaining to the protection of your own personal data.

 

Restricted Rights Legend

Use, copy, or disclosure by the government of the United States is subject to the restrictions set forth in the Defense Federal Acquisition Regulation Supplement (DFARS) § 252.227-7013(c)(1)(ii)(Rights in technical data - Noncommercial items); and the Commercial Computer Software License at 48 C.F.R. § 52.227-19 (Commercial Computer Software License (DEC 2007).

 

Export Control Restrictions

You may not access, download, use, or export the Information (including the Software and Content) in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You and your organization agree to comply with all export laws, restrictions, and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Information (including the Software and Content) in violation of any such restrictions, laws, or regulations, or without all necessary approvals. As applicable, you will obtain and bear all expenses related to any necessary licenses and/or exemptions with respect to the use of the Information outside of the United States. The Information (including the Software and Content ) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to persons listed by the United States Treasury Department as “Specially Designated Nationals and Blocked Persons” or by the United States Commerce Department in its “Table of Denial Orders”. By agreeing to the Terms of Use, you represent and warrant that you and your organization, if applicable, are not (a) located in, under the control of, or a national or resident of, any such country; or (b) a person on the “Specially Designated Nationals and Blocked Persons” or “Table of Denial Orders” lists.

 

Disclaimers

Any and all the Information (including the Software and Content) provided on the Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding workmanlike efforts, lack of negligence or non-infringement.

VCloud Interactive, LLC makes no warranty that the Software, Information, Content, results, or materials that may be obtained from the use of the Site or any tools or services available or offered through the Site will be accurate or reliable; or the quality of any products or services described in the Site will meet your expectations.

The content of the Site may include technical inaccuracies or typographical errors. VCloud Interactive, LLC does not warrant that the electronic functions contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through the Site. VCloud Interactive, LLC does not endorse and is not responsible for the accuracy or reliability of any Content on the Site, or for any offensive, defamatory, obscene, unlawful or infringing Content made thereon by anyone other than an authorized representative of VCloud Interactive, LLC acting in his or her official capacity.

In the future, changes may be added to the information herein but there will be no duty to update the Site. VCloud Interactive, LLC may make improvements or changes in the products or programs described on the Site at any time without notice.

 

Website Operability or Accessibility

VCloud reserves the right to take on website maintenance, including but not limited to, updating the VCloud website, running back-ups, checking 404 errors and server redirects, removing spam comments, updating contents, testing page speeds, or checking any opt-in forms that might potentially render the site inoperable or non-accessible to any visitor. Continued use of this site shall not render VCloud Interactive, LLC liable to any damage caused by such activities, among other operability, accessibility, and interoperability maintenance to any person.

 

Limitation of Liability

Neither VCloud Interactive, LLC nor any of its directors, officers, employees, or other representatives will be held liable for errors contained herein, or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use the Site, or reliance on any of the information provided or materials contained in the Site even if advised of the possibility of such damages. In no event will VCloud Interactive, LLC nor any of its directors, officers, employees, or other representatives be held liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.

The aggregate liability of VCloud Interactive, LLC and any of its directors, officers, employees, or other representatives to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence) arising from the Terms of Use or your use of the Site will not exceed, in the aggregate, the amount, if any, paid by you to VCloud Interactive, LLC for your use of the Site or purchase of products or services via the Site. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; so the above limitation or exclusion may not apply to you to the extent prohibited by law.

 

Indemnification

You and your organization agree to defend, indemnify and hold VCloud Interactive, LLC, its directors, officers, employees, or representatives harmless from and against any and all claims, damages, expenses (including reasonable attorney fees), losses or liabilities arising out of or in connection with your access to or use of the Site, including the Online Communities. VCloud Interactive, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or materials or functions on our site, even if we have been advised of the possibility of such damages.

 

Termination

VCloud Interactive, LLC may, at its option, terminate or restrict without notice any user’s access (and any account of such person) to the Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms and Conditions.

 

Claims of Copyright Infringement

VCloud Interactive, LLC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement (the “Notification”) must be submitted in writing to the following Designated Agent for the Site:

VCloud Interactive, LLC
Attn. VCloud’s Patent and Intellectual Property Council
3960 Howard Hughes Pkwy
Las Vegas, NV 89169
United States of America

To be effective, the written Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site; 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 the Service Provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be connected; A statement that the complaining party has 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; and A statement that the information in the Notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Applicable Law and Dispute Resolution

The Terms of Use as well as all matters relating to your access to and use of the Site will be governed by the laws of the State of Nevada, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States. Any dispute, legal action or proceeding relating to your access to and use of the Site or interpretation of the Terms of Use will be subject to the exclusive jurisdiction of the Nevada state courts in and for Clark County, Nevada (or, if there is federal jurisdiction, the United States District Court for the District of Nevada), and you and VCloud Interactive, LLC irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient. Any judgment or order by any court having proper jurisdiction against either you or VCloud Interactive, LLC may be enforced in any court having jurisdiction over you or VCloud Interactive, LLC as the case may be.

 

Proprietary Rights

As between VCloud Interactive, LLC and you, VCloud Interactive, LLC owns and reserves all rights, title and interest in and to the Site, the Information, and the Content, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein.

 

Intellectual Property Notices

Copyright © 2022 VCloud Interactive, LLC. All rights reserved. You are authorized to copy documents published by VCloud Interactive, LLC (“VCloud Interactive, LLC”) on the Site only as specifically permitted by these Terms of Use.

VCloud Interactive, LLC and the VCloud Interactive, LLC logo are trademarks and service marks of VCloud Interactive, LLC and may not be used, in whole or in part, in any manner without VCloud Interactive, LLC’s prior written permission. All other trademarks are owned by their respective owners.

Any product, process or technology described in the Site may be subject to other intellectual property rights reserved by VCloud Interactive, LLC US. Unless otherwise expressly authorized in the Site, no right to use any such intellectual property rights is granted hereunder.

 

Modification to the Terms of Use

VCloud Interactive, LLC may update and make changes to the Terms of Use at any time without prior notification. When we do so, we will also revise the date at the bottom of the first page of the Terms of Use. With respect to the VCloud Interactive, LLC Privacy Policy, material changes will be notified to you by placing prominent notice on the Site.

 

Data Protection Notice

The protection of your privacy is of great importance to VCloud Interactive, LLC. Therefore, the restrictions and limitations we impose are just methods to show and convey that we are committed to respecting and protecting your personal data and ensuring the efficient exercise of your data subject rights. If you have questions relating to our great efforts to protect our clients and/or end-user’s personal data, or exercising your Right to be Forgotten, among other rights under the General Data Protection Regulation or other rights under different data protection laws, please contact us at (compliance@vcloud.com.) or through the digital form via following link.

 

Legal Contact information

If you have any questions about these Terms and Conditions, please contact us at legal@vcloud.com.

 

Last Updated: June 2022