Terms Of Use

Last Updated On: October 16, 2018

This terms of use (“Terms of Use”) governs the use of the Services by you (“User/you/your”). By continuing to access and use the Services, you hereby irrevocably consent to be bound by the provisions of this Terms of Use. If you do not agree with any provision of this Terms of Use, and/or, do not consent to be so bound, then please discontinue any further access and/or use of the Services. “Services” as used herein throughout shall mean the products, services, made available by VCLOUDX SINGAPORE PTE. LTD. including any of its affiliates, subsidiaries, group companies (collectively, “VCLOUDX/us/our/we”; individually, “VCloudX Entity”), including the SDK(s) (defined below), API(s) (defined below), Our Websites(defined below), our Hardware and Software Solutions(defined below), our Cloud Services (defined below), Customer Support (defined below), extended by us, and our Sales Activities (defined below), based on the Service Package (defined below) selected by a User under the MSA, and the Cloud Services (defined below).

Our Websites” include enablex.vcloudx.com and www.vcloudx.com;   “Sales Activities” shall mean our sales and marketing programs, processes and activities. “Customer Support” shall mean our training and support functions, including our customer success programs. “Hardware and Software Solutions” shall mean our communication platform hosted on cloud or on-premise. “Cloud Services” shall mean the cloud services/network operated by or on behalf of VCLOUDX [i.e., the applicable VCloudX Entity providing the Services to you], or by any third-party contractor/service provider of VCLOUDX [i.e., the applicable VCloudX Entity providing the Services to you], or any public cloud services engaged by VCLOUDX [i.e., the applicable VCloudX Entity providing the Services to you], for delivering any SDK(s) and/or API(s) or other software solutions to you.

 

These Terms of Use should be read in conjunction with the master services agreement or through any other agreement signed with VCLOUDX [i.e., the applicable VCloudX Entity] relating to the Services entered into between you and VCLOUDX (“MSA”), the privacy policy available at [*] (“Privacy Policy”), and the service level agreement available at [*] that governs the availability of the Services (“SLA”). The Services are made available from [*] (“Services Territory”). The MSA, Privacy Policy and the SLA, shall collectively be referred to as “Other Documents”. If a User is located in a territory outside the Services Territory, then it is the User’s responsibility to ensure compliance with the applicable laws of such territory.

1. SERVICES: USE
  • 1.1 The Services, inter alia, include the SDK(s) and API(s), provided by VCLOUDX, for User(s) to develop and build video or voice based applications and products/services, to be used in their business(es). The SDK(s) and API(s) are delivered through the Cloud Services. You agree and irrevocably consent to the application of this Terms of Use to the access and use of all Services by you.
  • 1.2 You hereby specifically agree and acknowledge that: (a) the Services are provided on an ‘as is’ basis by VCLOUDX; (b) you are permitted to use the Services on a non-exclusive, basis, solely in accordance with the provisions of this Terms of Use and the Other Documents; (c) all use of the Services must be in compliance with the applicable laws; (d) all use of the Services shall be in accordance with the terms and conditions attached to the Service Package selected by you under the MSA, and your right to access or use any Services is contingent on the execution of an MSA between you and VCLOUDX in relation to the Service Package; (e) you agree that all rights, title, and interest in the Services belongs to VCLOUDX [or the applicable VCloudX Entity as the case may be] or its licensors, as the case may be, and you shall not at any time claim any rights to the Services or parts thereof; (f) you shall not use, and shall not permit the use of the SDK(s) and/or the API(s) in a manner that is inconsistent with or contrary to the Terms of Use or the Other Documents.
  • 1.3  For the sake of clarity, the SDK(s) and the API(s) may only be used, subject to the terms set forth in this Terms of Use and the Other Documents, as part of any product or solution developed by you in consonance with the use authorization granted to you by VCLOUDX [i.e., the applicable VCloudX Entity] for the Service Package. “Service Package” shall mean the Service(s) selected by a User under an MSA, which inter alia includes details of the permitted types and nature of uses of the Services, including the limitations on use by the User. “SDK(s)” shall mean the software development kit(s) made available by VCLOUDX [i.e., the applicable VCloudX Entity] through the Cloud Services for each Service Package for development and use of voice/video based applications by User(s); “API(s)” shall mean the application programming interface(s) made available by VCLOUDX [i.e., the applicable VCloudX Entity] through the Cloud Services, for each Service Package for the development and use of video based application(s) by User(s).
  • 1.4  VCLOUDX may provide update, upgrades, to the Services or parts thereof, from time to time, and you agree to install such updates, upgrades, within the timelines notified by VCLOUDX. You agree that your failure or omission to install such updates, upgrades, within the timelines notified to you, may result in VCLOUDX’s inability to make available the Services or the affected part thereof to you.
2. AUTHORITY TO ACCEPT
  • 2.1  You hereby irrevocably and expressly consent to be governed by this Terms of Use in relation to your access and use of the Services. In the event that you are below the age of eighteen (18), then this Terms of Use must be accepted by a parent or natural guardian prior to commencing any access or use of our Services.
  • 2.2  If the Terms of Use are accepted by an individual on your behalf, then you represent and warrant that such individual has full power, title, and authority to accept the Terms of Use and all covenants, representations, conditions contained herein on your behalf. Further, if you are a company, then the terms ‘you’/’your’ shall be deemed to mean and include you and all of your employees. If you are an individual, then you shall be personally bound by the Terms of Use.
3. FEES
  • 3.1  All access and use of the Services is subject to the payment of the fees applicable to the Service Package, as set forth in the MSA (“Fees”). Your failure to pay any portion of the Fees may, in VCLOUDX’s sole discretion, result in an immediate suspension or termination of your right to use any or all Services, and upon such suspension or termination, you shall immediately cease the use of any Services forming the subject of such suspension or termination pending further notice from VCLOUDX. Your obligation to pay the due portion of the Fees shall not be affected by such suspension or termination. The foregoing shall be without prejudice to VCLOUDX’s rights and remedies.
  • 3.2  In the event that your access or usage of the Services, in whole or in part, exceeds the conditions of use associated with the Service Package selected by you under the MSA, you shall pay the fees attached to such excess usage, as per the rates and payment instalments communicated by VCLOUDX. If you fail or omit to pay such fees incumbent upon excess usage of the Services, as set forth herein, then, VCLOUDX reserves the right to suspend or terminate your usage of the Services, in whole or part, without prejudice to its rights and remedies, in accordance with the provisions of paragraph 3.1.
  • 3.3  VCLOUDX reserves the right to revise the Fees, and your continued use of the Services shall be deemed to constitute your acceptance of such revision. The Fees paid to VCLOUDX shall be non-refundable except as provided under the applicable laws. No refunds or credits will be granted for partial periods of access or use of Services or unused terms or in the event of a price reduction or promotional offering.
  • 3.4  In the event that you are required to make any payment of the Fees, or monies for other offer(s), through the use of a credit card or a debit card, then the payment shall be governed by the terms, and privacy policy, of the payment gateway partnering with VCLOUDX. VCLOUDX shall not be responsible or liable for any error(s) in the service provided by the payment gateway including any failure or duplication of the payment or any downtime or outage in the servers or webpage of the payment gateway service provider.
  • 3.5  If you have any concerns regarding any aspect of the Fees payable by you during the applicable period, then such concern(s) should be reported in writing to VCLOUDX at [*], no later than within three (3) days from the date on which the incident giving rise to the concern(s) arose. You shall be deemed to have waived your right to raise any concern(s) regarding the applicable payment of the Fees if the same are not brought to VCLOUDX’s notice within the aforesaid timeline. If any refund(s) of the Fees are made to you by VCLOUDX, pursuant to acceptance of any concern(s) in writing, then all such refund(s) shall only be made by way of credit(s) to your User Account or in any other manner deemed appropriate by VCLOUDX.
  • 3.6  Your authorization to use the Services shall auto-renew for the period mentioned in the MSA, unless VCLOUDX terminates your right to access and use the Services, or your access to the Services is terminated pursuant to the MSA, or unless you terminate such auto-renewal no later than fifteen(15) days before the designated auto-renewal date, by logging into your User Account and following the instructions to effectuate such termination. Notwithstanding the termination of such auto-renewal, you shall be responsible to pay all Fees that is due, on the basis of your usage of the Services prior to the designated date of auto-renewal.
4. ACCOUNT SET-UP

In order to access and use the Services, you will be required to set-up a ‘user’ account with VCLOUDX (“User Account”). You will be responsible to:

  1. Provide an acceptable username and password to set-up the User Account;
  2. Maintain the security and confidentiality of such username and password;
  3. Ensure that such username and password are at all times correct and accurate.

VCLOUDX is not responsible for, and shall not at any time be construed to be responsible for, preserving or assisting in preserving the security of any username(s) or password(s) associated with a User Account, including any information or contents contained in such User Account.

5. TRIAL USE
  • 5.1  VCLOUDX in its sole discretion, shall have the right to make available the Services, in whole or in part, to you, on a free trial or discounted use basis, including any promotional/beta use features of the Services for such duration as may be determined by VCLOUDX in its discretion (“Trial Use Features”).
  • 5.2  If any Trial Use Features are made available to you, then you agree to use it in accordance with any additional terms or conditions of use notified by VCLOUDX in relation to such Trial Use Features. Without limiting the generality of the foregoing, you agree that the Trial Use Features may only be utilized for your ‘internal demonstration’ purposes, and may not be made available to any third parties outside your organization/business, including on any public/private website or platform, and/or, for any commercial/non-commercial purpose(s). Further, the Trial Use Features may not be utilized as part of or in conjunction with any third party products, services, features, unless expressly authorized by VCLOUDX in writing in each instance.
  • 5.3  Nothing herein shall be construed to impose an obligation or constitute an agreement by VCLOUDX [including the applicable VCloudX Entity] to make available any Trial Use Features. This Terms of Use does not automatically entitle you to use/have access to the Trial Use Features.
  • 5.4  VCLOUDX [i.e., the applicable VCloudX Entity] reserves the right to suspend or terminate any or all Trial Use Features, at any time, without any prior notification to you, including pursuant to any breach of the provisions of this Section 5 by you.
6. PRODUCT INTEGRATION
  • 6.1 VCLOUDX authorizes you to combine the SDK(s) and/or API(s) with your products/services (“Combined Product”), and make such Combined Product available to End Users (defined below), only in accordance with and subject to this Terms of Use and the provisions of the Other Documents. Without limiting the generality of the foregoing, you agree not to obscure, remove, delete, conceal, or modify, the VCLOUDX Marks (defined in Exhibit A), without VCLOUDX’s [i.e., the applicable VCloudX Entity’s] prior written approval, required to be procured in each instance. Your use of the VCLOUDX Marks shall be subject to brand guidelines/restrictions for the use of such VCLOUDX marks, as may be prescribed/notified by VCLOUDX, from time to time.
  • 6.2  You may use the VCLOUDX Marks [i.e., of the applicable VCloudX Entity] only for the purpose(s) of asserting to third parties including End Users, that the Combined Product comprises the Services or parts thereof, provided that such combination shall not be construed to represent, and you shall not lead a third party including an End User to believe, that VCLOUDX endorses or is in any manner associated with your products/services.
  • 6.3  All goodwill emanating from the use of VCLOUDX’s Marks, shall inure to the sole benefit of VCLOUDX [i.e., the applicable VCloudX Entity].
  • 6.4  You hereby grant to VCLOUDX, a limited, non-exclusive, sublicensable license, to your trademarks, logos, for the territory of the world, for the purpose of advertising to third parties that you use VCLOUDX’s Services.
7. ADJUNCT INFRASTRUCTURE

The access or use of the Services, including the SDK(s) and/or the API(s), may require the use of additional software or infrastructure products (“Additional Product(s)”). To the extent that any Additional Products are required, you shall be solely responsible for installing and for procuring the rights/license for such Additional Products. The use of the Additional Products shall be governed by the terms of service and additional covenants provided by the third party vendor. VCLOUDX assumes no responsibility for making available such Additional Products, and shall not be construed to be responsible or liable for any errors, defects, viruses, bots, software disabling codes, or incompatibilities, present in such Additional Products.

8. OPEN SOURCE SOFTWARE

If the SDK(s) and/or API(s) contain any Open Source Software, then such Open Source Software, is identified to the best of VCLOUDX’s knowledge in the MSA. The Open Source Software, shall be deemed to be licensed under the applicable Open Source Software license(s), and nothing in this Terms of Use or the Other Documents shall be construed to supersede any terms of the applicable Open Source Software license(s). ‘Open Source Software’ shall bear the meaning ascribed to it in the MSA.

9. CONFIDENTIALITY AND NON-DISCLOSURE
  • 9.1  1  During the course of access or use of our Services, we may disclose to you, or you may gain access to, certain Confidential Information. You agree to maintain the confidentiality of such information, and to refrain from disclosing or sharing it with a third party unless specifically authorized by VCLOUDX in writing prior to such disclosure. “Confidential Information” shall mean any information that is proprietary to VCLOUDX (unless such information was publicly disclosed by an authorized representative of VCLOUDX), including, inter alia, financial information, details pertaining to VCLOUDX’s products or services, any material, electronic records, proprietary tools, know-how, provided to you by VCLOUDX or that you may obtain knowledge of at any time, whether disclosed orally or in writing and whether marked as ‘confidential’ or not. For the avoidance of doubt, ‘Confidential Information’ shall include all information which by its nature is considered to be confidential or proprietary to VCLOUDX.
  • 9.2  The obligations of confidentiality set forth herein shall not apply to any information that:
    1. is in the public domain through no act or omission on your part, capable of being evidenced through written and dated documentation;
    2. is obtained by a third party through no act or omission on your part, capable of being evidenced through written and dated documentation;
    3. is required to be disclosed pursuant to an order of a competent judicial authority provided that you disclose only such portion of the information that is necessitated by the order, and notify VCLOUDX in writing prior to such disclosure
10. REPRESENTATIONS AND WARRANTIES

You represent and warrant as follows: (a) you have the full right and authority to enter into the Terms of Use and accept the terms hereof; (b) you either own the products/services that form part of the Combined Product, or have acquired the right to exploit the same, and such product/services are compliant with applicable laws, and do not infringe the rights of third parties including rights in any form of intellectual property; (c) you shall use the Services strictly in compliance with the Terms of Use and the Other Documents.

11. INDEMNITY

You hereby agree to indemnify, hold harmless, and defend, VCLOUDX, jointly and severally, and each VCloudX Entity’s  directors, employees, officers, and affiliates (“Indemnitees”), from and against, any and all losses, claims, actions, damages, suits, proceedings, liabilities, fees (including reasonable attorneys’ fees), expenses, penalties, costs (“Losses”), arising as a result of, pursuant to, and/or, in relation to:

    1. a breach of the Terms of Use and/or any Other Documents by you;
    2. any use of the Services in a manner which violates the permission for use granted to you;
    3. any use of the Services in violation of third party rights and/or the applicable laws.
12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, JOINTLY OR SEVERALLY, BE LIABLE TO YOU, ANY USER OR ANY OTHER PERSON OR ENTITY WHO USES, OR ATTEMPTS TO USE, ANY ASPECT OF THE SERVICES UNDER ANY THEORY OF LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OUR PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS TERMS OF USE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NOR SHALL WE, JOINTLY OR SEVERALLY, BE LIABLE TO YOU, ANY USER OR ANY OTHER PERSON OR ENTITY WHO USES, OR ATTEMPTS TO USE, ANY ASPECT OF THE SERVICES FOR ANY INJURY THAT YOU, ANY USER OR ANY OTHER PERSON OR ENTITY SUFFERS AS A RESULT OF (A) ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY ASPECT OF THE SERVICES, INCLUDING ANY SDK(S) AND/OR ANY API(S), (B) ANY FAILURE OF THE SERVICES, (C) ANY ACTS OR OMISSIONS OF ANY THIRD PARTY, (D) ANY OTHER INJURY SUFFERED AS A RESULT OF THE USE OF OR OPERATION OF THE SERVICES, OR (E) ANY INFRINGEMENT CLAIM THAT ARISES OUT OF YOUR APPLICATIONS AND/OR ANY ADDITIONAL PRODUCTS. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY, WHETHER JOINT OR SEVERAL, HEREUNDER TO YOU, ANY USER OR ANY OTHER PERSON OR ENTITY FOR ANY INJURY, DAMAGES OR LOSS THAT YOU, ANY USER OR ANY OTHER PERSON OR ENTITY SUFFER AS A RESULT OF, OR IN CONNECTION WITH, YOUR OR THEIR USE OF THE SERVICES EXCEED THE FEES ACTUALLY PAID TO VCLOUDX PURSUANT TO THE MSA DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR USER ACCOUNT, EVEN IF SUCH ACTIVITIES OCCURRED WITHOUT YOUR PERMISSION.

13. NO WARRANTY

YOUR USE OF THE SERVICES, INCLUDING THE PROVISION OF THE SERVICES OR ANY PART THEREOF TO ANY END USER, IS AT YOUR SOLE RISK. WE, JOINTLY OR SEVERALLY, MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, ANY USER OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, PERFORMANCE, SERVICE AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY, COURSE OF DEALING, USAGE OF TRADE, TIMELINESS, ACCURACY OF RESULTS OF ANYONE’S USE OF THE SERVICES, SERVICES SECURITY, SERVICES RELIABILITY, FREEDOM FROM ERROR, COMPLETENESS, SATISFACTION OF USER REQUIREMENTS OR EXPECTATIONS, OR OTHERWISE. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS ONLY. NO ADVICE OR INFORMATION THAT WE, WHETHER JOINTLY OR SEVERALLY, PROVIDE YOU, ANY USER OR ANY OTHER PERSON OR ENTITY SHALL CREATE ANY REPRESENTATION OR WARRANTY ON OUR PART.

14. SECURITY AND SERVICES AVAILABILITY
  • 14.1  You shall be responsible for ensuring that your services/products, including any content, data, materials, information, hosted or stored on such products/services, are protected by suitable security processes and measures to prevent any unauthorized access or use of the Services or parts thereof.
  • 14.2  VCLOUDX [i.e., the applicable VCloudX Entity] reserves the right to suspend or terminate your access and use of the Services, including the User Account, if VCLOUDX gains knowledge of any actual or threatened unauthorized access or use of the Services or any part thereof. VCLOUDX [i.e., the applicable VCloudX Entity] shall also have the right to suspend or terminate your access or use of the Services, including the User Account, on account of any: (a) scheduled maintenance of the Services; (b) unavailability of any or all of the Services due to the occurrence of a downtime; (c) a Service Unavailability (as defined in the SLA available at [*]); (d) pursuant to the receipt of any claim, action, notice, or the implementation of any governmental order or regulation, or a change in applicable law.
15. TERM AND TERMINATION
  • 15.1 You shall have the right to use the Services, as per the Service Package selected by you under the MSA, and in accordance with the duration of use specified in the MSA.
  • 15.2 VCLOUDX [i.e., the applicable VCloudX Entity] reserves the right to terminate your access and use of the Services, or parts thereof, including the User Account if you breach any term of the Terms of Use and/or any Other Document(s). The Terms of Use and your rights under all Other Documents shall also stand terminated if: (a) you inform VCLOUDX in writing of your decision to discontinue further use of the Services or the applicable part thereof; (b) the duration of permitted use of the Service Package under the MSA expires.
  • 15.3 Upon any termination of the Terms of Use, the following consequences shall apply: (a) you shall immediately cease any further use of the Services as part of the Combined Products or in any other manner, and shall ensure that any third party including an End User that uses any products developed by you and incorporating any part of the Services also discontinues further use of the Services with immediate effect; (b) you shall remain liable to pay any Fees due and payable to VCLOUDX [i.e., the applicable VCloudX Entity].
16. END USER(S)
  • 16.1  You hereby agree to ensure that all the terms of the Terms of Use and the Other Documents are adhered to by any third party, including any end user (“End User”), that is authorized to use the SDK(s) and/or the API(s) as part of the product(s) developed by you including the Combined Product(s) in accordance with the use authorization granted to you by VCLOUDX for the Service Package.
  • 16.2  You shall be responsible for ensuring that the End User complies with the provisions of the Terms of Use, including the terms relating to Prohibited Activities, to the extent that any product(s) made available by you to an End User, comprise any part of the Services. For the sake of clarity,VCLOUDX is making available the Services to you, and not to an End User.
17. PROHIBITED ACTIVITIES

You hereby agree to refrain from any Prohibited Activities in relation to any part of the Services. Prohibited Activities shall bear the meaning and description set forth in Exhibit A to this Terms of Use.

18. GOVERNING LAW AND JURISDICTION

This Terms of Use shall be governed by the laws of Singapore, notwithstanding the conflict of laws principle. If any dispute arises in connection with this Terms of Use, it shall be settled amicably within 15 (fifteen) days.  If the dispute cannot be settled in an amicable manner, then such dispute shall be referred to arbitration by a sole arbitrator as per the Arbitration Rules of the Singapore International Arbitration Centre. The venue and seat of arbitration shall be Singapore, and the language of arbitration shall be English. The cost of arbitration shall be borne jointly by the you and VCloudX [i.e., the applicable VCloudX Entity]. Subject to the foregoing, the exclusive jurisdiction and venue for any action related to the subject matter hereof shall the competent courts of Singapore.

19. GENERAL
  • 19.1 Severability. If any provision of the Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
  • 19.2 Revisions. VCLOUDX reserves the right to revise the Terms of Use from time to time, and it shall be your sole responsibility to review such revised terms of use at this link: [*].
  • 19.3 Survival. The conditions of use of the Services, the indemnity and exclusion of indirect damages, limitation of liability, waivers, your covenants, governing law and jurisdiction, shall survive the efflux of time.
  • 19.4 Relationship. You acknowledge that you are not a partner, employee, or agent of VCLOUDX.

            I ACCEPT

EXHIBIT A
PROHIBITED ACTIVITIES

Prohibited Activities” shall include any unlawful acts or omissions including any acts or omissions which are capable of infringing the rights of any third party, and shall specifically comprise the following:

  1. Using any software or hardware that is capable of introducing any viruses, defects, bots, software disabling codes, malfunctions, in the Services;
  2. Any act or omission aimed at reverse engineering any part of the Services to understand its capabilities, functionality, shortcomings, or to evade any filtering mechanism or any security requirements, including to develop any product or service that provides standalone functionality that is similar to the Services;
  3. Any act or omission aimed at circumventing or bypassing any security limitations imposed by VCLOUDX with respect to the use or access of its Services;
  4. Uploading, providing, making available, sending, any information or details which constitute personal information or data, and/or, sensitive personal information or data, under the applicable laws, if such information does not belong to you;
  5. Using the Services to engage in or facilitate any fraudulent or unlawful activity;
  6. Using the Services, or promoting the use of the Services in any manner which is capable of infringing the rights of any third party including rights in any form of intellectual property. Without prejudice to the generality of the foregoing, you shall not upload any content that violates applicable law or regulation or provides instructional materials on any illegal activity, or is obscene, libelous, defamatory, hateful, racially or ethically objectionable, disparaging, harmful to minors, contrary to public policy or otherwise unlawful, promotes or enables gambling or any game(s) of chance, infringes the rights of privacy or contract or tort rights of any individual, or any content that misappropriates a person’s trade secret, name, likeness or identity, any content that disrupts or interferes with the functionality of the Services or any servers or networks of VCLOUDX or any of its service providers, or any other content deemed inappropriate by VCLOUDX in its sole discretion;
  7. You shall not use any part of the Services to upload or disseminate content that constitutes “spam”, mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law, and/or, that contains inappropriate language;
  8. You shall not use any part of the Services to upload or disseminate content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content;
  9. You shall not use any part of the Services in a manner which is likely to harm a third party or cause any form of damage or liability to a third party;
  10. You shall not at any time claim that any proprietary material belonging to VCLOUDX, including the Services, and/or, any trademarks, trade names, logos belonging to VCLOUDX (“VCLOUDX Marks”), belong to you, and/or attempt to register any marks or logos similar to the VCLOUDX Marks in any jurisdiction of the world. You shall not use the Services in a manner which is capable of tarnishing or diluting the reputation or goodwill of VCLOUDX or the VCLOUDX Marks;
  11. You shall not use or access any part of the Services, and/or, facilitate any use or access of the Services, which is capable of interfering with the operations of VCLOUDX/Services and/or the functionality of any part of the Services;
  12. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services;
  13. Using the Services or any part thereof in any manner that violates the Terms of Use, any industry policies or standards, or the usage policies of any third parties;
  14. You shall not use the Services to engage in any unsolicited marketing, advertising, or other such activities, and/or, disseminate any unsolicited mails or communications through the use of the Services;
  15. You shall not use the Services to procure any information or details, including any personal information, concerning another person;
  16. You shall not use a false identity or personal information to use any part of the Services;
  17. You shall not use the Services to reveal any information which is considered confidential or proprietary by a third party.