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Last updated: August 1, 2013
Welcome to Brandkloud.com.
Brandkloud ltd provides website features and other services to you when you visit or buy through Brandkloud.com, use Brandkloud services, use Brandkloud applications for mobile, or use software provided by Brandkloud in connection with any of the foregoing (collectively, "Brandkloud Services"). Brandkloud provides the Brandkloud Services subject to the following conditions.
By using Brandkloud Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Brandkloud Services and sometimes, additional terms may apply. When you use a Brandkloud Service (including Brandkloud applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Brandkloud Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Brandkloud Services, to understand our practices.
When you use any Brandkloud Service, 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 this site or through the other Brandkloud Services. 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 in or made available through any Brandkloud Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Brandkloud or its content suppliers and protected by Irish international copyright laws. The compilation of all content included in or made available through any Brandkloud Service is the exclusive property of Brandkloud and protected by Irish and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Brandkloud Service are trademarks or trade dress of Brandkloud in the Ireland and other countries. Brandkloud's trademarks and trade dress may not be used in connection with any product or service that is not Brandkloud's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brandkloud. All other trademarks not owned by Brandkloud that appear in any Brandkloud Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brandkloud.
One or more patents owned by Brandkloud apply to the Brandkloud Services and to the features and services accessible via the Brandkloud Services. Portions of the Brandkloud Services operate under license of one or more patents.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Brandkloud or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Brandkloud Services. This license does not include any resale or commercial use of any Brandkloud Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Brandkloud Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Brandkloud or its licensors, suppliers, publishers, rightsholders, or other content providers. No Brandkloud Service, nor any part of any Brandkloud Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brandkloud. 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 Brandkloud without express written consent. You may not use any meta tags or any other "hidden text" utilizing Brandkloud's name or trademarks without the express written consent of Brandkloud. You may not misuse the Brandkloud Services. You may use the Brandkloud Services only as permitted by law. The licenses granted by Brandkloud terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Brandkloud Service, you are responsible for maintaining the confidentiality of your 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. If you are under 18, you may use the Brandkloud Services only with involvement of a parent or guardian. Brandkloud reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; 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. Brandkloud 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 Brandkloud 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 Brandkloud and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the 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 Brandkloud for all claims resulting from content you supply. Brandkloud has the right but not the obligation to monitor and edit or remove any activity or content. Brandkloud takes no responsibility and assumes no liability for any content posted by you or any third party.
Through Brandkloud site user might find links to the sites of third party companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Brandkloud does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Brandkloud Services (the "Brandkloud Software").
Use of Brandkloud software. You may use Brandkloud Software solely for purposes of enabling you to use and enjoy the Brandkloud Services as provided by Brandkloud, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Brandkloud Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Brandkloud Software or otherwise assign any rights to the Brandkloud Software in whole or in part. You may not use the Brandkloud Software for any illegal purpose. We may cease providing any Brandkloud Software and we may terminate your right to use any Brandkloud Software at any time. Your rights to use the Brandkloud Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Brandkloud Software that are specifically identified in related documentation may apply to that Brandkloud Software (or software incorporated with the Brandkloud Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Brandkloud Service is the property of Brandkloud or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services. When you use the Brandkloud Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Brandkloud Software, whether in whole or in part, or create any derivative works from or of the Brandkloud Software.
Updates. In order to keep the Brandkloud Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
THE BRANDKLOUD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRANDKLOUD SERVICES ARE PROVIDED BY BRANDKLOUD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRANDKLOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BRANDKLOUD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRANDKLOUD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BRANDKLOUD SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRANDKLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRANDKLOUD DOES NOT WARRANT THAT THE BRANDKLOUD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRANDKLOUD SERVICES, BRANDKLOUD'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BRANDKLOUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRANDKLOUD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BRANDKLOUD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BRANDKLOUD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
BRANDKLOUD DOES NOT MAKE ANY WARRANTY OR ASSUME ANY OBLIGATION WITH RESPECT TO THE VALIDITY OF ANY PATENTS, DESIGNS, COPYRIGHTS OR TRADEMARKS WHICH MAY COVER ANY PRODUCTS SOLD THROUGH BRANDKLOUD. THE CONDITIONING OF LIABILITY, RIGHTS, OBLIGATIONS AND REMEDIES OF THE PARTIES RELATING TO CLAIMS ARISING FROM DEFECTIVE PRODUCTS SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS OF THE SELLER.
By using any Brandkloud Service, you agree that the laws of Ireland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Brandkloud.
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Brandkloud Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use 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.
Brandkloud respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a notice for making claims of copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying Brandkloud that your copyrighted material has been infringed.
Brandkloud Ltd.
Company number: 520004
Unit A2, M4 Business Park,
Celbridge, Co. Kildare
Ireland
www.Brandkloud.com
Thank you for visiting Brandkloud. We would like you to inform you about our commitment to respect and protect the privacy of the personal information you provide to us. The information below is designed to inform you of what information we collect, why we collect such information, and how we use the information we collect. This Privacy Policy is incorporated into our Terms of Service.
When you submit your personal information to us, you are giving us your consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy. We are always available to discuss your questions or concerns regarding this Privacy Policy and our privacy practices. If you would like to speak to a customer service representative, please contact us via email info@Brandkloud.com
Brandkloud will occasionally update this Privacy Policy. When a revision is made we will revise the "last updated" date on this page. We encourage you to check the date of our Privacy Policy each time you visit our Website for any updates or changes. Your use of our Website constitutes your consent to this Privacy Policy, including any changes or updates. We may make additional features, functionality, offers, activities, or events ("opportunities") available to you subject to additional or different privacy rules that we disclose in connection with those opportunities.
International Transfers. Information collected on this Website may be stored and processed in any country in which Brandkloud or its affiliates, subsidiaries or agents maintain facilities and by using this Website, you consent to any such transfer of information outside of your country. Brandkloud abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union. By using the Website and providing personal information to us, you consent to any such transfer of information outside of your country. Be advised that personal information may be made available, without your knowledge, to governments or agencies in any other country where we or our service providers store or process personal information, under a lawful order made in that country.
General. In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties.
We may use the information we collect about you to:
