Terms of Service

This website is owned by KloudTalk

For any comments or questions you may address them to our customer service department at support@kloudtalk.com, via mail address to WCEGA Tower, 21 Bukit Batok Crescent, Unit 15- 84, Singapore 658065

Acceptance of Terms of Service.

By using and accessing the Website (referred to as the “Service” and excluding any services provided to you by KloudTalk under a separate written agreement), you agree to accept these Terms of Service.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS MENTIONED IN THESE TERMS OF SERVICE, WE SUGGEST YOU TO NOT USE THE WEBSITE IN ANY MANNER. KloudTalk reserves the right to limit or remove your access to the website if you do not abide with these Terms of Service.

Notification of Changes.

KloudTalk reserves the right, at its sole discretion, to change, modify, update, add, or delete parts of the Terms of Service at any time, with or without informing you. We recommend you to, please check these Terms of Service time-to-time for any changes. We will provide you with the option to terminate your use of the Service if the Terms of Service is changed in a manner substantially impacting your rights in connection with the use of the Website. Your continued use of www.kloudtalk.com after the posting of any modifications to the Terms of Service will be deemed to be your agreement to those changes.

Personal Information and Privacy.

Using the website indicates your acceptance of the terms of our Privacy Policy that is available at https://www.kloud.com/privacy-policy/ (the “Privacy Policy”). You are solely responsible for maintaining the confidentiality of your account and other sensitive information. You are also responsible for all activities that occur in your Account and you agree to notify KloudTalk immediately of any unauthorized use of your account. KloudTalk is in no way responsible for any loss or damage to you or any third party incurred due to any unauthorized access and/or use of your Account, or otherwise.

Communications from KloudTalk.

Use of the Service may include email communications from KloudTalk for operational, non-marketing or administrative purposes (such as alerting you of content changes you subscribe to receive, notifying you of important website changes or for support activities). These communications shall be considered part of using the Service.

Restrictions on Use of the Service.

All messages, information, videos or other content, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items.

Accordingly, you are responsible for all items that you record, upload, post, cause a display, playback or performance of, email, transmit or otherwise make available via the Website.

KloudTalk reserves the right but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website and to remove any content. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU RECORD, UPLOAD, POST, CAUSE TO BE DISPLAYED, PLAYED BACK OR PERFORMED IN ANY AREAS OF THE WEBSITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE AND THE SERVICE PROVIDED THEREBY.

Content You Post to the Website:

You may upload or record video, make comments and share other content with other users through the Website.

By using the Service, you agree not to record, upload, post, transmit, cause the display, playback or performance of, or otherwise make available any content that:

  1. Is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory.
  2. Is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or a sexually explicit manner.
  3. Is illegal
  4. Is tortious, defamatory, libellous or invasive of another’s privacy or publicity rights
  5. Infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
  6. Includes copyrighted materials for which you do not possess appropriate rights to display, perform or otherwise make available
  7. You do not have a right to make available under law or contractual or fiduciary relationships
  8. Includes private information of any third-party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
  9. Bears any false, disguised or misleading origin.
  10. Is advertising, solicitations or promotional material.
  11. Contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Content You Post to the Website:

You may not do any of the following to the Website:

  1. Provide any service without prior written permission
  2. Harass or advocate harassment of another person or entity
  3. Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
  4. Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
  5. Link to any third-party sites without their prior written permission
  6. Transmit unsolicited mailings or “spam;”
  7. Collect or store any information about other users or members, other than in the normal course of using the Website for their intended purpose of facilitating voluntary communication among users
  8. Transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
  9. Use the Website in any manner that could damage, disable, overburden, disrupt or impair the Website or any KloudTalk server, or the network(s) connected to any KloudTalk server, or interfere with any other party‘s use and enjoyment of the Website
  10. Disobey any applicable policies or regulations of networks connected to the Website
  11. Modify, adapt, translate or Reverse engineer the Website
  12. Use any robot, spider, site search/retrieval application, or other devices to retrieve, index or interface with any portion of the Website
  13. Frame the Website or reformat it in any way; or
  14. Create user accounts using any automated means or under false pretences

No Responsibility for Third-Party Content

You understand that the Service acts only as a technical interface between users and that KloudTalk does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone and are not to be attributed to KloudTalk.

KloudTalk cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you and that you use the Service at your own risk.

License and Confidential Information.

You acknowledge and agree that KloudTalk(or KloudTalk ’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with KloudTalk, nothing in the Terms gives you a right to use any of KloudTalk ’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Other than the limited license outlined in Section 9, KloudTalk acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You agree that you are responsible for protecting and enforcing those rights and that KloudTalk has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.

Content License.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give KloudTalk a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, transmit and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling KloudTalk to maintain, operate and provide the Service. This license includes no rights for KloudTalk to make such content available to other companies, organizations or individuals without your permission. You confirm and warrant to KloudTalk that you have all the rights, power and authority necessary to grant the above license.

Copyright Policy.

In addition to any other use restrictions outlined in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

It is the policy of KloudTalk to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KloudTalk’s Copyright Agent with the following information:

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed
  3. A description of where the material that you claim is infringing is located on the Website
  4. Your physical and email addresses and telephone number
  5. 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
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

KloudTalk’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o KloudTalk

WCEGA Tower, 21 Bukit Batok Crescent, Unit 15- 84, Singapore 658065

Third-Party Web Sites, Services and Content.

The Website may contain links to third-party sites that are not under the control of KloudTalk, and KloudTalk is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that KloudTalk endorses or accepts any responsibility for the content on such third-party site.

Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

KloudTalk is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third-party site on the Website. Besides, links to advertising that has not been approved by KloudTalk may be embedded in third-party content displayed on the Website. KloudTalk is not responsible for any content, cookies, web beacons, or other technology used in connection with such advertising.

Termination or Modification; Consequences of Violation of Terms of Service.

KloudTalk reserves the right to terminate your privilege to use the Website at any time for any reason. Also, KloudTalk shall have the right but no obligation to:

  1. Remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Service
  2. Terminate a Website discussion or any other portion of the Website, and/or remove a user or users from a discussion or otherwise terminate any use of the Website if KloudTalk determines in its sole discretion or had a good-faith concern that such use is unlawful and/or prohibited by these Terms of Service
  3. Inform law enforcement of any illegal activity or material KloudTalk suspects or discovers on, though, or otherwise relating to the Website and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated

KloudTalk reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that KloudTalk may from time to time upon prior update to the Terms of Service, change the services offered, including, without limitation, limits concerning use of the Service. KloudTalk reserves the right at any time to change or modify fees for access to portions or whole of any or all of the Website, including for services that KloudTalk may have previously offered without charge.

However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time KloudTalk requires a fee for any of the Website, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, KloudTalk shall have the right to cease providing Website access to you.

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