TERMS AND CONDITIONS OF USE

By using this CloudSpotter app (“CloudSpotter“), created, run and published by Cloud Appreciation Ltd, trading as The Cloud Appreciation Society (“CAS“), and using the cloud-verification service, provided by CAS, you are agreeing to be bound by the following terms and conditions (“Terms of Use“).

BASIC TERMS

By downloading and by taking a photograph using CloudSpotter, you accept that your image will be automatically uploaded to the CAS server (“Submitted”) so that it can be viewed by CAS, and any people it appoints to verify the cloud type and award CloudSpotter stars and achievement badges and, once verified, displayed to other users within the CloudStream module of CloudSpotter and possibly on websites for public viewing.

You are solely responsible for your conduct and any data, text, information, user names, photos, profiles ("Content") that you Submit.

You may not submit obscene, lewd or inappropriate Content.

You understand and agree that, while CAS prohibits the submission of such Content, CAS cannot be responsible for the Content visible through CloudSpotter and you nonetheless may be exposed to such materials and that you use CloudSpotter at your own risk.

You are responsible for any activity that occurs under your user name.

You are responsible for keeping your password secure.

You agree to comply with all applicable local (in your jurisdiction and in the United Kingdom) laws regarding your interaction with CloudSpotter including but not limited to online conduct, intellectual property, privacy and publicity.

You must not modify, adapt or hack CloudSpotter or modify another website so as to falsely imply that it is associated with CloudSpotter.

You must not extract any Content from CloudSpotter for any reason.

You must not use web URLs in your user name without prior written consent from CAS.

You must not transmit any worms or viruses or any code of a destructive nature.

Violation of any of these agreements will result in the termination of your CloudSpotter account.

DATA PROTECTION

Cloud Appreciation Ltd (Registration Number ZA112845) is the data controller for the purposes of the Data Protection Act. It holds a data protection registration and complies with the Data Protection Act 1998.

CAS (“We”) may collect and store your email address, your username and information about your geographical location. We may use this information to administer and enable your use of the services available on CloudSpotter (for example, to automatically recover your password following receipt from you of a password recovery request).

We reserve the right to release personal data when we believe that release is appropriate in order to comply with the law, or to enforce these Terms of Use, or to protect our rights, property, or safety, and that of our customers, or other third parties.

We do not sell personal data about our customers to third parties. 

We will take all reasonable precautions to ensure that all the personal data that you have Submitted remains confidential.

GENERAL CONDITIONS

We reserve the right to modify or terminate CloudSpotter and the cloud-verification service for any reason, without notice at any time.

We reserve the right to alter these Terms of Use at any time.  Please review these terms on a regular basis for updates and changes. 

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username that becomes inactive, violates any law, or may mislead other users.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

PROPRIETARY RIGHTS IN CONTENT SUBMITTED THROUGH CLOUDSPOTTER

CAS do not claim any ownership rights in the photographs that you Submit through CloudSpotter and their associated image details (“Content”). You hereby grant to CAS a non-exclusive, fully paid and royalty-free, worldwide, licence to use, modify, delete from, add to, publicly perform, publicly display, reproduce, sublicense (such sublicensing to be for educational, scientific and research purposes only) and translate such Content in perpetuity, including without limitation distributing the Content in any other application produced by CAS and in any associated print or digital materials, and that in such circumstance a credit notice acknowledging your user name as photographer will be given wherever possible.

You represent and warrant that: (i) you are the owner of the Content, (ii) the Submission of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the Submission your Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you Submit through CloudSpotter.

All text within CloudSpotter is copyright, as detailed in the About section of the app, which can be accessed from the iOS Settings app.

CAS performs technical functions necessary to make user Content visible within CloudSpotter, including but not limited to cropping and/or resizing Content.

Although we aim to verify users’ photographs through our cloud-verification service within two days, there may be occasions when the service is interrupted or takes longer.

Also, although we will normally only delete Content that violates this Agreement, we reserve the right to delete any Content for any reason, without prior notice. 

The CloudSpotter database on the CAS web server is not a back up service. CAS will not be liable to you for any modification, suspension, or discontinuation of the CloudSpotter database, or the loss of any Content.

To the maximum extent permitted by law CAS exclude all representations, warranties and conditions relating to CloudSpotter including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

You acknowledge that CAS are not liable for any direct, indirect, special punitive, exemplary or consequential losses or damages of any kind arising out of your use or access to CloudSpotter, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Nothing in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Your use of CloudSpotter and your agreement to these terms and conditions are governed by the laws and courts of England exclusively.

REFUND POLICY

Any refunds for apps purchased through the Apple App Store are handled by Apple directly. The App Store Terms of Sale state that “All sales and rentals of products are final”. Since the agreement for purchases made in the App Store is between the customer and Apple, we are not able to issue refunds for any reason. If you feel that you deserve a refund, please contact Apple directly by using the ‘Report a Problem’ option in your iTunes account ‘Purchase History’.