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Terms of service

General

The following terminology applies to these Terms and Conditions - "Service", "The Service" refers to Ethnocloud.com.

We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on Ethnocloud.com. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of Ethnocloud.com at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

Any consent by Ethnocloud.com to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Ethnocloud.com that expressly reference this Agreement, this is the entire agreement between you and Ethnocloud.com relating to the matters contained herein.

Your content

By submitting material to the Service, you represent and warrant that: We and our website visitors shall not be required to make any payments with respect to material that you submit to our sites, including, but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; The material that you submit to our sites does not contain "samples" of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libelous, pornographic or obscene, and You are at least eighteen years of age. By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, you grant us a worldwide, royalty-free, nonexclusive license to:
  • Make your material accessible on Ethnocloud.com as audio and/or video streams;
  • Host your submitted materials on our servers;
  • Display your submitted materials to Ethnocloud.com users on our web sites, in whole or in part, alone or in compilation with content provided by third parties;
  • Make your submitted materials accessible to Ethnocloud.com users as audio streams;
  • Copy your submitted materials to our servers;
  • Re-encode your materials;
  • Use any trademarks, service marks, or trade names incorporated into your submitted materials and use the likeness of any individual whose performance or image is contained in your material.

Protect your password and subscription

You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.

Requests for removal of listings

If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. We will consider such requests individually.

Third party sites and content

This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Your conduct on the Service

If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part without the copyright holder's permission.

If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both.

You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Governing Law and Jurisdiction

The Web site (excluding linked Web sites) is controlled by Ethnocloud.com from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
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