The terms “you”, “User”, and “your” refer to a visitor of any aspect of our Services.
Further, if you are not of the age of majority in your place of residence, please do not use the Services.
1. How we Collect and use personal information
We may collect personal information from you for specific and limited purposes, including to provide the Services to you, where you consent to the collection, in order to meet our contractual commitments to you and to comply with our legal obligations.
When collecting personal information from you, we will identify the purpose for collecting your personal information at the time we request it and will not use or disclose your personal information other than for the purpose for which it was collected, without your prior consent or as otherwise permitted by applicable data protection and privacy laws. We endeavor to collect the minimum amount of personal information required to fulfil the purpose for which it was collected.
When you register to use the Services, you may provide us with the following personal information: name, email, address, and user name. You may provide other personal information if you request our help. If you choose to withhold any personal information requested by us or withdraw your consent, you may not be able to use the Services and it may not be possible for us to respond to your query.
We may collect and use your personal information (or other information) in a variety of ways, including for the following purposes:
Information that you Provide: Your personal information may be collected and used by Cloud Nine to provide the Services or otherwise. Specifically, we may use your personal information as follows:
Automated Collection: The Services may also collect certain information automatically, including but not limited to:
Note that much of this information is not considered personal information, under applicable laws. Accordingly, we will comply with our legal obligations regarding such information.
Wherever you have given us your consent to use your personal information, you may withdraw your consent at any time by contacting us at: firstname.lastname@example.org. You may no longer be able to access the Services if you withdraw your consent.
2. Our Disclosure of personal information
We also share some of your personal information with third parties in order to offer the Services to you, including:
Cloud Nine also reserves the right to aggregate and/or anonymize personal information (or other information) stored on its system and use such aggregated and/or anonymized personal information (or other information) as it sees fit, including for promotional presentations of our Services to possible partners, reviewers, advertisers, distributors and other third parties.
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer using the contact information set out below. In some circumstances, a change or withdrawal of consent may limit our ability to provide Services to you or your ability to access certain areas of our Services.
4. Retention of personal information
5. Accuracy of personal information
Cloud Nine takes reasonable steps to ensure that any personal information in our custody is accurate and up-to-date for the purposes for which the personal information is to be used by Cloud Nine. In most instances, we rely on Users of our Services to notify us of any changes to their personal information provided by them.
6. How we Protect your personal information
You and you alone are responsible for ensuring that sufficient security software is installed and running on your device and that your network firewall is of sufficient quality and that your wireless connection is encrypted to a degree that will prevent third party access. Cloud Nine is not responsible for any failure by you to secure your own device and its access to the Internet or your use of public, unsecured networks. Cloud Nine also is not responsible for any failure by you to eliminate malware. These failures and others can make you vulnerable to privacy breaches and would put you and your data at risk.
7. Location of personal information
Personal information we collect is stored and processed by us and our third party service providers primarily in Canada regardless of where you are located.
For Users located in the European Economic Area, we take steps to ensure that adequate protections and appropriate safeguards are in place for your personal information. This may include reliance on the adequacy status of the country’s data protection laws (in the case of personal information processed in Canada) or the incorporation of standard data protection clauses in our agreements with third parties.
8. Personal information and Children
We do not knowingly offer Services to anyone under the age of majority in their place of residence. If you are under the age of majority, you may only use the Services with the permission and involvement of a parent or legal guardian.
9. Links to Third Party Sites
10. Direct Marketing
You may sign up to receive marketing or promotional communications from us. Where you have opted-in, we may use your personal information to inform you about us and our products and our services, including promotional offers and events. If you no longer wish to receive marketing or promotional communications from us, you can opt-out at any time by:
11. Your Rights
Upon written request to email@example.com, you will be informed of the existence, use and disclosure of your personal information, and will be given access to that personal information. Cloud Nine provides an opportunity for individuals to challenge the accuracy and completeness of their personal information and have it amended as appropriate.
In addition, you also have the right to:
12. Contacting Us
Last Revised: November 2, 2021
Your use of the Services, including through a visit of the Site, constitutes your acceptance of this agreement. Therefore, please take the time to review the terms carefully.
If you do not agree with some or all of these terms, do not access or use the SITE or the Services.
1. Use and Accuracy of Information
The Site is provided for general information only. Although Cloud Nine uses reasonable commercial efforts to ensure that the information contained on the Site is accurate, Cloud Nine does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Site.
2. No Offer or Solicitation
This website does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through the Site. Nor does this Site constitute an offering or recommendation by Cloud Nine of any security, investment management service, or advisory service. In this regard, you understand that Cloud Nine is not registered as an investment adviser, broker-dealer or other financial or securities professional with any financial or securities regulatory authority. Cloud Nine does not provide investment advice, tax advice, or legal advice through this Site, and you agree that this Site will not be used by you for such purposes. To the extent that anything on the Site may be regarded as investment advice or the recommendation of a particular security of Cloud Nine, such information is impersonal and is not tailored to the needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. Cloud Nine does not represent that the securities, products, or services discussed on or accessible through, this Site are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this Site shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market or material events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data and information concerning Cloud Nine.
3. Other Terms
These Terms provide only a limited license to access and use the Site. Accordingly, Cloud Nine does not transfer any ownership or intellectual property interest or title in or to the Site to you or anyone else in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are owned, controlled, or licensed by Cloud Nine. Cloud Nine and all other names, logos, marks, and icons identifying Cloud Nine and its products or services are owned exclusively by Cloud Nine, and any use of such names, logos, marks, or icons without the prior express written permission of Cloud Nine is hereby expressly prohibited. Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties. No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. The Materials may be protected under copyright, trademark and other laws of Canada and other countries, and Cloud Nine owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
For any content that you submit on the Site or through any social media platform, you grant Cloud Nine a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the Site (or any social media platform) may be used at Cloud Nine’s sole discretion. Cloud Nine reserves the right to change, condense or delete any content on the Site (or any social media platform) that Cloud Nine deems, in its sole discretion, to violate any provision of these Terms. Cloud Nine reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Cloud Nine, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Cloud Nine, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers and employees.
By submitting content to the Site or through social media, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content. You must not submit, publish or otherwise disseminate to Cloud Nine or through the Site (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (e.g., software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
The Site may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Cloud Nine of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
7. Errors and Inaccuracies; Corrections
The Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
The Site, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by Cloud Nine. TO THE FULL EXTENT PERMITTED BY LAW, CLOUD NINE AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF CLOUD NINE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Site, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.
8. Limitation of Liability
Your use of the Site, the Services and Materials is undertaken at your own risk. Under no circumstances will Cloud Nine or any directors, officers, employees, agents, contractors or suppliers of Cloud Nine, be liable for any general, direct, incidental, special, exemplary, consequential, indirect, or punitive damages arising out of your access to or use of the Site, the Services or the Materials, your reliance on the Site, the Services, or the Materials, or any consequences flowing therefrom. Cloud Nine is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, the Services or the Materials or with this Agreement, your sole and exclusive remedy is to discontinue using the Site, the Services, or the Materials, as applicable.
You agree to indemnify and save harmless Cloud Nine and all directors, officers, employees, agents, contractors and suppliers of Cloud Nine (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.
10. Governing Law and Courts
This Agreement and your use of the Site, the Services, and/or the Materials will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Site, the Services, and the Materials will be deemed solely based in the Province of British Columbia, Canada; and that the Site, the Services, and the Materials will be deemed to be passive in nature and not giving rise to personal jurisdiction over Cloud Nine in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Site, the Services, and/or the Materials or this Agreement. However, you agree that nothing herein precludes Cloud Nine’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
11. Severability; Waiver
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of Sections 1, 2, 4, 5, and 6 and Sections 7-13 will survive termination of this Agreement, howsoever occasioned.
13. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Site, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify you of any change to this Agreement by posting notice of such change on the Site. You agree that we have this right, and that your continued use of the Site following notice of such change means that you agree to and accept the amendments.
Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed to firstname.lastname@example.org.
Last modified: November 2, 2021
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