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Website Terms and Conditions 'Terms'

Please read these terms and conditions carefully. Together with our privacy policy, they govern our relationship with you in relation to this Website at ("the Website"). If you have any questions about them or do not wish to accept them, please contact us at cloud.terms@bskyb.com before using this Website.

1. Information about us

This Website is operated by The Cloud Networks Limited, a company registered in England under number 5141256 and whose registered address is Grant Way, Isleworth, TW7 5QD, and whose registered VAT number is GB/440 6274 67("The Cloud"). In these Terms "us", "we" or "our" means the Cloud and "you" or "your" means the individual using our Website. You can contact us by e-mail at webmaster@thecloud.net

2. Terms governing your use of the Website

2.1

The following terms and conditions together with the separate privacy policy ("Terms") govern your use of the Website.

2.2

Your use of the Website indicates your acceptance of these Terms. If you do not agree to our Terms, you must not use the Website.

2.3

We reserve the right, at our discretion, to modify, add to or remove any of the Terms by updating this page at any time. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Your continued use of the Website following the updating of the Terms shall mean you accept those changes.

2.4

When you visit this Website, or send emails to us, you are communicating with us electronically and we will communicate with you by email or by posting notices on the Website. 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.

3. Licence granted to you

3.1

The Cloud grants you a non-exclusive licence to use the Website upon the Terms.

3.2

The Cloud may terminate this licence at any time if you are in breach of any of the Terms.

4. Materials in this Website

4.1

This Website contains material which is owned by or licensed to The Cloud. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Website as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright.

4.2

All trademarks reproduced in this Website which are not the property of or licensed to The Cloud are acknowledged on the Website.

4.3

You may view, use, download and store the material on this Website for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties is prohibited.

4.4

Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

5. Accuracy of Information

5.1

The information in this Website is given in good faith and for general information and interest only. It is subject to change without notice. The Cloud is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy.

5.2

The information in this Website should not be relied on and does not constitute any form of advice or recommendation. By using this Website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained in clause 8 remains unaffected by this.

6. Linking

6.1

This Website may contain links to other Websites. The Cloud accepts no responsibility or liability for the content of other Websites that are not under the strict control of The Cloud. Any link is not intended to be, nor should be construed as, an endorsement of any kind by The Cloud of that other Website. It is your responsibility to check the terms and conditions and privacy policy on any other Website which you visit.

6.2

You may not create a link to this Website from another website or document without our express written permission.

7. Contracting with us Online

7.1

Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for those terms and conditions which govern the relationship between us in relation to your use of the Website.

7.2

If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that you are happy with that contract and to take legal advice if necessary.

8. Liability

8.1

The Terms do not exclude The Cloud's liability (if any) to you for personal injury or death resulting from The Cloud's negligence, for fraud or for any matter in respect of which it would be illegal for The Cloud to exclude or to attempt to exclude its liability.

8.2

The Cloud does not guarantee that this Website will be compatible with all hardware and software which you may use.

8.3

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS AND CONDITIONS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS AND CONDITIONS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED THIS WEBSITE. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.

9. Privacy

9.1

The Cloud's privacy policy can be accessed from this link. This privacy policy forms part of these Terms and you should read it carefully.

10. Complete Agreement

10.1

These Terms (including the privacy policy referred to in clause 9) contain all the terms which You and The Cloud have relied on and agreed to in relation to the use of the Website.

11. Jurisdiction and acceptance of these terms and conditions

11.1

This Website is controlled and operated by The Cloud from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms or any dispute in relation to the services or the materials contained in this Website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms.

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