We reserve the right to terminate or modify the Demo Website in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Demo Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Demo Website to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Demo Website.
Data Visible to Other Users
The Demo Website is a collection of shared instances that automatically reset on a timed schedule. Anything input by a user of the Demo Website that remains on an instance following your use will be visible and usable to all other users that access the same instance before it is reset. In addition to the rights provided to ChannelCloud above, you hereby grant to all users of the Demo Website a royalty‑free, fully‑paid, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use any data and intellectual property provided by you to each other user of the Demo Website solely to use the Demo Website as described herein.
You agree not to access or use (and shall not permit others to access or use) the Demo Website or ChannelCloud Intellectual Property in any manner:
Notification of Violation
ChannelCloud, “now” with a stylized power button, the “NOW” family of marks, and all related, logos, product and service names, designs and slogans are trademarks or service marks of ChannelCloud or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Demo Website is a shared environment. ChannelCloud has the right but not the obligation to:
Without limiting the foregoing, ChannelCloud has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Demo Website. YOU WAIVE AND HOLD CHANNELCLOUD HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CHANNELCLOUD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CHANNELCLOUD OR LAW ENFORCEMENT AUTHORITIES.
ChannelCloud can neither review all material before it is included on the Demo Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Feedback & Suggestions
Direct feedback, comments, suggestions, requests for support and other communications relating to the Demo Website to: email@example.com. ChannelCloud shall have a royalty‑free, worldwide, non‑exclusive, transferable, sub‑licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Demo Website and the ChannelCloud Products.
Regional Legal Considerations
The owner of the Demo Website is based in the state of California in the United States. The Demo Website can be accessed from countries around the world. Access to the Demo Website may not be legal by certain persons or in certain countries. If you access the Demo Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Demo Website from territories where the Demo Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
Disclaimer of Warranties
ChannelCloud cannot and does not promise or warrant that any aspect of the Demo Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE, IS AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHANNELCLOUD NOR ANY PERSON ASSOCIATED WITH CHANNELCLOUD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DEMO WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CHANNELCLOUD NOR ANYONE ASSOCIATED WITH CHANNELCLOUD REPRESENTS OR WARRANTS THAT THE DEMO WEBSITE WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CHANNELCLOUD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEMO WEBSITE AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL CHANNELCLOUD, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
You may not access, download, use or export materials posted to the Demo Website in violation of U.S. export laws or regulations, including the Export Administration Regulations (EAR), or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
Waiver and Severability
Third Party Beneficiaries
There are no third‑party beneficiaries to this agreement.
Classification of Website and ChannelCloud Products
In the event of a dispute, the categorization of any subject matter as either the Demo Website or a ChannelCloud Product shall be made by ChannelCloud in its sole discretion, and ChannelCloud may reclassify as a ChannelCloud Product subject matter previously included in the Demo Website.