TERMS OF USE GOVERNING USE AND ACCESS TO CATCHING CLOUDS WEBSITE
This website, www.catchingclouds.net (“Website”), is an Internet site maintained by Catching Clouds, LLC, (“Catching Clouds”) as a service to the Internet community.

By using this Website, you agree to be bound by the Terms of Use of this Website (“Terms of Use”) and the Catching Clouds Privacy Policy (“Privacy Policy”).  If you do not agree with the Terms of Use or with the Privacy Policy, do not use this Website.

Catching Clouds reserves the right, at its sole discretion, to change the Terms of Use at any time.  Please check the Terms of Use periodically for changes.  Using this Website following the posting of changes to the Terms of Use shall constitute your acceptance of the revised Terms of Use.

Catching Clouds may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time.  Catching Clouds may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

Privacy Policy
The Privacy Policy is designed to provide you control over your Personal Information (as defined in the Privacy Policy).  More about the Privacy Policy.

Catching Clouds Content
This Website is protected by applicable law.  The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of Catching Clouds and/or its licensors/providers and are protected by the patent, copyright,trademarkand trade secret laws of the United States and/or other countries.  You may not otherwise copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of Catching Clouds, including, but not limited to, use of the Contents for any purpose other than your personal use, without the express written permission of Catching Clouds.

Catching Clouds Trademarks
The trademarks, logos, and service marks (“Trademarks”) appearing on this Website are the property of Catching Clouds and/or its licensors/suppliers.  Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

Restrictions on the Use of the Website
As a condition of using this Website, you agree that you will not:

• Without the prior written consent of Catching Clouds, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell the Contents of the Website;

• Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent,trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• Submit, display, or transmit any User Content that exceeds Catching Clouds’ capacity limits or for which you do not own or have the necessary and appropriate rights;

• Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;

• Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Website;

• Use the Website to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;

• Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;

• Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Website; or
Monitor or copy the Contents of the Website.

Website Security Use Restrictions
Catching Clouds takes the security of this Website seriously.  Therefore, in addition to the restrictions set forth above, you may not:

• interfere or attempt to interfere with the proper working of this Website or any activity or service on this Website by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this Website or to any host or network;

• attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;

• access or attempt to access any system or servers on which the Website is hosted or modify or alter the Website in any way;

• upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;

• restrict or prevent any other user from using the Website and/or any products, services, or Contents posted on or offered through the Website;

• post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use this Website; or

• link to, frame, or otherwise reproduce this Website without the prior written consent of Catching Clouds.

• Catching Clouds reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.

• No Warranties or Liability

THE CONTENTS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  CATCHING CLOUDS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE.

CATCHING CLOUDS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

CATCHING CLOUDS ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE.  IN NO EVENT SHALL CATCHING CLOUDS BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE.

IN NO EVENT SHALL CATCHING CLOUDS, ITS SUPPLIERS OR ANYONE ELSE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS WEBSITE BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR WEBSITE, LINKS TO OR FROM THIS WEBSITE, INFORMATION POSTED ON OUR WEBSITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THESE TERMS OF USE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity
You agree to indemnify, defend and hold harmless Catching Clouds and its suppliers together with any of their respective officers, directors, agents, successors and assigns, from and against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third party relating to or arising out of your use of this Website, your breach or violation of the Terms of Use or any other terms and conditions contained on this Website or incorporated by reference, your violation of law or the rights of any third party in connection with your use of this Website.

Links to Other Websites
This Website may include links to third-party sites.  You may access these sites directly or through this Website.  You may also be subject to the terms of use and privacy policies of these other websites.  Links from this Website to other websites are provided solely for your convenience.  You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by Catching Clouds, and Catching Clouds has not reviewed or approved the terms of use or other policies governing such sites.  Catching Clouds does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Your User Content and Communications
Our Website may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”).  It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.

By posting User Content on this Website, you hereby grant Catching Clouds an unrestricted, transferable, sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not.  You hereby disclaim any right to any compensation from Catching Clouds in connection with Catching Clouds’ exercise of its license rights in and to the User Content you have posted on this Website.  You acknowledge and agree that Catching Clouds is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content.  By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.   You agree to indemnify and hold Catching Clouds harmless from all actual and incidental costs and fees associated with Catching Clouds’ defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees.

Catching Clouds reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you.  Catching Clouds has no obligation to display or post any User Content.  Catching Clouds reserves the right to disclose, at any time and from time to time, any information or User Content that Catching Clouds deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request.  Catching Clouds shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.


Community Code of Conduct
This Website may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms.  We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this Website, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice.  Catching Clouds does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties.  You agree that neither Catching Clouds nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.

When participating in community areas of this Website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to Catching Clouds in accordance with these Terms of Use.  In addition to complying with the restrictions set forth in these Terms of Use, you further represent and warrant that you will abide by the following rules:

• You will not use this Website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.

• Except as specifically authorized on this Website, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains  “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) email such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.

• You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a Catching Clouds employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.

• You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.

• You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”

• You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.

• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Website.

• You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.

• You will not use any form of automated device or computer program that enables the submission of postings or User Content on this Website without each posting being manually entered by the author thereof, including, without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

• You will not use a Posting Agent to post User Content to this Website.

Catching Clouds reserves the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria.  Without undertaking any obligation to do so, Catching Clouds reserves the right, in its sole discretion, to delete any postings which violate its code of conduct, to deny access to the Website or services to any person violating these rules, and to pursue appropriate legal action against violators.  Catching Clouds will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

Copyright Infringement
Catching Clouds is committed to respecting others’ intellectual property rights, and we ask our users to do the same.  Catching Clouds may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.  If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, please deliver the following information to Catching Clouds’ Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner

• A description of the copyrighted work that you claim has been infringed

• A description of where the material that you claim is infringing is located on our Website

• Your address, telephone number, and e-mail address so that we may contact you

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

• Catching Clouds’ Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Catching Clouds
17011 Lincoln Ave, #619
Parker, CO 80134

A copy of the notice and supporting materials should also be submitted electronically to web@catchingclouds.net.

Governing Law and Jurisdiction
You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of Colorado, without regard to principles of conflict of laws.  Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of Colorado and you consent to the jurisdiction of those courts.

The Terms of Use are effective as of:  November 19, 2011