1. These Terms & Conditions (“Terms”) are between you and Cross4Cloud (“Cross4Cloud”). These Terms govern your access to and use of our Cross4Cloud services and our websites (collectively the “Services”), and any data uploaded, downloaded or appearing on the Services (collectively referred to as “Data”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these.
2. Cross4Cloud is a unique service platform of seamlessly integrate your business with multiple public clouds.
3. It is up to you to consider and decide whether these services are appropriate for you or not.
4. You are responsible for your use of the Services, for any Data you submit, share or upload to the Services, and for any consequences thereof. The Data you submit, post, or display will not be able to be viewed by other users of the Services and through third party services and websites. You may use the Services only if you can form a binding contract with Cross4Cloud and are not a person barred from receiving services under the laws of Delaware or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
5. Without limiting the foregoing, your right to access and use the API is also subject to the restrictions and policies implemented by Cross4Cloud from time to time with respect to the API as set forth below or otherwise communicated to you in writing.
6. The Services that Cross4Cloud provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Cross4Cloud may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
7. All Data transmitted, is the sole responsibility of the person who originated such Data. We may, but are not required to monitor or control the Data submited to the Services and we cannot take responsibility for such Data. Any use or reliance on any Data or materials submited to the Services or obtained by you through the Services is at your own risk
8. You are responsible for your use of the Services, for any Data you provide, and for any consequences thereof, including the use of your Data by other users and our third party partners. We guarantee you that your Data will be syndicated, broadcast, distributed, or published by our partners and if you do have the right to submit Data for such use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Data that you submit. You also represent and warrant that neither your Data, nor your use and provision of your Data to be made available through the Services, nor any use of your Data by Cross4Cloud on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9. You acknowledge that Cross4Cloud and the material on the website may be changed from time to time without notice. As we provide Service, we offer no warranties in respect of the preparation and publication of this content. Cross4Cloud is not authorised to give investment advice and nothing on the website should be interpreted as Cross4Cloud seeking to offer such advice. Cross4Cloud content may contain errors or inaccuracies. You should seek confirmation from an authoritative third party source of any information found on the website upon which you may wish to rely. Use of Service is solely at the user's risk.
10. A high speed internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect your network to the Services, including, but not limited to, "browser" software that supports protocols used by Cross4Cloud, including the Transport Layer Security (TLS) protocol or other protocols accepted by Cross4Cloud, and to follow procedures for accessing services that support such protocols. Cross4Cloud is not responsible for notifying you or agents of any upgrades, fixes or enhancements to any such software or for any compromise of data, including service data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Cross4Cloud. We assume no responsibility for the reliability or performance of any connections as described here.
11. You are responsible for compliance with the provisions of these Terms by agents and for any and all activities, as well as for all Data. Without limiting the foregoing, you are solely responsible for ensuring that use of the Services to store and transmit Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations you may maintain or enter into with agents. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for your purposes.
12. The Services are protected by copyright, trademark, and other laws of both Turkey and foreign countries. Cross4Cloud reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Cross4Cloud, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
13. The Services are available to individuals who are 18 years or older. The user is entitled of using Services on behalf of a third person below the age of 18, and shall inform Cross4Cloud of any activity performed on behalf of the afford-mentioned third person.
14. Cross4Cloud uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can Cross4Cloud be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Third Parties or non-delivery of information by the Third Parties. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification.
16. You may not do any of the following while accessing or using the Services:
17. In addition to complying with the other terms, conditions and restrictions set forth below in these Terms, You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than authorized agents in furtherance of your internal business purposes as expressly permitted by these Terms; (b) use the Servics to process Data on behalf of any third party other than agents; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with Cross4Cloud, (e) use the Services in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights; (h) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code for making up the Service; (j) use the Services to knowingly post, transmit, upload, link to, send or store any data that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to store or transmit any “protected health information”; (l) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (m) attempt to use, or use the Servicesx in violation of these Terms.
18. It is Cross4Cloud's policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of data owner.
19. the Cross4Cloud shall terminate, including, without limitation, your license to use the Services, except that the unterminated sections. Nothing shall affect Cross4Cloud's rights to change, limit or stop the provision of the Services without prior notice, as provided above.
20. You will indemnify and hold harmless Cross4Cloud and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Data, (ii) your Data, or (iii) your violation of these Terms. You will indemnify Cross4Cloud and keep Cross4Cloud indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.
21. Please read this section carefully since it limits the liability of Cross4Cloud and its parents, subsidiaries, affiliates, partners, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Cross4Cloud Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the Datas of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
22. While Cross4Cloud has no reason to believe that there are inaccuracies or defects in any of the information published on the website, it makes no representations or warranties, express or implied, including but not limited to the fitness of the information for any purpose whatsoever. The Service is provided on an “as is” or “as available basis” and the user uses the same entirely at his/her own risk. In providing the information to user, no contractual obligation is or has been constituted between the user and Cross4Cloud and no duty of care is owed to the former. If any court of competent jurisdiction rules that Cross4Cloud owes a duty of care to the user, Cross4Cloud will not be liable for any direct or indirect consequences, loss, damages or injury arising from use of this information, unless there is a direct negligence or fault on the part of Cross4Cloud.
23. Your access to and use of the Services or any Data is at your own risk. Without limiting the foregoing, Cross4Cloud entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
24. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Data, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cross4Cloud Entities of such websites or resources or the Data, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
25. To the maximum extent permitted by applicable law, the Cross4Cloud entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or Data of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Data obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or Data.
26. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Cross4Cloud entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
27. In addition to our rights as set forth above, Cross4Cloud reserves the right, in Cross4Cloud's reasonable discretion, to temporarily suspend your access to and use of the Services: (a) as necessary for upgrades and maintenance to the Services; (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or (c) if we suspect or detect any malicious software connected to your account or use of the Services by you or agents.
28. Governing Law: These Terms and any action related thereto will be governed by the laws of Delaware without regard to its conflict of laws provisions.
29. Dispute Resolution:You agree that all Disputes will be resolved exclusively by a court and execution Office located in Delaware.
30. The failure of Cross4Cloud to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Cross4Cloud's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Cross4Cloud may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
31. Any notices or other communications provided by Cross4Cloud under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by submiting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
33. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Cross4Cloud. If you have any questions about these Terms,please contact us.