CUMULUS DIGITAL SYSTEMS, INC.

TERMS OF SERVICE

 

1.              Acceptance of Terms.  Welcome to Cumulus Digital Systems.  By using our services, you indicate your unconditional acceptance of the following Terms of Service and our Privacy Policy.  Please read them carefully, as they may have changed since your last visit.  The most recent version of these terms and conditions may be viewed at www.cumulusds.com/tos.  These Terms of Service apply to all Cumulus services and features unless otherwise indicated.  

2.              Scope of Service.  The term “service” includes all services and features available from Cumulus Digital Systems, Inc. (“Cumulus” or “we”), including, without limitation, this website (www.cumulusds.com), the Cumulus Mobile Application, the Cumulus Control Center, and the Cumulus AI application. Users of the services (“you”) are responsible for obtaining any equipment and Internet service necessary to access our services and for any paying any fees for the equipment and service you select.  We may alter, suspend, or discontinue any service in whole or in part, at any time and for any reason, without notice.  A service may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3.              Content.

            Subject to these Terms of Service, Cumulus hereby grants to you a personal, non-transferable, non-exclusive right to access and use the Content of the services subject to these terms and conditions.  The term “Content” means all information, text, images, data, links, software, or other material accessible through the services, whether created by us or provided by another person for display on the services. 

            The Content may contain typographical errors, other inadvertent errors or inaccuracies.  We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

            You may view, copy, download, and print Content that is available on the services, subject to the following conditions:

a.              The Content may be used solely for internal informational purposes.  No part of the services or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.   

b.              The Content may not be modified.

c.              Copyright, trademark, and other proprietary notices may not be removed.

            Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the services or any Content displayed on the services, through the use of framing or otherwise, except:  (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed through the services.

4.              Content Submitted by Users.

a.              Accuracy.  You may use the services without volunteering personally identifiable information.  Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information.  However, if you choose to provide information to register for or participate in a service, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.  If you are using a service in a professional capacity, you are responsible for the accuracy, code-compliance, legality, non-infringement, and acceptability for purpose of all Content.

b.              Liability.  We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted by users.  We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.  You are responsible for ensuring that Content submitted to the services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity.  You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to a service. 

c.              Monitoring.  We have the right, but not the obligation, to monitor Content submitted to our services to determine compliance with these Terms of Service and any other applicable rules that we may establish.  We have the right in our sole discretion to edit or remove any material submitted to or posted through a services.  Without limiting the foregoing, we have the right to remove any material that Cumulus, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to a service. 

 

5.              Prohibited Conduct.

            By accessing our services, you agree to abide by the following standards of conduct.  You agree that you will not, and will not authorize or facilitate any attempt by another person to use our services to:

a.              Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Cumulus.

b.              Use the services for harmful purposes (for example, for conducting illegal activities or for manufacturing illegal weapons)

c.              Use a name or language that Cumulus, in its sole discretion, deems offensive.

d.              Post defamatory statements.

e.              Post hateful or racially or ethnically objectionable Content.

f.               Post Content which infringes another’s copyright, trademark or trade secret.

g.              Post unsolicited advertising or unlawfully promote products or services.

h.              Harass, threaten or intentionally embarrass or cause distress to another person or entity.

i.               Impersonate another person.

j.               Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

k.              Exploit children under 18 years of age. 

l.               Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

m.            Introduce viruses, worms, Trojan horses and/or harmful code to the service.

n.              Obtain unauthorized access to any computer system through the services.

o.              Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).   

p.              Solicit personal information from children under 13 years of age. 

q.              Violate any federal, state, local, or international law or regulation.

r.               Encourage conduct that would constitute a criminal or civil offense.

6.              Children.

            The services are intended to serve a general audience and does not provide specific features or services targeted at children under age 13.  We do not knowingly solicit personal information regarding children under age 13. 

7.              Intellectual Property Rights.

            Unless otherwise noted, all Content contained on the services is the property of Cumulus and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.  Product names are trademarks or registered trademarks of their respective owners.

            We do not claim ownership of Content submitted by users without compensation by Cumulus. However, by submitting Content, you grant us a non-exclusive, worldwide license to use such Content for internal purposes, including to improve the services. 

8.              Copyright Infringement; Notice and Take Down Procedures.

            If you believe that any materials on the services infringe your copyright, you may request that they be removed.  This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:  (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. 

            In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of these services who are repeat infringers.

9.              Security.

            When you register to participate in a service, you may be required to establish a login identifier and a password.  You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account.  You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken.  We are not responsible for losses or damage caused by your failure to safeguard your login and password.

10.           Indemnification. 

            By using a service, you agree to indemnify, hold harmless and defend Cumulus from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the service.  

11.           Disclaimer of Warranty.

            Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on the services.  It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the services.  You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content. In particular, if you are using a service to create or manage work procedures, you are responsible for ensuring that the procedures and workflows created by the service are appropriate for your particular use case.

 

            ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CUMULUS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

12.           Limitation of Liability.

            IN NO EVENT SHALL CUMULUS BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  

13.           Links to Third-Party Websites.

            The services may contain links to non-Cumulus websites that are provided to you as a convenience.  Any outside website accessed from our website is independent from Cumulus, and we have no control over the content of such websites.  We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Cumulus websites.

14.           No Implied Endorsements.

            In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Cumulus of that third party or of any product or service provided by a third party.  Likewise, a link to any non-Cumulus website does not imply that we endorse or accept any responsibility for the content or use of such a website.  Cumulus does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

15.           Jurisdictional Issues.

            We make no representation that information on the services are appropriate or available for use outside the United States.  Those who choose to access the services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

16.           Termination. 

We may terminate any user’s access to the services for any reason and at any time, with or without prior notice.  It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion.  You agree that we are not liable to you or any third party for any termination of your access to our services.

17.           Enforcement.

            These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, U.S.A., notwithstanding any principles of conflicts of law.

            All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association.  The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts.  The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).  All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.  Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards.  Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

18.           Severability.

            If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

19.           Entire Agreement.

            These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein.  We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

20.           For Additional Information.

            If you have any questions about these Terms of Service, please contact info@cumulusds.com.

Copyright © 2023, Cumulus Digital Systems, Inc. All Rights Reserved.