These Terms of Service (“Terms”) govern your access to and use of the Application and Service, and constitute a binding legal agreement between you and Cluise. Proposal Invest LTD corp. ("Cluise", "our", "us" or "we") provides the Service offered by cluise.com (the "Service") through our website, accessible at Cluise (the "Site"), and our Application for mobile devices (the "Application").
"Content" means text, graphics, images information or other materials, including the infrastructure used to provide such Content. "Member" means a person that completes our account registration process. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Application or Service.
The Application and Service are intended solely for persons who reached the age of 13 or older. By accessing or using Application or Service you represent and warrant that you reached the age of 13 or older and have legal capacity to be bound by these Terms and provisions therein.
By accessing or using the Application or Service, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. Cluise reserves the right, at its sole discretion, to modify, discontinue or terminate Application or Service or to modify these Terms, at any time and without prior notice. Your continued use of Application or Service following the posting of changes to these Terms will constitute your consent to all such changes.
Third party Websites
You may register with Cluise through your account with certain third party social networking Services (“third party website”), including Facebook and Twitter. By creating an Account via your account on third party website, you are allowing Cluise to access your third party website account information and you are agreeing to abide by the applicable terms and conditions of your third party website service in your use of the Service via third party website. Members have the option to disable the connection between their Cluise Account and third party website account at any time by accessing the third party website account and disconnecting access to the Service. You agree that Cluise bears no responsibility or liability for any content accessed or harm caused from any third party website.
Your Account and Privacy
Payment processing services
Payment processing services for user on Cluise are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Cluise, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cluise enabling payment processing services through Stripe, you agree to provide Cluise accurate and complete information about you and your business, and you authorize Cluise to share it and transaction information related to your use of the payment processing services provided by Stripe.
Your License to use Application and Service
Cluise grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use Cluise Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Cluise reserves all rights in the Application not expressly granted to you by these Terms. Subject to your compliance with these Terms, Cluise grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Application and Service except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cluise or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content and Restrictions on Use
You are solely responsible for all Member Content that you make available through Application and Service. You represent and warrant that you are the sole owner of all Member Content that you make available through Application and Service or you have all rights necessary to grant to Cluise the rights in and to such Member Content, as contemplated under these Terms. If you do post, publish, submit or transmit a Content through the Application or Service you grant us a worldwide, non-exclusive, royalty-free, perpetual, revocable and sub-licensable right to use, host, copy, reproduce, process, adapt, modify, publish, distribute, display, transmit such Content in any and all media or distribution methods in connection with the Service. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cluise use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to do any of the following, either directly or indirectly: Post, upload, publish, submit, provide access to or transmit any Content that: infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, is libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy, or otherwise religious or political in nature, i.e. Your posts must not include things that are illegal, violent, contain nudity or porn, or that is considered inappropriate for the most of the public. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, Service or other intellectual property obtained from or through this Application, without our express written consent. Attempt to access, monitor, search, copy, download or scrape Application for any purpose, through the use of any engine, software, tool, agent, device or mechanism without our express written permission. Use Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Application or Site Content. Violate any applicable law or regulation or encourage or enable any other individual to do any of the foregoing.
Proposal Invest LTD corp. reserves the right, but has no obligations, to monitor the Content you post on Cluise. We reserve the right to remove such Content for any reason or no reason including without limitation if in our sole opinion, due to the complaints of other Cluise Member or upon the request of any third party, such information or material violates, or may violate, any applicable law or these Terms, or to protect or defend our rights or property or those of any third party.
Your Access from the Apple iTunes Store
The following applies to any Application accessed through or downloaded from the Apple iTunes Store ("iTunes Sourced App"): You acknowledge and agree that: These Terms are concluded between you and Cluise only, and not Apple, and Cluise, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
Application, Service and Site Content are provided on "as is" basis, without warranty of any kind, either express or implied. Cluise explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Cluise disclaims all responsibility and liability for availability, timeliness, security or reliability of the Application and Service.
You agree to defend, indemnify, and hold Cluise, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: Your access to or use of Application, Service or Site Content, Your Member Content or Your violation of these Terms.
In no event will Cluise aggregate liability arising out of or in connection with these Terms or from the use of or inability to use Application, Service or Site Content will exceed one hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cluise and you.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Cluise and you regarding Application, Service and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cluise and you regarding Application, Service and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Cluise prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cluise may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Your suggestions and feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Application and Service. If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at firstname.lastname@example.org.