TRUTHHUB™ TERMS OF USE
Update September 1, 2023
CloutHub Inc. and Worldwide Tech Connections LLC (collectively, “us”, “we” or “CloutHub®”) welcomes you to use our website https://meetings.clouthub.com and software applications (collectively, with the “TruthHUB™ Software” as defined in the TruthHUB™ End User Licence Agreement, the “Platform”). Please read the following Platform terms of use (“Terms”) before using the Platform and/or Services (as defined below). By accessing and using the Platform, the user (“User” or “You”) and their invitee participants agree to be bound by all the Terms set forth herein. If you do not agree with these Terms, then you understand and agree that you are expressly prohibited from accessing or using the Platform and your sole recourse is to leave the Platform immediately. A copy of these Terms may be downloaded, saved and printed for your reference.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time may be incorporated into these Terms by reference.
Unless you are using the Platform and/or Services under the supervision of your parent or legal guardian, you must be at least 16 years old to use the Platform and/or Services. 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 and have the authority to bind such entity to these Terms.
Ownership and Restrictions on Use
Services
The Platform is owned and operated by CloutHub®, and is an online based audio-visual communications platform that provides customizable, real-time translation services to Users and their invitee participants (“Services”). Intellectual Property Rights Any and all content, data, graphics, photographs, images, audio, video, software, code, systems, processes, trademarks, trade dress, service marks, trade names and other information including, without limitation, the “look and feel” of the Platform (collectively, the “Platform Content”) contained in this Platform and/or Services are proprietary to CloutHub®, its affiliates and/or third-party licensors, as applicable. The Platform Content is protected by United States and international copyright and trademark laws. Except as set forth herein and in the TruthHUB™ End User Licence Agreement, you may not modify, copy, reproduce, publish, post, transmit, reverse-engineer, distribute, display, perform, create derivative works from, transfer or sell any Platform Content without the express prior written consent of CloutHub®. Without limitation, CloutHub® reserves all rights and recourse available to it at law to enforce its intellectual property and all other forms of proprietary rights against Users, individuals or any infringing party.User Registration
You are required to register with the Platform in order to make your User Account. When you make your User Account, you agree to keep your password confidential and that you are solely responsible for the security of your account, and all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is an impersonation of another person or entity and is intended to deceive or contains a misleading professional title or language prohibited by these Terms or if the name depicts or incites an illegal act or action. If you believe a User is impersonating you or your entity/organization, please contact support@CloutHub.com. User Representations By using or accessing the Platform and/or Services, you represent and warrant that:- You have the legal capacity and agree to comply with these Terms of Use;
- You are not under the age of 16;
- You will not access the Platform and/or Services through automated or non-human means (e.g. a bot, script or otherwise);
- You will share your User Account or provide access to your User Account with any other individual;
- You will not use the Platform and/or Services in any manner that is illegal or for an unauthorized purpose;
- Your use of the Platform and/or Services will not violate any applicable law, human rights or regulation, including but not limited to federal and state laws.
User Content
Any communications, content, data, messages, translations, transcriptions, messages, documents, files, recordings, visual displays or other materials that you generate or provide in connection with the Platform and/or Services constitutes “User Content”. You are the sole owner of any User Content generated by you or your invitee participants on the Platform and/or via the Services. CloutHub® does not monitor or control the User Content generated on the Platform and/or via the Services and we cannot take responsibility for any such User Content. Any use or reliance on any User Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content generated on the Platform and/or via the Services or endorse any opinions expressed by any User on the Platform or via the Services. You understand that by using the Platform and/or Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility of the User who originated such. By accessing and/or using the Platform and/or Services, all Users understand and agree that CloutHub® is not responsible whatsoever, at both equity and law, for any User Content, including but not limited to User Content which may be considered inaccurate, false, offensive, infringing, inappropriate, libelous, slanderous or unlawful in any manner. CloutHub® promotes the principles of open and honest debate and freedom of speech within the limitations recognized by law. We do not expect all Users to agree, and even expect that at time Users may offend one another. However, we reserve the right to remove any User Content that violates these Terms at our sole discretion at any time for any reason, including but not limited to violations or misappropriations of copyright or trademark or other intellectual property rights, impersonation, fraud, libel, slander, unlawful conduct, harassment or any other User Content that violates our User Code of Conduct. User Content may be viewable by other Users on the Platform and/or Services or through third-party websites. Accordingly, any User Content you create or generate on the Platform and/or via the Services will be treated as non-confidential and can be shared or reposted by other Users on the Platform as well as other platforms, websites and services. As such, when you create or contribute User Content you represent and warrant that the User Content:- Is not deliberately false, inaccurate or misleading;
- Does not constitute unsolicited or unauthorized advertising or promotional materials;
- Does not violate any applicable laws or regulations;
- Does not violate the privacy or publicity rights of any third-party;
- Does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- Does not violate and federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- Does not violate any provision of these Terms of Use or any applicable law or regulation.
Third-Party Advertisements & Linking
It is our goal to provide increased value to visitors to our Platform. Therefore, our Platform might offer you advertisements and/or links to other sites on the Internet that are owned and operated by third-parties and therefore not affiliated with us. Please understand that such linked advertisements and/or websites are independent from CloutHub® and that CloutHub® has no control over the content of such websites or the quality of any products and/or services that such third-parties may advertise or offer for sale. Consequently, CloutHub® cannot be held liable and makes no warranty or representation whatsoever for any transaction, dispute or complaint arising from or in connection with such third-party advertisements and/or links, products and/or services including, without limitation, the accuracy, timeliness and/or completeness of information in respect of whether any products and/or services correspond to the description provided by the third-parties, or whether the quality, merchantability or fitness of any products and/or services offered by third-parties corresponds with their products and/or services as advertised. However, to assist us in vetting the third-party advertisers and websites featured on the Platform, Users may inform us of any issues or concerns that they have with such third-parties by sending us an email at support@CloutHub.com. CloutHub® expressly reserves the right to take any action, or decline to take action, as it sees fit at its sole and exclusive discretion. The links which we might place on our Platform and/or Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.User Code of Conduct
As a condition of your continued access to and use of our Platform and/or Services, you agree to abide by all applicable federal, state, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:- use the Platform and/or Services in any manner that is inconsistent with any applicable laws or regulations;
- communicate, upload, post, comment or otherwise transmit any User Content or material that:
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and/or
- otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.
- use the Platform and/or Services to harass, intimidate or threaten any other Users or any of our employees or agents engaged in providing the Platform and Services to you;
- “dox” Users on the Platform and/or Services (e.g. public posting of information about another User that is not part of their public profile on the Platform, including but not limited to their full name, address, sensitive personal information, familial information, phone number and employer, both on or off the Platform);
- engage in prohibited behaviour, including:
- uttering threats or incitement of physical violence towards a User or their family;
- “mobbing” in which a User or their family’s employer, advertisers or livelihood is threatened;
- repeated advances of a sexual nature after a User has expressed their preference not to be approached in such manner;
- posting or exchange of pornographic content or material of any kind;
- participating in illegal activities;
- plotting or promotion of violence or damage to property;
- planning, promoting or engaging in acts or terrorism or violence of any kind
- engage in any behaviour that interferes with any other User’s uninterrupted enjoyment and use of the Platform and/or Services, including but limited to behaviour such as spamming;
- harvest or otherwise collect or store any information (including personally identifiable information) about other Users of the Platform and/or Services, including but not limited to e-mail addresses, without the express consent of such Users;
- systematically retrieve data or other content from the Platform and/or Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform and/or Services;
- trick, mislead or defraud us or other Users, including but not limited to the purposes of attempting to learn sensitive account of User Account information such as User passwords;
- submit false reports of abuse or misconduct;
- sell or transfer your User Account;
- attempt to circumvent, disable or otherwise interfere with security-related features of the Platform and/or Services or gain unauthorized access to the Platform and/or Services, other computer systems or networks connected to the Platform and/or Services, through password mining or any other means;
- interfere with or disrupt networks or servers connected to the Platform and/or Services or violate the regulations, policies or procedures of such networks;
- copy or adapt the Platform and/or Services software;
- use, download or otherwise copy, or provide to any person or entity any Platform and/or Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Platform and/or Services; and
- in any other way violate applicable state or federal laws.
Platform Management
CloutHub® reserves the right in their sole discretion, but not the obligation to:- Monitor the Platform and/or Services for violations of these Terms;
- Take appropriate legal action against anyone, who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any User Account and/or User Content or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Platform and/or Services or otherwise disable all files and content, including but not limited to User Content, that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Platform and/or Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform and/or Services.
Trademarks
TruthHUB™ (USPTO Serial No. 98117429) and CloutHub® (USPTO Reg. No. 5776273) are trademarks owned by CloutHub®. All other trademarks and/or trade dress appearing on the Platform are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.Third-Party Proprietary Rights
You agree not to use the Platform and/or Services in any manner that infringes the proprietary rights of any third-party, including but not limited to communicating, displaying, posting, transmitting, modifying or reproducing any material that infringes the copyrights, trademark rights, patent rights or confidential/proprietary information rights of any third-party. By using the Platform and/or Services, Users represent and warrant that they are either the author or the owner of all User Content they generate.Copyright Complaints
At CloutHub®, we respect the intellectual property rights of others. CloutHub® has registered an agent (“Designated Copyright Agent”) with the United States Copyright Office pursuant to the terms of the United State’s Digital Millenium Copyright Act (DMCA) and benefits from the protections it provides, including the “safe harbour” provisions. Designated Copyright Agent: Richard Chapo Attn: Copyright Agent PO Box 373 Pine Valley, CA 91962 complaint@dmcaagentservice.com Copyright Complaints -Our Notice and Takedown Procedure We reserve the right at our sole discretion to remove any User Content that allegedly infringes the copyright of any individual or entity and follow the notice-and-takedown (“Notice”) procedures set out in section 512(c) of the DMCA. Please be advised that under federal law, you may be held liable for damages if you make material misrepresentations in a Notice. If you believe in good faith that your copyright protected work has been reproduced or copied in manner that infringes copyright, we require that either you (the copyright owner) or your authorized representative provide us/our Designated Copyright Agent with a written notice including the following:- The copyright owner’s name, address, telephone number and email address;
- A description of the copyright protected work that is alleged to be infringed;
- A description of where on the Platform the infringing work can found in a manner sufficient for us to locate it (for example, the URL of where the infringing work is posted);
- A statement that you have a good faith belief that the use or reproduction of the copyright protected work was not authorized by you, or your authorized representative and that it is not permitted by the law nor considered a fair use exception to copyright infringement;
- A statement by you under penalty of perjury that the information you are providing in your notice is accurate and that you are the copyright owner or otherwise authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
- Your name, address, telephone number and email address;
- A description of the material that was removed and the location on the Platform where it previously appeared (for example, the URL of where the allegedly infringing work was posted);
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of a mistake or misidentification as being infringing in nature;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you address is located outside of the United States, wherever you can be served, and that you will accept service of process from the person who filed the original Notice or an authorized representative of that person; and
- Your electronic or physical signature.