This is a family Web Site devoted to restoring lost relationships and building new ones; and to honoring and preserving our heritage through family histories, genealogies, documents, stories, pictures and other means.
By using this Web Site, you agree to abide by the Golden Rule and:
- To only contribute that which is appropriate for people of all ages, including children.
- To only contribute that which is productive – and not anything malicious, offensive or profane or that will cause harm to anyone.
- To use this Web Site for its intended purpose and not for any inappropriate purpose.
- To treat everyone associated with this Web Site, visitors and personnel alike, with respect and to exercise restraint and decorum in any interaction you may have through this Web Site.
Carefully read the Terms of Service below before accessing or using this web site.
The following terms and conditions govern all use of this Web Site and all content, services and products available at or through this Web Site. This Web Site is owned and operated by the Cloud Family Association. This Web Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the “Agreement”).
By accessing or using any part of this Web Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access this Web Site or use any services. If these terms and conditions are considered an offer by this Web Site, acceptance is expressly limited to these terms. This Web Site is available only to individuals who are at least 13 years old.
If you post material to this Web Site, post links on this Web Site, or otherwise make (or allow any third party to make) material available by means of this Web Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether we have requested you to do so or not.
By submitting Content to this Web Site, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of this Web Site to any individual or entity for any reason, in our sole discretion. This Web Site will have no obligation to provide a refund of any amounts previously paid.
The operators of this site have not reviewed, and cannot review, all of the material, including computer software, posted to this Web Site, and cannot therefore be responsible for that material’s content, use or effects. By operating this Web Site, the operators do not represent or imply that they endorse the material there posted, or that they believe such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. This Web Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. This Web Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. This Web Site disclaims any responsibility for any harm resulting from the use by visitors of this Web Site, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, to which this Web Site links, or that link to it. This Web Site does not have any control over those web sites and web pages, and is not responsible for their contents or their use. Links on this Web Site to any other web site or web page does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful, destructive or offensive content. This Web Site disclaims any responsibility for any harm resulting from your use of other web sites and web pages.
As this Web Site asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Web Site violates your copyright, you are encouraged to notify this Web Site in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. This Web Site will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. This Web Site will terminate a visitor’s access to and use of this Web Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of this Web Site or others. In the case of such termination, this Web Site will have no obligation to provide a refund of any amounts previously paid to this Web Site.
This Web Site reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to this Web Site following the posting of any changes to this Agreement constitutes acceptance of those changes. This Web Site may also, in the future, offer new services and/or features through this Web Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This Web Site may terminate your access to all or any part of this Web Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using this Web Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Web Site is provided “as is”. This Web Site and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither this Web Site nor its suppliers and licensors, makes any warranty that this Web Site will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, this Web Site at your own discretion and risk.
In no event will this Web Site, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to this Web Site under this agreement during the twelve (12) month period prior to the cause of action. This Web Site shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of this Web Site will be in strict accordance with the this Web Site’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of this Web Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless this Web Site, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Web Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between this Web Site and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of this Web Site, or by the posting by this Web Site of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of this Web Site will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; this Web Site may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(This TOS contains selected content from other web sites available under a Creative Commons Sharealike license.
