We define "we", "us", "company", and "our" to reference the company ("CactiveNetwork"), and its subsidiaries ("CactiveCloud", "CactiveConnections"), affiliates, and CactiveNetwork's respective officers, directors, employees, agents, and legal representatives.
We define "account" to reference your CactiveConnections account (dashboard.cactive.network).
We define "services", and "tools" to refer to the services, provided to you by CactiveNetwork.
We define "you", "your", and "customer" to reference the customer of CactiveNetwork and its subsidiaries ("CactiveConnections"), its tools, and services.
We provide services to you, the user of the CactiveNetwork, in accordance with the terms of this Agreement.
This Agreement is effective as of the date you first use any CactiveNetwork services.
We reserve the right to change, modify, or otherwise alter this Agreement at any time.
We are not liable for any damages, claims, or liabilities that may arise from your use of CactiveCloud.
We may terminate your account and revoke any services from from you at any time, for any reason, including but not limited to, if you breach this Agreement.
We are not obligated to provide any refunds, credits, or compensation for any services provided to you in any case, unless required by law.
You must not use CactiveCloud for the use of creation, distribution, affiliation or aggregation of illegal or illicit content, or with the intent to do so. Furthermore, CactiveCloud may not be used in the creation, distribution and affiliation with any weapon, specifically including nuclear arms, weapons and devices, in potential contrast with our own physical internal devices.
You must not use CactiveCloud to send, receive, store, or otherwise transfer any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
All content uploaded to the CactiveCloud content delivery network must be owned by you, or you must have explicit permission from the owner of the content.
You agree to indemnify, defend, and hold harmless CactiveNetwork, its subsidiaries, affiliates, and its CactiveNetwork's respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, and liabilities, including attorneys' fees, arising out of or in any way related to your use of the CactiveNetwork, your breach of this Agreement, or your violation of any law or the rights of a third party.
This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.
You still own the rights to your content, and you are responsible for all of your content. However, by uploading to CactiveNetwork's ultra-fast content delivery network, you grant CactiveNetwork a worldwide, non-exclusive, royalty-free, transferable, perpetual license to use, modify, and distribute your content.
You must respect intellectual property that may be provided to you by CactiveNetwork, or by third parties. You must not upload, post, or otherwise make available any content that infringes or violates the intellectual property rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, or other proprietary rights.
We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CACTIVENETWORK, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS. This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places such as the European Union that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.