1. DESCRIPTION OF THE WEBSITE
is an innovative and original free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 1 GB and 300 minutes for bandwidth cost control reasons. You should have in mind that the Website is not designed to back up video data and you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.
2. YOUR INTELLECTUAL PROPERTY RIGHTS
If you have registered and have a Cloudy.ec account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (“Your Content”), does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content - are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.
3. OTHER USERS’ INTELLECTUAL PROPERTY RIGHTS
Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users’ content solely:
"Streaming" means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
4. OUR INTELLECTUAL PROPERTY RIGHTS
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Cloudy.ec Content”), is the exclusive property of Cloudy.ec and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Cloudy.ec Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Cloudy.ec or Cloudy.ec's licensors. You agree to not use or exploit the Cloudy.ec Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Cloudy.ec Content. All rights not expressly granted in the Terms are reserved to Cloudy.ec and its licensors.
5. OUR LIABILITY AS HOST
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host are:
- to fight against the prohibited content;
- to treat your connection data according to laws and regulations relating to Personal Data, and
- to remove all clearly illegal content which has been effectively brought to our attention.
6. YOUR LIABILITY AS USER
As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website:
By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in the present terms and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific sanctions applicable to the content in question, in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content.
7. REGISTRATION AND ACCESS
In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal data you provide on the form at any time. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.
8. AVAILABILITY OF THE WEBSITE
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.
9. PROOF, RETENTION AND STORAGE
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.
Cloudy.ec does not accept shocking or objectionable content. The following are completely prohibited:
In cases of flagrant violation of these terms, we may report the content and its uploader to the relevant authorities.
COPYRIGHT AND PERSONALITY OR LIKENESS RIGHTS:
All works whatsoever (articles, books, songs, movies, videos!) can only be reproduced with the permission of its creator, the author: this is the base of copyright. A work belongs to its author or rights owner, and he or she alone can consent to any reuse or reproduction. Likewise, individuals have a right to control images of their own likeness, and you cannot film people and distribute the video without their consent.
When you want to upload a video Cloudy.ec, you must, in accordance with our TOS, make sure you have permission of any other authors implied in its production (director, screenwriter, musician, etc .).
Cloudy.ec invites all users to participate by posting videos or commenting on videos posted by others. However, we do not tolerate videos or comments that incite hatred, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability, sexual orientation or any other discriminative .
You should respect the other members of the community: we won’t permit any threats, insults, persecution, harassment, or disclosure of personal information of other users. If we receive reports of such behavior, the users’ accounts will be suspended immediately.
To keep the site clean and easy to use, please do not create titles, descriptions or tags unrelated to the content of your video in order to increase the number of views or otherwise advertise to other users. Similarly, comments that violate the rules mentioned above will be removed.
Cloudy.ec has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:
- child pornography;
To this end, you may send a detailed email to our PROIBITED CONTENT DEPARTMENT, specifying the date, your name, the URL address of the content in question, a description of the content in question, and the username of the person who uploaded it. The email must be sent via the contact web form. . Upon receipt by Cloudy.ec of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally appropriate authorities may be notified.
2. DATA COLLECTED
We collect and subsequently process (i) the Data that you voluntarily provide on the registration form on the Website including your user ID, a valid email address, and your date of birth and (ii) your IP address (the address of your computer) by an automatic collecting process.
Please note that whether or not you are a registered user, the Website may implement or allow third-party companies to implement automatic tracking processes (cookie or web beacon), which you may block by changing your browser settings. The Data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected through these automatic tracking processes are anonymous and are used in order to improve the Website’s quality (as for examples the improvement of your search results and of the advertising selection provided to you).
3. PURPOSE OF PROCESSING
Data indicated on the Website as mandatory is required in order to use the Website’s features (video uploads, comments, etc). Data automatically collected by the Website allows us to compile statistics on web page visits. Your Data is collected and maintained in COUNTRY. This collection and maintenance is done according to the laws of COUNTRY that apply to this matter.
4. DATA RECIPIENTS
With exception for your non-personally identifiable information as stated in section 2, your Data is not transmitted to third parties. However, Cloudy.ec may release Data if the law requires it to do so or in the good-faith belief that such action is necessary to comply with state and applicable laws or respond to a court order, subpoena, or search warrant or to protect Cloudy.ec’s rights and interests.
5. DATA SECURITY
Cloudy.ec takes all appropriate steps to limit the risk that it may be lost, damaged or misused.
6. DATA RETENTION
Data is stored on the premises of the Website host and is kept only as long as necessary for the purposes set out above. After that point, data is kept only for statistical purposes and shall not be used for any other reason.
7. YOUTH RESTRICTIONS AND PARENTAL CONTROL
Children under the age of 13 are not permitted to register with Cloudy.ec. It is Cloudy.ec's policy not to collect any information from anyone under the age of 13.
In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Cloudy.ec website at any time or in any manner.
If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Cloudy.ec, please notify us by sending an e-mail to via the contact web form. for instructions on how to cancel your child's registration. In the e-mail, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. Cloudy.ec will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
Some practical advice for young people: if you are under 18, and you regularly use Cloudy.ec, we ask you to carefully read the following information and advice.
-First, tell your parents if you create an account on Cloudy.ec. It is important to have their agreement, and to explain to them how you plan on using the site (to send or share videos, create groups, etc.)
-Don't hesitate to send us any content or shocking behavior by using the "Report" button beneath each video, or using the available form. You can also contact the Support team at any time by using the contact form, accessed via the footer.
Our Support team, available 24/24 through the contact form, treats all reported content quickly, and we also work closely with the relevant authorities. Cloudy.ec cooperates with bodies of child protection mentioned above, all of which have a dedicated space on the site.
Finally, keep in mind that as a parent, you can - if you deem it necessary - request that your child's account be closed by contacting our support team.