The following Definitions are used across all documents, and consolidated for ease of reference.
Last updated: 12-05-2020
1.1 These Terms apply to your use of Cloud Island. By accessing and using Cloud Island:
1.2 If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
1.3 If you agree to these Terms, then we grant you a non-exclusive, non-transferrable, worldwide licence to access and use the Service, in accordance with these Terms and the plan you have subscribed for.
1.4 In the event that any other document conflicts with these Terms, these Terms will prevail.
2.1 In the event of any changes to these Terms, we will notify you via the email address that you have provided no less than 30 days before any changes are to come into force, and we invite you to submit any concerns to firstname.lastname@example.org.
By continuing to access and use Cloud Island after the updated Terms have come into force, you agree to be bound by the changed Terms.
2.2 If you do not wish to continue to use the Service under the updated Terms, we will then (but not otherwise) refund the unexpired portion of your subscription payment within 30 days to the extent we are able, and close your account.
2.3 We may change, suspend, discontinue, or restrict access to the Service without notice or liability.
In addition to the broader Definitions, the following definitions are included in these Terms:
4.1 You must provide true, current and complete information in your dealings with us (including when setting up your Account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 By signing up for an account, you agree to:
While you may choose to allow others to access your Account, you remain responsible for ensuring that use of your Account meets these Terms.
4.3 You must:
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Service by using your Account.
4.5 You agree to abide by and uphold the terms of the Code of Conduct, and agree to familiarise yourself with the Code of Conduct and any changes that may be notified to you from time to time.
We may change the terms of the Code of Conduct at any time, and any change takes effect immediately. We will notify you of these changes via the email address that you have provided.
By continuing to access and use Cloud Island, you agree to be bound by the changed Code of Conduct.
4.6 You agree to pay the fees you have agreed to with your subscription plan, which will be charged to you via Patreon, or other services that we may employ in the future.
5.1 The Service is based on the free and open source software platform Mastodon, and we have licensed the Software under their terms.
As a user of the Service, these terms entitle you to a complete copy of the Mastodon software, including any changes that We have made, and you may access that copy here.
5.2 We own any other proprietary and intellectual property rights in the Service (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
5.3 You agree to grant Us:
5.4 You warrant that:
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
6.2 We make no representation or warranty that the Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD$100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Service, or your access and use of (or inability to access or use) the Service, must not exceed NZD$100.
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Service (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Service and must not attempt to gain further access.
9.3 If your Account is terminated for breach of the Code of Conduct, you will not be eligible for a refund of any remaining subscription, or access to any backups your Content.
10.1 Unless otherwise required by New Zealand law, or another offer we choose to make, all purchases are final and non-refundable.
10.2 If you believe we have charged you in error, you must contact us within 90 days of any such charge. No refunds will be given for any charges more than 90 days old.
10.3 We reserve the right to issue refunds or credits at our sole discretion.
11.1 If we need to contact you, we will do so via the email provided when you registered an account with the Service. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Service.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 4.5, 5, 6, 7, 10.1, continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
A paid, early access, strongly moderated Mastodon instance hosted entirely in New Zealand.