Definitions

The following Definitions are used across all documents, and consolidated for ease of reference.

• including and similar words do not imply any limit,
• personal information means information about an identifiable, living person,
• We, our, us and so on is defined as Eiara Limited (an Aotearoa New Zealand company, NZBN 9429041686089), the operators of the Cloud Island social network at https://cloudisland.nz.
• Service and Services is defined as the Cloud Island social network at https://cloudisland.nz.
• You and your is defined as a registered user of the Service.
• Mastodon is defined as the open source, free software project described at https://github.com/tootsuite/mastodon.
• instance is defined as another Mastodon (or other compatible software) website that is not owned, operated or in any way influenced by Eiara Limited.
• Fediverse is defined as the world-wide social network created by the shared communication between Mastodon and other compatible instances.
• Metadata means the social networking connections, usage, and any other non-content data generated through normal usage and operation of the Service.
• Explicit opt-in consent is defined as the requirement of you to perform a specific action that notifies Eiara Limited of your consent to a proposed change to the service. Your choice to not perform that action will be taken as a denial (or revocation, if applicable) of consent to that change.
• Stored means written to permanent storage, such as a hard drive or cloud storage.
• Media means any and all images, videos, audio, and any other non-text content that you upload to the Service, or are downloaded from other Instances through normal operation of the Service.
• Toots means any text posts that you upload to the Service, or are downloaded from other instances through normal operation of the Service.
• Content means the toots , private messages, interactions with other users’ content, and any media that you upload to the Service.

CLOUD ISLAND TERMS OF USE

Version: 1.0

Last updated: 12-05-2020

1. APPLICATION OF TERMS

1.1 These Terms apply to your use of Cloud Island. By accessing and using Cloud Island:

1. you agree to these Terms; and
2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms; and
3. you warrant that you are aged 18 years, or older.

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 CHANGES

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 terms@cloudisland.nz.

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.

3 Definitions

In addition to the broader Definitions, the following definitions are included in these Terms:

• loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis,
• Terms means these terms and conditions titled Cloud Island Terms of Use,
• Underlying System means any network, system, software, data or material that underlies or is connected to Cloud Island,
• Account means the unique username and password that you create when you register for Cloud Island,
• Cloud Island means https://cloudisland.nz,
• Service means the Cloud Island social networking service and Underlying System,
• You means you, a subscribed user of or, if clause 1.1b applies, both you and the other person on whose behalf you are acting,

4 YOUR OBLIGATIONS

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:

1. keep your password secure, and
2. immediately notify us if you become aware of any disclosure or unauthorised use of your Account, by sending an email to security@cloudisland.nz.

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:

1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Service, or otherwise attempt to damage or interfere with the Service, and
2. unless with our agreement, access the Service via standard web browsers, supported Mastodon mobile applications, and any API integrations that do not violate clause 4.3.1, and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or other monitoring methods.

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 INTELLECTUAL PROPERTY

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:

1. A non-exclusive, non-revocable, royalty-free, world-wide licence to store, back up, copy, transmit, distribute, communicate, modify, or otherwise make available any Content that you upload to the Service, solely for the purposes of providing the Service.
2. A non-exclusive, non-revocable, royalty-free, world-wide licence to transmit your Content to any other instance in the fediverse, as per normal operation of the Service, as bound under the receiving instances’ Terms of Use and Privacy Policy, as detailed in our Privacy Policy.

5.4 You warrant that:

1. All Content you upload to the Service is legal according to New Zealand law,
2. All Content you upload to the Service is acceptable under the Code of Conduct, and
3. All Content and Media you upload does not infringe on any third party’s intellectual property rights, including music, videos, books or software.

6 DISCLAIMERS

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:

1. the Service being unavailable (in whole or in part) or performing slowly;
2. any error in, or omission from, any information made available through the Service;
3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Service protects you from this; and
4. any site linked from the Service. As the Service is a social network, any links from the Service are user-generated content, and do not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

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 LIABILITY

7.1 To the maximum extent permitted by law:

1. you access and use the Service at your own risk, and
2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Service, or your access and use of (or inability to access or use) the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

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.

8 PRIVACY POLICY

The complete Privacy Policy may be viewed here.

9 SUSPENSION AND TERMINATION

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 Refunds

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 GENERAL

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.