PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR THE CLOUTBOOST WEBSITE, APP OR SERVICES.

This is the Terms of Service that governs your use of Cloutboost’s website, applications, and data. Cloutboost is operated by Cloutboost LLC, located at 2100 N Greenville Ave, Richardson, TX 75082, USA (“Cloutboost,” “we,” “us,” or “our”). If you do not agree with these terms, please stop using Cloutboost’s app (“Cloutboost Application”) and refrain from using our data.

1. General Terms

Cloutboost does not provide any guarantee or warranty of the accuracy of any data. By using the Cloutboost Application, you are certifying that you are over 13 years of age and have your legal guardian’s permission.

The data Cloutboost provides is public information. It is gathered by Cloutboost’s proprietary software from 3rd party sources. The data is then collated, organized, manipulated, and displayed in unique ways by Cloutboost. This makes the data proprietary.

2. Data Rights

Unless otherwise indicated, the Cloutboost Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Cloutboost Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Cloutboost Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Cloutboost Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Mass copying data from the Cloutboost Application (including botting, crawling, scraping, etc.) is not allowed and may result in you being blocked from the Cloutboost Application and data.

All the data on our website is gathered from public sources, and Cloutboost will continue to display said data. We do not display private data.

3. Data Sources

In order to keep statistical data updated, Cloutboost utilizes API services of third parties including but not limited to Facebook, Instagram, Twitch, Twitter, Daily Motion, and YouTube. Unless specific access is asked for at time of use (i.e. to validate your identity), we are only gathering publicly available data from each of the API services.

Cloutboost uses YouTube API Services as an online resource to which our app may reference (“Third-Party Services”). By using the features of our app that utilize the YouTube API Services, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and the YouTube API Services Terms of Service. Your information is handled in accordance with the Google Privacy Policy(https://policies.google.com/privacy). We encourage you to carefully review the policies of any Third-Party Services you access. You may revoke our application’s access to your Google and YouTube data at any time via the Google security settings page at https://security.google.com/settings/security/permissions.

4. Third-Party Websites and Content

The Cloutboost Application may contain (or you may be sent via the Cloutboost Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party, and we take no responsibility in relation to such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services or from any contact with Third-Party Websites.

5. Prohibited Activities

You may not access or use the Cloutboost Application for any purpose other than that for which we make the Cloutboost Application available. The Cloutboost Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Cloutboost Application, you agree not to:

• Systematically retrieve data or other content from the Cloutboost Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Cloutboost Application.
• Use any information obtained from the Cloutboost Application in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Cloutboost Application in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Cloutboost Application.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Cloutboost Application or that modifies, impairs, disrupts, alters, or interferes with its use, features, functions, operation, or maintenance.
• Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Cloutboost Application or the networks or services connected to it.
• Attempt to bypass any measures of the Cloutboost Application designed to prevent or restrict access.
• Copy or adapt the Cloutboost Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Make any unauthorized use of the Cloutboost Application, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Cloutboost Application as part of any effort to compete with us or otherwise for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.

6. Privacy Policy

We comply with the General Data Protection Regulation EU 2016/679 (GDPR) and the California Consumer Privacy Act (CCPA). Please review our Privacy Policy to learn more about how we collect, use, and protect your information.

7. Disclaimer of Warranties

THE CLOUTBOOST APPLICATION AND ALL CONTENT AND DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE DATA IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT, OR THAT THE CLOUTBOOST APPLICATION WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOUR USE OF THE CLOUTBOOST APPLICATION AND ANY DATA IS AT YOUR OWN RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUTBOOST OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE CLOUTBOOST APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLOUTBOOST APPLICATION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Governing Law

These Terms of Service and your use of the Cloutboost Application are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

10. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Dallas, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Cloutboost Application be commenced more than one (1) year after the cause of action arose.

11. Changes to these Terms of Service

We may update Our Terms of Service from time to time. We will notify You of any changes by posting the new Terms of Service on this page. We will let You know via email and/or a prominent notice on Our Service prior to the change becoming effective and update the “Last updated” date at the top of these Terms of Service. You are advised to review these Terms of Service periodically for any changes. Changes are effective when they are posted on this page.

12. Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By email: julia@cloutboost.com
• Our office: 2100 N Greenville Ave, Richardson, TX 75082, USA

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