Terms and Conditions
When you register with CIELO, we understand that you are choosing to place your mental health in our hands. We take that responsibility seriously. It therefore matters how you access our services and how we handle your information. We’d like to take this opportunity to explain what we are setting out to deliver as a company and what you can reasonably expect from us. Please take a few moments to read our terms and conditions.
Table of Contents
- 1. WHAT YOU’RE SIGNING UP FOR
- 2. JOINING THE CIELO COMMUNITY
- 3. CANCELING MEMBERSHIP
- 4. PROHIBITED USE OF THE PRODUCTS AND SERVICES
- 5. MATTERS OF OWNERSHIP
- 6. AVAILABILITY OF PRODUCTS AND SERVICES
- 7. USER MATERIAL
- 8. THIRD PARTY TERMS AND LINKS
- 9. ASSUMPTION OF RISK
- 10. WARRANTIES AND DISCLAIMERS
- 11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
- 12. ELECTRONIC COMMUNICATIONS CONSENT
- 13. INTERNATIONAL USE
- 14. DISPUTE RESOLUTION & BINDING ARBITRATION
- 15. GENERAL
Effective: August 1, 2024.
If you are visually impaired, have another disability or seek support in other languages, you may access these Terms by emailing us at support@Cielo.help.
Intellitech Solutions - FZCO and its subsidiaries and affiliates (“CIELO,” “us” or “we”) provides content and products via: www.сielomeditation.com (the “Website”), our applications (the “Apps”), or other delivery methods (the Website, the Apps and such content and products are collectively the “Product”). CIELO is not a provider of healthcare or mental health services.
These Terms & Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device which is used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Products or Services.
Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Information about our privacy practices can be found in our Privacy Policy (“Privacy Policy”). You acknowledge that your use of the Products and Services is also subject to our Privacy Policy. You further acknowledge that your use of the Products and Services may require the collection of your health information. This health information may be considered sensitive under your local laws.
YOU AGREE THAT THE PRODUCTS AND SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UAE AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE LOCATED OUTSIDE OF THE UAE, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.
YOU AND CIELO AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. WHAT YOU’RE SIGNING UP FOR
1.1 PRODUCTS AND SERVICESProducts include, without limitation, meditation and mindfulness content for stress, sleep, focus and movement.
1.2 GENERAL RULES FOR USE OR ACCESS(a) When you order (“Order”) any Products or Services, or otherwise use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments (“Applicable Law”). You may also be asked to click “I agree” prior to your purchase or access to the Products and Services. If you do not click “I agree”, you may not be able to complete your purchase or access the Products or Services. If you do not agree to these Terms, please do not use the Products or Services.
(b) These Terms and the applicable Order set out the whole agreement between you and us for the supply of the Products and Services unless expressly stated otherwise. For instance, in order to use or access certain Products or Services or other special offerings, you may be required to agree to additional terms and conditions or policies; those additional terms or policies are hereby incorporated into these Terms. Where such terms or policies are inconsistent with these Terms, the additional terms or policies will control.
(c) Please check that the details in these Terms and on the applicable Order are complete and accurate before you use or purchase the Products or Services. If you think that there is a mistake in these Terms or an Order, please contact us by emailing support@Cielo.help. We only accept responsibility for statements and representations made in writing by an authorized representative of CIELO.
(d) Use of the Products and Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Products and Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
1.3 CHANGES TO TERMSCIELO reserves the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Products or Services. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.
2. JOINING THE CIELO COMMUNITY
2.1 BECOMING A MEMBER(a) To access the Products or Services, you must sign up as a registered user (a “Member”). You can do this via our Websites, our Apps or via certain third-party social networking services. If you become a member via a third-party, such third-party terms and policies may apply. To become a Member, you need to provide certain personal information, including but not limited to, your first name, last name, email address, date of birth and a password to be used in conjunction with that email address (“User Information”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. In order to access or use certain Products or Services, you may need to provide additional User Information.
(b) By registering as a Member and using and/or accessing the Products or Services, you warrant that: (i) you are legally capable of entering into binding contracts; (ii) all User Information you submit is truthful, accurate, and up to date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Products and Services does not violate these Terms or any Applicable Law.
(c) Member accounts and Subscriptions (as defined below) are not transferable. You agree to not sell, transfer, or exchange Member accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions.
2.2 CHILDRENOur Products and Services are generally intended for individuals at least 18 years of age. There are limited exceptions:
(a) If you are in the US and 13-17 years old, you may access our Products via certain Benefit Sponsor (as defined in Section 2.5) offerings, including but not limited to certain employer offerings. Please refer to materials specific to such offerings for more information.
(b) If you are in the US and 13-17 years old, you may access our Services via certain Benefit Sponsor offerings with verifiable parent or guardian consent.
(c) Members with access to our EAP services (as defined in Section 8) may refer their child of at least 6 years old to receive access to EAP services, including in-person clinical support. Members cannot sign their child up as a registered user.
(d) If you are in the US and 13-17 years old, you may access our Products via our CIELO for Teens offering.
We do not support Members under the age of 13. You may notice some content in our Products that appears geared towards children. This content is only meant for you to share with your child under your supervision, and does not require or allow your child to sign up as a registered user.
2.3 SUBSCRIPTIONS & PURCHASES(a)
Free Trials. You may have access to a free trial period of certain Products (“Free Trial”). You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service you select and whether you have redeemed a Free Trial previously. Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. You can disable the automatic conversion by following the cancellation instructions set forth in Section 3 prior to the date of conversion.
(b)
Automatically Renewing Subscriptions. Members may access the Products or Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly or annual options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Subscriptions may be charged separately for Products and Services. If you activate a Subscription, you authorize CIELO to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or CIELO terminates your Subscription or your account.
(c)
Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section 3.
(d)
No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. CIELO will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Products and Services while your Subscription is active and subsisting.
(e)
Subscription Methods. You may subscribe via: (i) purchasing a subscription to the Products or Services from the Website, within the Apps, where allowed by the App marketplace partners, (ii) a Benefit Sponsor (as defined in Section 2.5) or (iii) a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If your Subscription is through a Benefit Sponsor or one or more of our bundle subscription partners, additional terms and policies may apply, and your Subscription may be paid for, partially paid for, or managed by the Benefit Sponsor or the bundle subscription partner.
(f)
Gift Subscriptions. “Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is the “Giftor.” A person who receives and redeems a Gift Subscription is the “Recipient.” Gift Subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Gift Subscription will be sent to the Recipient on the Giftor’s specified date with a gifting code to redeem the Gift Subscription. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial unless expressly stated otherwise. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store,our iPhone application, the Google Play Store, or our Android application. We will automatically bill the Payment Method that the Giftor provided for any purchased Gift Subscriptions at the time of purchase, not upon delivery to or redemption by Recipient. There are no refunds or other credits for Gift Subscription that are not redeemed. CIELO will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. CIELO is not responsible if a Gift Subscription is lost, stolen or used without permission.
(g)
Purchases. You may access some Products or Services by paying CIELO or our App marketplace partners a non-recurring fee at the time of registration (“Purchase”). If you make a Purchase, you authorize CIELO or our App marketplace partners, as applicable, to charge all accrued sums (“Fees”) on the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase the Product. Please note that the sale is final for all Purchases, and we will not provide a refund.
(h)
Discounts. CIELO may offer certain special discount pricing options (the “Special Discount Pricing Options”). Such Special Discount Pricing Options will only be available to qualified users (the “Qualified Users”). CIELO reserves the right to determine if you are a Qualified User in our sole discretion. Additional terms may apply to such Special Discount Pricing Options.
(i)
Prices in US Dollars and Euros include local taxes. Prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
2.4 PAYMENT TERMS(a) Your use of the Products and Services may require you to pay fees. We reserve the right to determine pricing for the Products and Services. We will make reasonable efforts to keep pricing information published on our Website up-to-date.
(b) You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise stated in your Benefit Sponsor terms and conditions or otherwise agreed to in writing between the parties. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. In order to access the Products and Services, you may be required to provide your payment information. You agree to promptly notify CIELO of any changes to your Payment Method while any payments remain outstanding. You authorize CIELO or a third-party payment processor to charge all fees for the Products and Services, including all applicable taxes, to the Payment Method. If you pay any fees with a credit card, we (or a third-party payment processor) may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase.
(c) In the course of your use of the Products or Services, CIELO and its third-party payment processor may receive and use updated credit card information from your credit card issuer to prevent your Subscription from being interrupted by an outdated or invalid card. This information is provided to CIELO and CIELO’s third-party payment processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.
2.5 BENEFIT SPONSORSMany groups, including but not limited to employers, healthcare providers, health plans, universities, government entities, municipalities or hospitals (“Benefit Sponsor” or “Benefit Sponsors”) purchase and introduce the Products and Services to their employees, eligible dependents and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for access to Products and Services. In such event, the Benefit Sponsor terms and conditions will also apply to your use of the Products and Services. In the event of any conflict with such additional terms and these Terms, the additional terms will prevail.
2.6 CHANGING FEES AND CHARGESWe reserve the right to change our subscription fees, plans or adjust pricing for our Products and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3. CANCELING MEMBERSHIP
3.1 CANCELLATION BY USWe may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services. Your access to the Products or Services may be terminated if the relationship between CIELO and your employer or provider terminates or expires, or if your relationship with your employer or provider ends. If this happens, CIELO will use reasonable efforts to give you seven (7) days’ notice before access to the Products or Services is terminated.
3.2 CANCELLATION BY YOU(a) You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period and cancellation of an annual Subscription is effective at the end of the applicable annual period. Please make any such cancellation by visiting
here or emailing support@Cielo.help.
(b) Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms.
3.3 CANCELLATION FEESSome features of the Products and Services are subject to certain cancellation fees, as disclosed via the Products and Services. For example, such cancellation fees may be owed if you miss a scheduled therapy or psychiatry session, and fail to provide the required advanced notice, as communicated to you in advance. We may suspend or terminate access to the Products and Services for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
4. PROHIBITED USE OF THE PRODUCTS AND SERVICES
By using the Products and Services you agree not to:
(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services;
(b) record the Services, including any coaching, therapy or psychiatry session;
(c) use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;
(d) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services;
(e) interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services;
(f) access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law
(g) circumvent any territorial restrictions applied to the Products or Services;
(h) perform any fraudulent activity including impersonating any other person or entity while using the Products or Services;
(i) conduct yourself in an offensive manner while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
(j) use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);
(k) use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of CIELO;
(l) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use;
(m) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(n) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or
(o) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.
We reserve the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.
By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products and Services will cease immediately.
We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
5. MATTERS OF OWNERSHIP
Subject to the limitations set forth in these Terms, CIELO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of CIELO and its licensors and suppliers.
5.1 COPYRIGHT(a) All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services (“Materials”), are owned by CIELO (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent.
(b) Materials on or in the Products or Services are the property of CIELO or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you.
(c) Audio or video content from CIELO not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device.
(d) The Products and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services.
(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. If you make other use of the Products or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. CIELO will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 TRADEMARKSCIELO®, the CIELO logo and all other CIELO product or service marks are trademarks of CIELO. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. CIELO will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS AND SERVICES
Although we aim to offer you the best service possible, we make no promise that the Products and Services will meet your requirements and we cannot guarantee that the Products and Services will be fault free. If a fault occurs in the Products or Services, please report it to us at support@сielo.help and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products and Services while we address the fault. We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time.
Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. We will restore the Products and Services as soon as we reasonably can. In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing support@сielo.help.
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. Apart from the pro rata refund of any prepaid fees in Section 3.1, you agree that CIELO will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services.
7. USER MATERIAL
7.1 The Products and Services may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. “User Material” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product or Service purchase, or Product or Service use information which you provide in registering for and using Products or Services. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.2 We do not systematically review all User Material submitted by you or other users. However, we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Products or Services for operational and other purposes. If at any time we choose to monitor such information, we assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products or Services, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice.
7.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by CIELO or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise CIELO. We may indirectly commercially benefit from use of your User Material.
7.5 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not access, tamper with, or use non-public areas of the Products or Services, CIELO’s computer systems, or the technical delivery systems of CIELO’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other CIELO system or network or breach any security or authentication measures.
7.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.7 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant CIELO an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained in the User Material, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. CIELO may include your User Material in CIELO’s distribution content that is made available to others through the Products. Be aware that CIELO has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify CIELO and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products and Services, you grant, and you represent and warrant that you have the right to grant, to CIELO an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that CIELO has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify CIELO and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
