Effective: December 1, 2025
Last updated: November 11, 2025
Cloudburst Collective, LLC
Terms of Service
Welcome to the Cloudburst Collective!
The following Terms of Service (the “Terms”) and Cloudburst Collective, LLC’s Privacy Policy (the “Privacy Policy”) between you and Cloudburst Collective, LLC (“Cloudburst Collective”) govern your use of and access to Cloudburst Collective, including its website, services, conversations, text services, and related features (individually and collectively, “Service(s)”).
Your use or access of these Services confirms that you can form a legally binding contract with Cloudburst Collective, that you assent to these Terms, and that your continued use or access of these Services is conditioned on your continued acceptance and compliance with these Terms set out below. By accessing or using these Services in any manner, including, but not limited to, browsing Cloudburst Collective’s website or contributing content or other materials to Cloudburst Collective’s platform, you agree to be bound by these Terms.
Please read these Terms, the Privacy Policy, and any other agreements referenced in these Terms carefully. If you do not assent to these Terms, you shall not use or access these Services.
DO NOT USE THESE SERVICES WHILE IN DANGER OR IN A WAY THAT COULD RESULT IN DANGER OR HARM TO YOURSELF OR OTHERS WHILE USING OR ATTEMPTING TO USE THESE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE USING CLOUDBURST COLLECTIVE AND THESE SERVICES AT YOUR OWN RISK. RISKS OF USING THESE SERVICES INCLUDE, BUT ARE NOT LIMITED TO, RISKS INHERENT TO: ACCIDENTS WHICH OCCUR DURING TRANSPORTATION OR TRAVEL; CHANGING AND INCLEMENT WEATHER CONDITIONS, INCLUDING, BUT NOT LIMITED TO, STORMS, HIGH WINDS, HIGH WAVES, AND LIGHTNING; DROWNING; ENCOUNTERS WITH WILD ANIMALS; ENTERING STANDING WATER; FLOODING; IMPACT, COLLISION WITH, OR ENTRAPMENT BY, TREES, LOGS, EQUIPMENT, OR OTHER OBJECTS; LOSS OF BALANCE; SLIP AND FALLS; YOUR HEALTH CONDITION, PHYSICAL EXERTION, EXHAUSTION, DEHYDRATION, HYPOTHERMIA, OTHER SICKNESS, OR FROSBITE; AND OTHER RISKS THAT ARISE WHILE USING THESE SERVICES INDOORS AND IN THE OUTDOORS. YOU ACKNOWLEDGE AND AGREE THAT THE DESCRIPTION OF THE RISKS IN THESE TERMS IS NOT COMPLETE AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS, INHERENT OR OTHERWISE, OF USING THESE SERVICES.
IN AN EMERGENCY, PLEASE IMMEDIATELY DISCONTINUE THE USE OF THESE SERVICES AND DIAL 911 TO SPEAK WITH EMERGENCY SERVICES.
Eligibility to Use Services:
Minimum Age of Users: Children under the age of eighteen (18) are not permitted to use these Services. Parents and legal guardians of children under the age of eighteen (18) cannot agree to these Terms on behalf of their minor children. By using these Services, you represent that you are above the age of eighteen (18). If you are not eighteen (18) or older, please discontinue your use of these Services.
Entities: If you use these Services on behalf of a company, partnership, association, or other entity, you hereby represent that you have the capacity to enter into these Terms on behalf of the entity, or that an authorized representative of the entity has agreed to bind the entity to these Terms.
Privacy Policy: Your use of these Services signifies your assent to the Privacy Policy. The Privacy Policy includes information on how Cloudburst Collective collects, processes, and discloses data and other personal information through these Services. You may access the Privacy Policy here: https://www.cloudburst-collective.xyz/privacy. Please read the Privacy Policy carefully.
Acceptable Use of Services: Cloudburst Collective hereby grants you permission to use these Services, provided that such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
Prohibited Use of Services: You are prohibited from, or assisting other persons in:
using these Services to send or post harassing, abusive, or threatening messages;
soliciting personal information for commercial or unlawful purposes, including hidden pages, links, or images, providing instructional information about illegal activities, or which threatens Cloudburst Collective’s relationships with its partners, customers, or suppliers;
attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
disrupting the normal flow of Services, including any dialogue on these Services or otherwise act in a manner that negatively affects other participants;
transmitting through these Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
using these Services to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
using these Services in a manner that is intentionally misleading, false, otherwise inappropriate, or harmful to others, including, but not limited to, providing Cloudburst Collective with an incorrect zip code, phone number, email, or other information, regardless of whether the content or its dissemination is unlawful;
posting or generating content that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
using these Services in such a way that damages the image or rights of Cloudburst Collective, other users, or third parties;
sending spam or other direct marketing communications or posting, transmitting, or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or other forms of computer programming or disabling mechanism;
using any robot, spider, or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from these Services;
intentionally or unintentionally violating, performing, or promoting any applicable local, provincial/state, national, or international law, including, but not limited to, any regulations having the force of law, and any laws regarding the export of data or software to and from the United States or other countries, while using or accessing these Services; or
engaging in any other conduct that restricts another’s use or enjoyment of these Services, or that may harm Cloudburst Collective or its owners.
User Generated Content: Cloudburst Collective, at its sole discretion, may permit you to post, upload, submit, or transmit content, including, but not limited to, photos, videos, and texts, and their associated metadata (individually and collectively, “User Content”).
Your submission of User Content grants Cloudburst Collective a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, to operate, promote, improve, or market these Services.
You acknowledge and agree that you are solely responsible for all User Content. You represent and warrant that you have all rights, licenses, consents, and releases necessary to grant to Cloudburst Collective the license herein.
Cloudburst Collective is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of these Services.
User Accounts: To access these Services or some of the resources it offers, you may be asked to provide certain required and optional registration details or other information, including, but not limited to, your name, zip code, phone number, and email. It is a condition of your continued use of these Services that all the information you provide is correct, current, and complete.
All the information you provide to Cloudburst Collective is governed by the Privacy Policy, which can be found https://www.cloudburst-collective.xyz/privacy. Please read the Privacy Policy carefully. You acknowledge and agree to all actions taken by Cloudburst Collective with respect to your information consistent with the Privacy Policy.
Intellectual Property Rights: Cloudburst Collective and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (individually and collectively, the “Content”) are owned by Cloudburst, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit these Services, except as expressly permitted in these Terms and in the Licensing Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cloudburst Collective or its licensors, except for the licenses and rights expressly granted in these Terms or the Licensing Agreement.
Copyright Infringement:
Notices of Copyright Infringement:
Cloudburst Collective takes claims of copyright infringement very seriously.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Cloudburst Collective infringe your copyright, you may request removal of those materials (or access to them) from Cloudburst Collective by submitting written notification to Cloudburst Collective’s copyright agent, as designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the written notice is accurate; and
statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Cloudburst Collective’s designated copyright agent (“Cloudburst Collective’s Copyright Agent”) to receive DMCA Notices is:
Zoe Voss Lee
CLOUDBURST COLLECTIVE, LLC
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may be ineffective. Please be aware that if you knowingly materially misrepresent that material or activity displayed through these Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Cloudburst Collective reserves the sole right to disable and/or terminate the accounts of users who are repeat infringers.
Counter Notices: If you believe that material you posted on Cloudburst Collective was removed or access to that material was disabled by mistake or misidentification, you may file a counter notification with Cloudburst Collective (a “Counter Notice”). You can submit a Counter Notice by submitting a written notification to Cloudburst Collective’s Copyright Agent, as designated above. Pursuant to the DMCA, the Counter Notice must substantially include the following information:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement, made under the penalty of perjury, by you stating that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which the Website may be found) and that you will accept service from the person (or agent of that person) who provided Cloudburst Collective with the complaint at issue.
The DMCA authorizes Cloudburst Collective to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity displayed through these Services was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Third-Party Content: While using these Services, Cloudburst Collective may provide you with access to third-party websites, information, and services, including, but not limited to, third-party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Cloudburst Collective does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Cloudburst Collective does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Cloudburst Collective disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Cloudburst Collective with respect to the content or operation of any such third-party websites and services.
Representations and Warranties: YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THESE SERVICES AT YOUR OWN RISK. THESE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND CLOUDBURST COLLECTIVE, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CLOUDBURST COLLECTIVE, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THESE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THESE SERVICES.
Limitation of Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Cloudburst Collective, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of these Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Termination and Monitoring: Cloudburst Collective reserves the right to, in its sole discretion:
remove any user accounts or user content for any reason;
take any action with respect to any User Content that Cloudburst Collective deems necessary or appropriate;
take any appropriate legal actions, including, but not limited to, referral to law enforcement for any illegal or unauthorized use of Cloudburst Collective or these Services; and
terminate or suspend your use or access to all or part of these Services for any reason, including violation of these Terms, violation of any applicable laws, or to protect the safety or property of other users, Cloudburst Collective, or third parties.
You may voluntarily choose to delete your account with Cloudburst Collective. Upon receipt of your request to delete your account, Cloudburst Collective will remove your account and associated information within a reasonable time. Please note that any information that you have submitted may not be removable.
Modification: Cloudburst Collective reserves the sole right to modify these Terms at any time, without prior notice, and at its sole discretion. Cloudburst Collective will not provide you with notice of the change. The date of the last modification will be posted at the beginning of these Terms. It is your sole responsibility to check for updates to the Terms. By continuing to access or use these Services, you agree to be bound by these Terms as modified.
Notices: Any notices, modifications to these Terms, or other communications required or permitted hereunder will be in writing and given by Cloudburst Collective through (a) SMS (in each case to the phone number you provide); (b) email (in each case to the phone number you provide); or (c) a posting to our website, https://www.cloudburst-collective.xyz/.
Disputes: These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of New York. Any action relating to the use of these Services or Terms must be brought in a state or federal court in New York County, New York. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Miscellaneous:
No Waiver: Cloudburst Collective’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Cloudburst Collective may only waive a right or provision of these Terms through express written consent.
Severability: If any provision(s) of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intent as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Entire Agreement: These Terms reflect the entire agreement between you and Cloudburst Collective related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Cloudburst Collective’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Cloudburst Collective may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Governing Law: These Terms and any further rules, policies, or guidelines incorporated by reference herein are governed by the laws of the State of New York, United States.
Contact Us: If you have any questions about these Services or Cloudburst Collective, please contact us at info@cloudburst-collective.xyz.