ClikLinks Terms Of Service
WELCOME TO CLIKLINKS:
By accessing or otherwise interacting with our servers, services, websites, or any associated content/postings, you agree to the ClikLinks Terms of Service "TOS".
You agree that ClikLinks and its Owner and Staff are not responsible or liable for any damages that may occur from using this site.
You agree that ClikLinks and its Owner and Staff are not responsible or liable for anything you do on this site.
You agree that ClikLinks and its Owner and Staff are not responsible or liable for anything that happens on this site.
You acknowledge and agree that ClikLinks is a private site owned and operated by ClikLinks.
If you are accessing or using ClikLinks on behalf of a business, that business agrees to the TOS. If you do not agree to the TOS, you are not authorized to use ClikLinks.
We may modify the TOS at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use ClikLinks.
, the ClikLinks Prohibited List
, and all other policies, site rules, and agreements referenced below or on ClikLinks, are fully incorporated into this TOS, and you agree to them as well.
If you agree to the TOS and (1) are of sufficient age and capacity to use ClikLinks and be bound by the TOS, or (2) use ClikLinks on behalf of a business, thereby binding that business to the TOS, we grant you a limited, revocable, non-exclusive, non-assignable license to use ClikLinks in compliance with the ClikLinks Terms; unlicensed use is unauthorized.
You agree not to display, "frame," make derivative works, distribute, license, or sell, content from ClikLinks, excluding postings you create.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with ClikLinks, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.
You agree not to copy/collect ClikLinks content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts.
You agree not to post content that is prohibited by any of the ClikLinks policies or rules referenced above "Prohibited Content".
You agree not to abuse the ClikLinks flagging or reporting process.
You agree not to collect ClikLinks user information or interfere with ClikLinks.
You agree we may moderate ClikLinks access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:
(A) collecting/harvesting ClikLinks users' information, including personal or identifying information;
(B) publishing/misusing personal or identifying information of a third party in connection with your use of ClikLinks without that party's express written consent;
(C) misrepresenting your identity or affiliation to anyone in connection with your use of ClikLinks;
(D) posting or attempting to post Prohibited Content;
(E) posting or attempting to post Prohibited Content in any paid section of ClikLinks;
(F) sending an unauthorized/unsolicited email to an email address obtained from ClikLinks;
(G) using ClikLinks user information to make/send an unauthorized/unsolicited text message, call, or communication to a ClikLinks user;
(H) creating a misleading or unlawful ClikLinks account or buying/selling a ClikLinks account;
(I) abusing or attempting to abuse the ClikLinks flagging or reporting processes;
(J) distributing any software to facilitate violations of the USE Section;
(K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting ClikLinks content for any purpose without our express written consent;
(L) bypassing or attempting to bypass our moderation efforts.
You agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
You authorize us to charge your account for ClikLinks fees in Paid Areas
. Any tax is additional.
Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting. ClikLinks does not provide refunds on any postings or on funds added to your account.
DISCLAIMER & LIABILITY:
To the full extent permitted by law, ClikLinks, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest "ClikLinks Entities"
(1) make no promises, warranties, or representations as to ClikLinks, including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
(2) provide ClikLinks on an "AS IS" and "AS AVAILABLE" basis and any risk of using ClikLinks is assumed by you;
(3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and
(4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with ClikLinks.
ClikLinks Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to ClikLinks, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.
Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY:
You agree that ClikLinks and the ClikLinks website (1) shall be deemed solely based in California (except we "ClikLinks" may seek preliminary or injunctive relief anywhere);
(2) shall be deemed a passive website that does not give rise to personal jurisdiction over ClikLinks, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, and of the city of Los Angeles, without respect to its conflict of laws principles.
You agree to (1) indemnify and hold ClikLinks Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of ClikLinks;
(2) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Users complying with prior written licenses may access ClikLinks thereby until authorization is terminated.
Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOS or our ability to enforce it.
The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOS, and you will remain bound by those sections.
If a TOS term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties.
The English version of the TOS controls over any translations.
Questions? Email Us at: email@example.com