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Clickey's Terms Of Service


1. YOUR ACCEPTANCE OF OUR TERMS

Welcome to Clickey! Clickey provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By your use of our service, you agree to these terms of service. Please be sure check this TOS frequently for any changes.


2. DESCRIPTION OF OUR SERVICE

Clickey provides users with access to a large collection of on-line resources (our "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Clickey properties, shall be subject to the TOS. You understand and agree that our Service is provided "AS-IS" and that Clickey assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use our Service, you must first be able to connect to the World Wide Web and provide all the equipment necessary for you to make such a connection to the World Wide Web, including a computer and modem or any other access device. Clickey will make attempts to keep our Service free of what we deem as pornographic or violent sites. Due to the nature of the Internet and the fact that we have no control over third party web sites listed, we do not accept any responsibility for the content of any web sites or links listed or found through Clickey. Parents should use discretion while allowing minors to access our Service. Please help us keep Clickey a safe environment by informing us of any link that contains inappropriate information or material. We will do our best to review any reported listings and make our own determination as to how to handle such reports.


3. CLICKEY PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.


4. YOUR OBLIGATION WHEN REGISTERING FOR A WEB SITE LISTING ACCOUNT

Prior to registering for a web site listing account, you will first be issued a password that is unique to your domain name. Each account owner is responsible for maintaining the confidentiality of their password and account, and is fully responsible for all activities that occur under such password or account. Clickey only allows one account or domain name per web site. You understand that attempting to set up more than one account for the same or similar web site(s) will be considered a breach of our Service. As an account owner, you agree to immediately notify Clickey of any unauthorized use of such password or account or any other breach of security. Clickey will not be liable for any loss or damage arising from failure to comply with this obligation. As an account owner and in consideration of our Service, you agree to: (a) provide true, accurate, current and complete information about yourself and/or web site as prompted by our Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Should you provide any information that is untrue, inaccurate, not current or incomplete, or if Clickey has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clickey has the right to suspend or terminate your account and refuse any and all current or future use of your account, or any portion thereof without any warning. Clickey vigorously strives to prevent listings of pornographic, violent or inappropriate web sites. In regards to our service, you agree that Clickey has sole discretion to decide questions as to which particular web sites may be considered pornographic, violent or inappropriate. Clickey reserves that right to refuse access to our Service for any web site, end user or advertiser which Clickey deems pornographic, violent or inappropriate.


5. INDEMNITY

You agree to indemnify and hold Clickey, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of our Service, your violation of the TOS, or your violation of any rights of another.


6. NO RESALE OF OUR SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purpose, commercial or otherwise, any portion of our Service, use of our Service, or access to our Service via any means including and not limited to electronically, in writing, verbally or any other means of transferring our Service without the express written permission of Clickey.


7. MODIFICATIONS TO OUR SERVICE

Clickey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without any notice. You agree that Clickey shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.


8. TERMINATION OF OUR SERVICE

You agree that Clickey, in its sole discretion, may terminate your password, account (or any part thereof) or use of our Service, and remove and discard any Content within our Service, for any reason, including, without limitation, for lack of use or if Clickey believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Clickey may also in its sole discretion and at any time discontinue providing our Service, or any part thereof, with or without notice. You agree that any termination of your access to our Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Clickey may immediately deactivate or delete your account and/or bar any further access to our Service. Further, you agree that Clickey shall not be liable to you or any third-party for any termination of your access or any third-party access to our Service.


9. YOUR DEALING WITH ANY OF OUR ADVERTISERS

Your dealings with, or participation in promotions of, advertisers found on or through our Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Clickey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Service.


10. LINKING TO CLICKEY

The Clickey.com Affiliate Program (the "Program") is designed to provide You with the opportunity to display the Clickey.com banner, search engine box, buttons and/or hypertext (collectively referred to as "Links") on your Web site and/or newsletter and earn a the right to place your links on our search results pages. Clickey hereby grants to you permission to download the Clickey Links on your Web site, subject to your compliance with the Links Guidelines below and all other terms and conditions set forth herein. You may only use the Links on the specific Web site(s) listed in your application and approved by Clickey.

Link Guidelines-

  1. No Alteration Allowed: The Links must not be altered in any way, including without limitation, design, color, font, proportions and animation. The Links may be displayed in a larger size, but it must be increased in size proportionally.

  2. Required Link: The Links placed on your web site must always link to the URL provided by Clickey.

  3. Positive Presentation: Your Web site must use the Links in a positive manner. The Links may not be used in a way that could reflect adversely on Clickey, Clickey advertisers, Clickey partners or Clickey services and products. You may not use the Links on any Web site that disparages Clickey, its products, services, partners or affiliates, or infringes upon any intellectual property or other rights of Clickey, or violates any state, federal or international law.

  4. Compliance With Laws: You may not use the Links if Your Web site infringes any parties' intellectual property or other rights, or violates any state, federal or international law. You will be responsible for any claims, costs and damages incurred by Clickey as a result of a violation of this Paragraph.

  5. Changes: Clickey reserves the right to change any terms of the Links Guidelines and the Compensation solely at its discretion. Clickey will provide ten (10) days notice via e-mail of any such changes. If you do not agree to such changes, you may terminate this Agreement on ten (10) days notice via email to legal@clickey.com.

  6. Compensation: We will allow you to upload your banner ads and display them to every unique visitor from your site. The ratio of our banner advertisements to your advertisements is 50:50. Clickey will provide you with ten (10) days notice via e-mail if this ratio changes. If you do not agree to such changes, you may terminate this Agreement on ten (10) days notice via email to legal@clickey.om.

  7. Taxes: You are responsible for the payment of all taxes related to the Compensation you earn under this Agreement.

  8. No Warranty: Clickey DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. Clickey WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

  9. Miscellaneous: The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship.


11. VIRUSES

Clickey also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.


12. EXPORT CONTROL

Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Clickey does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.


13. BUSINESS ASSOCIATES

The business associates of Clickey identified on this Site are independent contractors of Clickey. The business associates are not parties to joint ventures of Clickey or partners of Clickey. No employee or representative of the business associates is under the control of Clickey.


14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLICKEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. CLICKEY MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED OR FOUND BY YOU THROUGH USING OUR SERVICE WILL MEET YOUR EXPECTATIONS.

  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR ANY VIRUS THAT MAY BE CONTAINED THEREIN.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLICKEY OR THROUGH OR FROM OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLICKEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLICKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICE.


16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.


17. TRADEMARK INFORMATION

Clickey, the Clickey logo, trademarks and service marks, and other Clickey logos and product and service names are trademarks of Clickey Corporation. (the "Clickey Marks"). You agree not to display or use in any manner, the Clickey Marks without the express written permission of Clickey.


18. GENERAL INFORMATION

Our TOS constitutes the entire agreement between you and Clickey and governs your use of our Service, superceding any prior agreements between you and Clickey. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Clickey shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Clickey agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Clickey to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of our TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE)


19. VIOLATIONS

Please report any violations of the TOS to our Customer Service Department.

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