TERMS AND CONDITIONS OF USE AGREEMENT Our business name is MYCLICKAPPS.com, LLC (hereafter “MyClickApps” or
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web sites (hereafter "web site"), www.MYCLICKAPPS.com (and affiliated web sites) and provides details on the services and products we offer to our Users (hereafter “You”, “Your” or “User”). It is vitally important that you read these Terms carefully, as your use of our web site will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Services and/or Products (hereafter "Services"), provided through or in connection with, our web site. Each time you use our Services, you acknowledge that you have read these Terms and agree to be legally bound by them.
User agrees and understands that these Terms are the only contract between the User and MyClickApps. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms, you may not use the web site or the Services provided by us.
The following words used in these Terms have the following meanings:
1. “Personally Identifiable Information” shall mean all data and/or information provided by, and about, User, including e-mail address(es), name, address, etc.;
2. "MyClickApps web site" shall mean the web site on which MyClickApps provides Services.
3. "MyClickApps User" shall mean all Users of the MyClickApps web site and its Services.
4. "MyClickApps Services" shall mean all Services and/or Products provided directly by MyClickApps.
5. “Third–Parties” or “3rd-Parties” include all advertisers, partners and affiliate vendors that are included on the MyClickApps web site, whether a link is provided or not.
Users can access these Terms by clicking on the “Terms” link that appears on the MyClickApps web site “Homepage” and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
User hereby acknowledges and agrees as follows:
MyClickApps reserves the right to make changes or modifications to the MyClickApps web site and these Terms. Display of any notice of changes online at the MyClickApps web site shall constitute effective notice under these Terms, and User’s continued use of the MyClickApps web site, thereafter, shall constitute User’s acceptance of such changes or modifications.
I. License Grant
MyClickApps grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the MyClickApps web site, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.
II. The MyClickApps Web Site
A. The "MyClickApps web site" includes, as applicable and without limitation:
1. MyClickApps' Services accessed by or through the MyClickApps web site, including User’s Facebook page link and individual items within those Services;
2. Any documentation, including instructions and the like, provided to you by MyClickApps, for use in connection with the web site or its Services; and
3. Any other video presentations, audio presentations, slideshows, software, products, services, data or information provided by MyClickApps or obtained through the MyClickApps web site.
III. Ownership, Use and Intellectual Property Rights
A. The MyClickApps web site is the valuable, exclusive property of MyClickApps.com, LLC and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to User or any other person or entity. User is granted a license to use the MyClickApps web site, as long as User complies with these Terms or until MyClickApps terminates this Agreement or User’s access rights. Ownership of the MyClickApps web site, and any documentation or information, shall remain, at all times, with MyClickApps.com, LLC. The MyClickApps web site is protected by contract and intellectual property law, including domestic and international copyright law. All intellectual property rights in the MyClickApps web site belong to MyClickApps.com, LLC.
B. If MyClickApps provides User with an account, User may not allow concurrent use of the MyClickApps web site by multiple Users, utilizing identical User names, or allow another person or entity to use their User name to access
the MyClickApps web site. User may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the MyClickApps web site. User may store in the memory of his/her computer, and may manipulate, analyze, reformat, print and/or display for User’s use only, the information received or accessed through the MyClickApps web site, pursuant to these Terms. User may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of MyClickApps, User may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the MyClickApps web site(s), any part thereof, or any of the information received or accessed there from, to or through any other person or entity. MyClickApps expressly reserves any rights not granted to User in these Terms. MyClickApps reserve all rights to enforce their copyright and intellectual property rights.
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect unless terminated or canceled for any of the following reasons:
1. Immediately, by Company, for any unauthorized access or use by User, including, without limitation: concurrent access of the MyClickApps web site by multiple Users utilizing identical User names and passwords; permitting another person or entity to use User’s name and password to access the MyClickApps web site; or any other access or use of the MyClickApps web site, except as expressly provided in these Terms;
2. Immediately, by MyClickApps, if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by MyClickApps, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the MyClickApps web site;
4. Immediately, by MyClickApps, if you transmit or receive, using the MyClickApps web site (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (MyClickApps, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of the MyClickApps web site by Company; or
6. Immediately, by Company, if you violate any of the other Terms and conditions of this Agreement.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which MyClickApps may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of this Agreement:
1. All rights granted to you will terminate and revert to Company upon termination;
2. As requested by MyClickApps, User agrees to erase and destroy any copies of the MyClickApps web site you have made or stored; and
3. User agrees to certify to Company your compliance with these requirements, in writing, upon Company’s request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL MYCLICKAPPS BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE MYCLICKAPPS WEBSITE.
User acknowledges that MyClickApps reserves the right to, and that MyClickApps may, from time to time, choose to monitor, any and all information transmitted or received through the MyClickApps web site. MyClickApps, in its sole discretion and without further notice to User, may review, censor or prohibit the transmission or receipt of any information which MyClickApps deems inappropriate (such as that specified in subparagraph (A)(4) of the Termination paragraph III, above,) or that MyClickApps determines violates any term or condition of this Agreement.
V. MyClickApps Community
A. The MyClickApps Community (hereafter "the Community") helps Users to obtain insight, exchange ideas and connect online with other Users who use the MyClickApps Services. MyClickApps believes that the Community is a valuable place for MyClickApps Users to exchange information about a broad range of products and services and to learn from one another. MyClickApps wants the Community to be a friendly, informative and safe place for all of our Users.
B. By participating in this Community, User agrees to adhere to these Terms, as amended, from time to time. Any failure to adhere to these standards may lead to disciplinary action, which may include the termination of your rights to
participate in Voting, Feedback and other features of the Community. In addition, MyClickApps reserves the right to remove any post to Feedback that we believe is inconsistent with the standards or the spirit of these Terms.
C. The Community is for Users that are at least thirteen (13) years of age. The Community is primarily an English-language online community, but may also include, or expand to Users in other countries.
A. Users are required to register, either directly or through linking to their Facebook page, in order to access the Community and in order to be able to Vote, or access Feedback. Registration (by providing a valid email address, User name and password) is required if User wants to Vote or post material to the Community. MyClickApps may refuse to grant to User, and User may not use, a User name or email address that is already being used by someone else, or impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of another person or entity, is offensive for any reason, or that we reject for any other reason, in our sole discretion. User may have only one user name. User is responsible for maintaining the confidentiality of the password, and User will be held liable for all activities that occur under your User name. If Users become aware of any unauthorized use of their password or account, they agree to notify MyClickApps immediately at Support@MyClickApps.com.
B. User agrees that all information provided in the User profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
VII. Content is for Informational Purposes Only
A. The information shared by MyClickApps and its Users is for informational purposes ONLY. Such information is not meant to be a basis for product/service advice or recommendations. Each User is ultimately responsible for conducting his/her own analysis on particular products/services and making his/her own purchase decisions. Under no circumstances can any member of this Community or MyClickApps or any affiliate of MyClickApps be held responsible for a product/service purchasing decision made by another person.
B. The results or experiences described in User testimonials are not indicative of the results or experiences individual Users may receive. Users should not expect to experience similar results from products or services purchased.
NEITHER MYCLICKAPPS NOR ANY THIRD-PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN USER TESTIMONIALS ABOUT PRODUCTS OR SERVICES.
VIII. Links to Third Party Sites
Company and Users may post links on this web site to other web sites that are not under the control of MyClickApps. MyClickApps is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to the information contained in such web sites. Any such link on this web site does not imply MyClickApps endorses the web site, the organization operating such web site, nor any products or services of that organization. User’s use of any links to any off-web site pages or other web sites is entirely at User’s own risk.
IX. Communicating with MyClickApps
The Community Feedback or Voting applications are not an appropriate environment to express concerns about MyClickApps, its partners or Services. Constructive feedback regarding MyClickApps can be submitted to Support@MyClickApps.com. Feedback regarding the web site, its use or application can also be submitted to that address. Postings on the Community Feedback or Voting applications do not constitute notice to MyClickApps for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of MyClickApps.
X. Uses Not Permitted
A. Use of the MyClickApps web site(s), as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all- inclusive.
1. Illegal/Criminal Activity – The MyClickApps web site may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – The MyClickApps web site may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
User is responsible for maintaining the basic security of his/her computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The MyClickApps web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
4. Offensive Materials – The MyClickApps web site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or MyClickApps personnel or other companies or individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution
systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of MyClickApps, or any 3rd-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User’s uninterrupted use of the MyClickApps website(s);
vii. Advertises, promotes or offers to trade any goods or services;
viii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or violates the security of the MyClickApps web site(s) or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the MyClickApps web site(s);
x. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY MYCLICKAPPS.
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the MyClickApps web site. However, the User may use the interfaces or software provided by MyClickApps within the scope of the Services available on our web site and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any content of the MyClickApps web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our web site(s) or Services, and is therefore prohibited;
iii. Distributing or publicly disclosing the contents of our web site or any of their Terms, without written permission from MyClickApps; or
iv. Performing any actions that may impair the operability of the MyClickApps web site’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
5. Spam - Spam is an unacceptable use of the MyClickApps web site. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in Company’s opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender's return address or the e-mail address of origin.
g. Using MyClickApps facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or Terms and Conditions of Use.
6. Indirect Access - A violation of these Terms by someone having only indirect access to the MyClickApps web site through a User, will be considered a violation, whether or not with User’s knowledge or consent.
7. In addition, these Terms apply to any email or content transmitted by User, or on User’s behalf, that uses a MyClickApps account as a mailbox for responses or promotes content, hosted or transmitted, using MyClickApps facilities, or that indicates, in any way, that MyClickApps was involved in the transmission of such email or content.
B. The resale of MyClickApps Services or information is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or termination of User’s account and access to our Services, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by MyClickApps, in its sole discretion.
D. When feasible, it is MyClickApps preference to give notice so that violations may be addressed voluntarily. However, Company reserves the right to act without notice, when necessary, as determined by us, and in our sole discretion. MyClickApps may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
E. The Community may not be used to discuss competitors of MyClickApps. The focus of the Community is to allow members of the Community to share insights, exchange ideas and connect online with other Users who use the MyClickApps Services, about products and services in the general marketplace.
F. Users may not use the Community to collect personal information of other Users or to solicit other Users for business.
Users may not use the Community to promote their business ventures.
XI. Intellectual Property Rights
A. parties, to the Community, without the parties’ written permission.
Users may not post copyrighted material or trademarks, belonging to other
B. If you own intellectual property and believe it is being infringed through a posting, please let us know immediately by filing a complaint as set forth in paragraph XII below. The copyright in your postings is yours (most generally). We at MyClickApps sometimes use postings in our publications, including without limitation, advertising, web sites, newsletters and the like. By Voting or posting Feedback or comments, User is giving MyClickApps a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re- publish, edit, adapt or otherwise use such postings as we see fit, including the right to sub-license or transfer it to others, in our sole discretion. User also gives us a license to deal with the postings as necessary in order to perform technical and administrative functions in running the Community and web site.
C. User also may have moral rights, so you consent to your postings being altered, edited or adapted so Company can use them under our license in any way we deem appropriate. User consents to Company not having to attribute authorship to User at all, or only attributing it to User’s registered name. Company generally attributes authorship, but that is not always possible or feasible and we can decide this on a case-by-case basis. If Company uses your posting, Company may attribute it to User’s registered name, or contact User in
order to request that User’s real name be used. Company will not publish User’s real name without permission. If User does not want to give MyClickApps a license to use your postings and do not want your postings used in this way, do not post in the Feedback or comments section. Once User has made a posting, User cannot withdraw or retract the license and consents.
D. User may not use MyClickApps' intellectual property in any way or for any purpose, at anytime, without our written permission.
E. If User believes that a posting is violating these Terms or is infringing on anyone's legal rights, please notify MyClickApps immediately at Support@MyClickApps.com. MyClickApps will investigate your allegations and take appropriate action if MyClickApps believes that action is necessary and appropriate. Such action may include removing the posting or banning the relevant User.
A. To make a formal complaint of copyright or other matter, to MyClickApps, send a signed, written letter of complaint to:
MyClickApps Community Complaints MYCLICKAPPS.COM, LLC 1521 CONCORD PIKE #301 WILMINGTON, DE 19803
B. The letter of complaint must:
1. identify the posting in issue and include a copy of the posting and the location of the posting and describe with reasonable detail the offending behavior;
2. identify the intellectual property right or other law, rule or regulation that is being infringed or violated; and
3. provide information sufficient to permit MyClickApps to contact you (e.g., email address, postal address and/or fax number).
C. To the extent your complaint involves intellectual property rights, please note that MyClickApps honors the intellectual property rights of others and asks the same of our Users. MyClickApps may, in its sole discretion, terminate the account or access right of Users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to MyClickApps' Designated Agent. If you believe that your work
has been infringed, please provide MyClickApps' Designated Agent with the following information:
1. A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works at a single online web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyClickApps to identify the material;
4. A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MyClickApps' Designated Agent may be contacted at the address provided above.
XIII. Your Personal Information
A. By registering and using the MyClickApps Services (including submitting postings), or e-mailing us, User will be supplying us with "personally identifiable information." MyClickApps collects this to administer and help Users utilize our Services, to send User a password, to contact User about postings and generally, keep in touch with User. A User’s screen name will be visible to other Users, and when registering, User can chose whether your User profile and e- mail address will be also be visible to other Users.
B. User can access and update personal information in the Profile section of the web site.
D. MyClickApps may release information concerning your use of the Community or disclosure of your personally identifiable information when MyClickApps believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), or to enforce these Terms, to protect MyClickApps' rights or property or to protect other Users of the Community from fraudulent, abusive, or unlawful actions. Further, if MyClickApps believes that an emergency involving immediate danger of death or serious physical injury to any person, requires disclosure of communications or justifies immediate disclosure of records, we will release such information.
MyClickApps does not pre-screen, verify or edit the content posted by Users in the Community. However, MyClickApps and its agents reserve the right to investigate any violation of the Terms of this Agreement and to take remedial action, as it deems appropriate. MyClickApps has the sole discretion to enforce the Terms of this Agreement, including, but not limited to, warning Users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If MyClickApps decides it is necessary to remove any content, MyClickApps may remove the entire thread and any accompanying material without notice to User(s).
XV. Delays in Services; Force Majeure
Any delays in, or failure of, performance by MyClickApps (including its officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects or occurrences beyond MyClickApps' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. MyClickApps shall have no responsibility to provide User with access to the MyClickApps web site while interruption of the MyClickApps web site, due to any such or similar cause continues.
XVI. Equipment, Operation Payment for Certain Services
A. User shall provide and maintain all telephone, Internet, ISP or other equipment necessary to access the MyClickApps web site, and the costs of any such equipment and/or internet access connections or use, including any applicable taxes, shall be borne solely by User.
B. Users are responsible for operating their own equipment and for familiarity with the information used with or available through the MyClickApps web site.
MyClickApps shall have no responsibility to provide User with alternate access to the MyClickApps web site if User access is interrupted due to a breakdown or failure of User equipment.
XVII. Warranty Disclaimer
A. User acknowledges that the information provided through the MyClickApps web site is compiled from sources that may be beyond the direct or indirect control of MyClickApps. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, User acknowledges that inaccuracies may occur and MyClickApps does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by MyClickApps for User’s personal information only and is not intended for purchasing products or services. Information on this web site does not constitute advice nor does such information include recommendations regarding particular products or services nor endorsements of such. MyClickApps shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by User in reliance thereon. MyClickApps makes reasonable efforts to obtain reliable content from all 3rd-parties, but MyClickApps does not guarantee the accuracy of or endorse the views or opinions given by any 3rd-parties or Users. The MyClickApps web site may point to other Internet web sites that may be of interest to Users, however, MyClickApps does not endorse or take responsibility for the content on such other web sites.
B. USER ACKNOWLEDGES THAT THE MYCLICKAPPS WEB SITE IS PROVIDED TO USER ON AN "AS IS, WITH ALL FAULTS" BASIS. MYCLICKAPPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON- INFRINGEMENT. FURTHER, MYCLICKAPPS DOES NOT REPRESENT OR WARRANT:
1. THAT THE MYCLICKAPPS WEB SITE WILL MEET USER REQUIREMENTS OR IS SUITABLE FOR USER NEEDS;
2. THAT THE ACCESS OR USE OF THE MYCLICKAPPS WEB SITE WILL BE ERROR-FREE; OR
3. THAT THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE MYCLICKAPPS WEB SITE OR THE RESULTS OF ANY SUCH PROCESSING WILL BE ERROR-FREE.
C. USER IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVIII. Limitation of Liability; Disclaimer of Consequential Damages
MYCLICKAPPS SHALL NOT BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THE MYCLICKAPPS WEB SITE OR ITS CONTENT. USER ALSO AGREES THAT MYCLICKAPPS (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYCLICKAPPS WEB SITE FOR ANY PURPOSE WHATSOEVER, EVEN IF MYCLICKAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF MYCLICKAPPS BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF MYCLICKAPPS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. USER ACKNOWLEDGES AND AGREES THAT MYCLICKAPPS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE MYCLICKAPPS WEB SITE OR THE ACCESS SOFTWARE. HOWEVER, USER HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS MYCLICKAPPS HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON USER’S COMPUTER EQUIPMENT, BY WHATEVER MEANS USER DEEMS MOST APPROPRIATE FOR USER’S NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYCLICKAPPS (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO USER’S
ACCESS TO, AND USE OF, THE MYCLICKAPPS WEB SITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE MYCLICKAPPS WEB SITE.
XX. Export Control
User agrees that User is not in a country where such export of information, such as that contained on the MyClickApps web site, is prohibited or that User is a person or entity to which such export is prohibited. User is responsible for compliance with the laws of User’s local jurisdiction regarding import or export of the information contained in the MyClickApps web site and its access software.
XXI. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to the MyClickApps web site, these Terms shall govern, whether such documents are prior or subsequent, to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of MyClickApps.
XXII. Attorney's Fees
If MyClickApps takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, MyClickApps shall be entitled to recover from User and User agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XXIII. Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of the State of Delaware and the United States, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, User’s access and use of the MyClickApps web site contemplated by these Terms, must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate Delaware court, and User agrees to submit to the exclusive personal jurisdiction of such court and hereby appoints the officer of such court as agent for service of process.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms and this Agreement.
XXV. Data Protection
A. MyClickApps recognizes that any data provided by User is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third-parties. Nevertheless, MyClickApps shall do what is reasonable to safeguard User data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks.
XXVI. Unsolicited Idea Submission Policy
MYCLICKAPPS DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN MYCLICKAPPS’ SERVICES OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO MYCLICKAPPS OR ANYONE ASSOCIATED WITH MYCLICKAPPS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MYCLICKAPPS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XXVII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXVIII. Contact Information
Please contact MyClickApps by sending an email to:
Support@MyClickApps.com. User may also send us mail through the US Postal Service, addressed to:
1521 CONCORD PIKE #301 WILMINGTON, DE 19803
XXIV. Entire Agreement
These Terms constitute the entire Agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.
THESE TERMS WERE LAST UPDATED ON JUNE 2, 2011.