CLIQ Terms & Conditions
1. Here is what you are accepting:
The CLIQ Terms & Conditions(“Terms & Conditions”) constitute a legally binding agreement between CLIQ Inc., a Delaware corporation (“CLIQ”), the owner and operator of
www.le-cliq.com, www.thecliqapp.com the CLIQ Mobile Platform or Application and all of the services, assets and content managed by CLIQ (hereafter, collectively referred to as the “CLIQ Service”), and you (“you” or “user”), the user of the CLIQ Service. BY USING THE CLIQ SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING WWW.LE-CLIQ.COM, WWW.THECLIQAPP.COM OR DOWNLOADING THE CLIQ MOBILE PLATFORM OR APPLICATION), YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND THE
2. CLIQ Services Overview
The Terms & Conditions apply to all users of the CLIQ Service. Information provided by our users through the CLIQ Service may contain references to third party websites (such as links or embedded media), that may not be owned or controlled by CLIQ. CLIQ has no control over posting of such links and does NOT assume any responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CLIQ will not and cannot censor or edit the content of any third-party site. By using the CLIQ Service, you expressly acknowledge and agree that CLIQ shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. In other words, please be cautious when engaging in conversations or relations to strangers. If a CLIQ or user invites you to a third party website, location or engagement, use your discretion.
3. Use of the CLIQ Service:
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the CLIQ Service in a manner that sends more request messages to the CLIQ servers in a given period of time than a human can reasonably produce in the same period by using the CLIQ Service, and you are forbidden from copying or stealing any content within the CLIQ Service unless specifically allowed. All content with or submitted to the CLIQ Service remains the solely and exclusive property of CLIQ.
Notwithstanding the foregoing, CLIQ grants the operators of public search engines permission to use spiders to copy materials from public facing elements of the CLIQ Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CLIQ reserves the right to revoke these exceptions either generally or in specific cases. CLIQ allows the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, and does not allow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by users. CLIQ does not allow the use of request modification tools such as fiddler or whisker, or the like or any other such tools or activities that are meant to explore or harm, penetrate or test the site. You must secure written consent from CLIQ before you measure, test, health check or otherwise monitor any of CLIQ’s network equipment, servers or assets hosted on its domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the CLIQ Service for any unsolicited commercial e-mail transmission. You agree not to spam, or solicit for commercial purposes, any users of the CLIQ Service. In exchange you acknowledge and agree to the specified time that CLIQ will store all media on the database. You also agree that CLIQ may make changes to the specified time information as stored on the CLIQ databases.
4. Intellectual Property Rights
All aspects of the CLIQ Service, including, without limitation, the design of CLIQ Service and its component parts (including the CLIQ Mobile Platform), CLIQ created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CLIQ and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All “Business Entities” leveraging CLIQ for advertising are protected by their existing Intellectual Property Rights documents. “Business Entities” are defined as; Retail Partners, Corporate Brands and legal established business entities. CLIQ reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the CLIQ Service from CLIQ or its “Business Entities” other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the CLIQ Service for any commercial purposes.
5. What are your Content Rights
You retain your rights to any content you submit (namely written text, images or video footage) (hereafter, “Content”), post or display on or through the CLIQ Service. However, by submitting, posting or displaying Content on or through the CLIQ Service, you grant CLIQ a worldwide, nonexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any Content in any and all media or distribution methods (now known or later developed). This basically means that CLIQ has the right to make use of your Content in whatever form, including for commercial, marketing and promotional purposes. You further agree that this license includes the right for CLIQ to provide, promote, and improve the CLIQ Service and to make Content submitted to or through the CLIQ Service available to other companies, organizations or individuals who partner with CLIQ for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such. By submitting Content, you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. CLIQ Groups
The CLIQ Service makes it easy for you build your CLIQ based on friends, interests and various social engagements. By building your CLIQ, you are acting as the administrator of said CLIQ, including by adding and removing other CLIQ users from your CLIQ. In so doing, you agree that:
BY ADDING ANY USER OF THE CLIQ SERVICE TO YOUR CLIQ GROUP, YOU REPRESENT AND WARRANT TO CLIQ THAT EACH CLIQ USER YOU ADD TO A GROUP HAS CONSENTED TO BE ADDED TO THE CLIQ AND TO RECEIVE ADMINISTRATIVE MESSAGES FROM CLIQ AND TEXT MESSAGES FROM YOU AND ANYONE ELSE IN THE CLIQ.
SHOULD ANY USER REQUEST TO BE REMOVED FROM THE CLIQ, YOU WILL PROMPTLY COMPLY WITH ANY SUCH REMOVAL REQUEST.
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS BY ANY MEMBER OF YOUR CLIQ ARISING OUT OF OR RELATED TO YOUR ACTIVITIES AS ADMINISTRATOR OF THE CLIQ.
As a user of the CLIQ Service, you will be able to create a Huddle or be invited to a Huddle. In the huddle you consent to engage in a “private” conversation as the creator of the huddle or the recipient of a huddle invitation. You acknowledge and agree that the Huddle is solely a venue provided by CLIQ and CLIQ has no responsibility or liability for any communications made by you, other users, or outside parties via the huddle. You, as the user, agree not to post any “offensive material” including any dangerous plots against individual or government. Free speech is encouraged without causing harm or endangerment to any person or being. Any posts that are determined by CLIQ in its sole discretion to be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, or intended to impersonate or intimidate any person shall constitute a violation of the Terms & Conditions. CLIQ also does NOT endorse any type of sexting or cyber bullying. Any user demonstrating such behavior will be removed from the CLIQ platform without notice.
8 . CLIQ Plus
CLIQ offers you the ability to create and be part of a CLIQ of 16 or more users in exchange for payment of the requisite fee (see [INSERT HYPERLINK] for fee information). By purchasing this option for additional users, you consent the transaction process outlined in the application. As part of this transaction, you must agree to the terms of the 3rd party billing partner of CLIQ in addition to any additional rules and requirements mandated by CLIQ. CLIQ is not responsible for any theft, misuse or errors in transactions due to your conduct or the activities of the 3rd party billing partner.
As part of the CLIQ Service, users will receive Goodies which are targeted advertisements or offerings based on the interests of the CLIQ. If you voluntary select or click on the Goodie, you will be redirected to a third party website offering the subject deal or offer and your interactions with such third party website shall be solely governed by the terms, conditions and privacy policies of such third party website. CLIQ disclaims any and all responsibility for fulfillment of these “deals”, “offers” and “transactions” by third party websites.
Any Content shared by users is not representative of CLIQ opinions including its employees. Links and other media may be submitted by users via the CLIQ Service, none of which are endorsed by nor affiliated with CLIQ. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms & Conditions.
11. Modifications to CLIQ Service and Terms & Conditions
CLIQ reserves the right to modify, limit, suspend or terminate any and all services offered on or through the CLIQ Service (or any feature thereof) for any reason, without notice, at any time. CLIQ reserves the right to alter the Terms & Conditions or other CLIQ policies at any time, so please review the policies frequently. You should regularly review the Terms & Conditions as posted on this web page to check for amendments and modifications. You understand and agree that if you use the CLIQ Service after the date on which these amendments or modifications have been applied to the Terms & Conditions, CLIQ will treat your continued use of the CLIQ Service as acceptance of the updated Terms & Conditions. You may not amend or modify the Terms & Conditions and your obligations thereunder at any time without our prior written consent.
12. Mobile Platform Support
You acknowledge that the CLIQ platform is available on the iOS platform until specified otherwise on www.le-cliq.com or www.thecliqapp.com. Any “duplication”, “pirating” or false adverting of CLIQ on any other mobile platform, unless otherwise specified, is a breach of the terms in this agreement. You agree that CLIQ nor its affiliates or partners are responsible for any data/voice usage or associated charges incurred by the usage of the CLIQ Service or any portion. As the user, YOU are responsible for managing your service plan in according to usage. CLIQ and its affiliates and partners disclaim any and all responsibility for such usage or associated charges.
13. LIMITATION OF LIABILITY
NEITHER CLIQ NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY 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 CLIQ HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE CLIQ SERVICE. UNDER NO CIRCUMSTANCES WILL CLIQ OR ITS AFFILIATES’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO CLIQ FOR SERVICE OR $1.00. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
14. NO WARRANTIES
CLIQ PROVIDES THE CLIQ SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CLIQ SERVICE IS AT YOUR SOLE RISK AND THAT CLIQ DOES NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE CLIQ SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE CLIQ SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE CLIQ SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE CLIQ SERVICE WILL BE CORRECTED. CLIQ SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CLIQ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO INDEMNIFY AND HOLD CLIQ HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST CLIQ OR ITS OFFICERS, DIRECTORS OR EMPLOYEES. ARISING FROM OR RELATED TO YOUR ACTIVITES OR CONDUCT ON OR THROUGH THE CLIQ SERVICE.
16. Governing Law & Exclusive Forum
The Terms & Conditions will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You acknowledge and agree that any disputes, actions, claims or causes of action arising out of or in connection with the Terms & Conditions or the CLIQ Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. You agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or a United States District Court located in Los Angeles, California in relation thereto. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the CLIQ Service from and even if you are accessing the CLIQ Service from outside of the United States of America.
18. CONTACT US
If you have any questions regarding the Terms & Conditions, please contact CLIQ at firstname.lastname@example.org
The Terms & Conditions were last updated on February 6, 2014