Last updated: October 15, 2008
By accessing, viewing, downloading or otherwise using Cliqset or any webpage or feature available through Cliqset, or by clicking "I Agree To Be Bound By These Terms of Use" during the registration process, you conclude a legally binding agreement with Cliqset, Inc., 1450 Flagler Avenue, Suite #3, Jacksonville, FLorida 32207, USA based on the terms of these Cliqset Terms of Use ("Agreement"). If you are using Cliqset on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT click "I Agree To Be Bound By These Terms of Use" and do not access, view, download or otherwise use any Cliqset webpage, information or services.
The terms and conditions below describe the terms applicable to your use of Cliqset applications or the installation and/or use of certain applications which use the Cliqset Application (as defined below) to access certain information about you that is available from any webservice or application using the cliqset.com domain name (the "Cliqset Site") or to retrieve authorized data from third-party sites for use on the Cliqset Site.
The "Cliqset Application" is a set of application programming interfaces (APIs) and services provided by Cliqset which makes your information available to Applications you choose to share your information with pursuant to your permission settings.
(a) License and warrant your submissions: You are not required to submit anything to us, but if you choose to submit information, including Contact Information, your submission is made pursuant to this Agreement, and you thereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Cliqset to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. Notwithstanding the foregoing, Cliqset will not utilize your information in a way that is inconsistent with the Cliqset Privacy Policy. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential unless indicated as such, and not in violation of any contractual restrictions or other third party rights. Cliqset exercises no control over any information you or others submit when using Cliqset. Note that we describe our current practices related to personally identifiable information collected through Cliqset in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
(b) Service Eligibility. You represent and warrant that you (a) are not under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21); (b) have not previously been suspended or removed from Cliqset; (c) are not a direct competitor of Cliqset; (d) do not have more than one Cliqset account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Cliqset.
(c) Password Security: It is your responsibility to keep your password confidential. You are responsible for everything that happens through your account.
(d) Your Permission Settings: You may revoke or modify your permission for Cliqset to provide Cliqset Site Information to Developers or Social Networking Applications at any time through the means provided in your privacy settings. It is your responsibility to ensure you keep these permissions current and you must notify Cliqset at if you experience any problems maintaining the permission settings appropriately.
(e) Information That May Be Provided to Developers, Social Networking Applications or Advertisers. In order to allow you to use and participate in Social Networking Applications created by Developers ("Social Networking Applications"), you must agree to allow Cliqset, from time to time, to provide Developers, Social Networking Applications or Advertisers access to the following information (collectively, the "Cliqset Site Information"):
(i) any anonymous, general information provided by you which excludes your Contact Information, and
(ii) the user ID associated with your Cliqset Site profile.
(a) Developer�s Applications. When you install a Social Networking Application, you understand that such Developer�s Social Networking Application has not been approved, endorsed, or reviewed in any manner by Cliqset, and we are not responsible for your use of or inability to use any Developer�s Social Networking Applications, including without limitation the content, accuracy, or reliability of such Developer�s Social Networking Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER�S SOCIAL NETWORKING APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer�s Social Networking Applications. Those terms and/or policies may give Developers rights with respect to your Cliqset Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
(b) Developer Agreement. Before providing any information to any Developer or Social Networking Application through the Cliqset Application, Cliqset requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Cliqset Site Information. Our standard Developer Agreement consists of the Cliqset Developer Terms of Service. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Cliqset privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms from time to time. However, Cliqset cannot guarantee that each Developer will comply with its contractual requirements, and Cliqset does not assume any liability or responsibility for any of Developer's actions, Social Networking Applications or websites, or for enforcing any Developer Agreement against any Developer.
(c) Cliqset Applications. The Cliqset Application is made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Cliqset Application, reproduce or modify any Cliqset Application, or use any Cliqset Application for any commercial purpose, you must obtain Cliqset 's prior written consent. Cliqset may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Cliqset Applications.
(d) Cliqset Terms of Use. You understand and agree that your use of any Developer�s Social Networking Application is subject to, and you agree to comply with, all terms and conditions of this Cliqset Site Terms of Use, including without limitations all disclaimers and limitations of liability contained herein. All restrictions on user conduct set forth in this Agreement, also apply to your use of and all information and content you provide on or through any Developer�s Social Networking Application, and to your conduct in using any Developer�s Social Networking Applications; and
(e) Ownership of Intellectual Property. You acknowledge that Developers or Cliqset or its licensors own all right, title and interest in and to any and all Developer�s Social Networking Applications, portions thereof, and/or content or software provided through or in conjunction with any such applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Cliqset 's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any such applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any such applications.
As a condition to access Cliqset, you agree to strictly observe the following rules:
You must comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; provide accurate information to us; review the Privacy Policy; review and comply with policies which currently are or may be posted at a later date on cliqset.com as well as notices sent by Cliqset to you concerning Cliqset.
You must not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Cliqset (excluding content posted by you) except as permitted in the Agreement;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Cliqset, or any part thereof;
include information in your profile or in updates to your profile which reveals your identity such as an email address, phone number or address or is confidential in nature;
utilize information, content or any data you view on and/or obtain from Cliqset to provide any service that is competitive, in Cliqset�s sole discretion, with Cliqset;
imply or state, directly or indirectly, that you are affiliated with or endorsed by Cliqset unless you have entered in to a written agreement with Cliqset;
adapt, modify or create derivative works based on Cliqset or technology underlying the services provided by Cliqset, in whole or part;
rent, lease, loan, trade, sell/re-sell access to Cliqset or any information therein, or the equivalent, in whole or part;
access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the site;
use automated methods to add contacts, send messages or other permitted activities;
access, via automated or manual means or processes, Cliqset for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
engage in "framing," "mirroring," or otherwise simulating the appearance or function of Cliqset�s website;
attempt to or actually access Cliqset by any means other than through the interface provided by Cliqset;
attempt to or actually override any security component included in or underlying Cliqset;
engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
remove any copyright, trademark or other proprietary rights notices contained in or on Cliqset, including those of both Cliqset or any of its licensors;
remove, cover or otherwise obscure any form of advertisement included as part of Cliqset;
use any information obtained from Cliqset to harass, abuse or harm another person;
collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Cliqset except as expressly permitted in the Agreement or the owner of such information may expressly permit;
interfere with or disrupt Cliqset, including but not limited to any servers or networks connected to Cliqset, or disobey any requirements, procedures, policies or regulations of networks connected to the Cliqset;
use or attempt to use another's account without proper authorization, or create a false identity on Cliqset;
infringe or use Cliqset�s brand, logos and/or trademarks, including, without limitation, using the word "Cliqset" in any business name, email, or URL or including Cliqset�s trademarks and logos on any website without authorization;
upload, post, email, transmit or otherwise make available or initiate any content that:
falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Cliqset;
includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Cliqset or any user of Cliqset;
forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the services provided by Cliqset; and/or
adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field).
(a) ALL APPLICATIONS DESCRIBED HEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CLIQSET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLIQSET FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY APPLICATIONS DESCRIBED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY SUCH APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY SUCH APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(b) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS CLIQSET AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT CLIQSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY CLIQSET APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY CLIQSET TO ANY DEVELOPER, SOCIAL NETWORKING APPLICATION OR ADVERTISER; OR (C) ANY USE BY ANY DEVELOPER, SOCIAL NETWORKING SITE OR ADVERTISER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Cliqset or any of our affiliates related to the subject matter hereof. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida located in Duval County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida located in Duval County.
YOU AND CLIQSET AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE CLIQSET APPLICATION SHALL BE CONFIDENTIAL, FINAL AND BINDING ARBITRATION IN JACKSONVILLE, FLORIDA, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, trade secret rights or other intellectual property rights, or you have otherwise violated any provisions set forth in this Agreement, then the parties acknowledge that injunctive or other appropriate relief may be sought in any court of competent jurisdiction.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE CLIQSET APPLICATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Cliqset Application, the Cliqset Site, be instituted more than three (3) years after the cause of action arose.
(a) Termination. You may terminate the Agreement at any time, for any or no reason, with notice to Cliqset. Cliqset may terminate the Agreement at any time for any or no reason, with or without notice. Termination of your service with Cliqset includes disabling your access to Cliqset.
(b) Amendments or Modifications. Cliqset reserves the right to modify these Cliqset Terms of Use at any time, in its sole discretion. If Cliqset elects to modify this Agreement, Cliqset will post a change notice or a new agreement on the Cliqset Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR CLIQSET TO PROVIDE CLIQSET SITE INFORMATION TO DEVELOPERS, SOCIAL NETWORKING APPLICATIONS OR ADVERTISERS. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
(c) Severability. If any provision of the Agreement is found to be invalid or unenforceable under the laws of a particular jurisdiction, such provision shall be interpreted so as to give the maximum effect to its intended purpose, and this shall not affect the validity or enforceability of any other provision of the Agreement.
(d) Notices. We may notify you via postings on cliqset.com or via email or any other communications means you provide to us. You may notify us only via regular mail to: Cliqset, Inc., 1450 Flagler Avenue, Suite #3, Jacksonville, FL 32207.
(e) Entire Agreement. His Agreement constitutes the entire, complete and exclusive agreement between you and Cliqset regarding utilization of the Cliqset site and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(f) Waiver of Breaches. Our failure to act with respect to a breach of this Agreement does not waive our rights to act with respect to that breach or a subsequent similar or other breaches.