Effective Date: October 27, 2016
IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE SERVICE AND ITS CONTENT. IF YOU HAVE INSTALLED A KLICKLE APPLICATION ON ANY MOBILE DEVICE, YOU MUST REMOVE THE APPLICATION FROM YOUR DEVICE AND CEASE ALL USE OF THE SOFTWARE.
You acknowledge that We have the right under the provisions of this Agreement, and at Our sole and absolute discretion, to terminate Your User Account, limit the number of transmissions You may send or receive through Klickle, or limit the amount of storage space, bandwidth, or other resources You may use.
4. Offers and Posts. As a User, You will be able to elect to receive certain Offers and Posts to your Mobile Device. These Offers and Posts may include certain promotions, discounts, coupons, rebates, other information and the like from our Participating Businesses and may be individually tailored to You based on your Demographic Information. PII is never collected, and will never be provided to the Participating Businesses that provide these Offers and or Posts. You have the right to elect not to receive ("Opt Out") Offers or Posts from any Participating Business at any time, for any reason. You may also be provided with a list of participating Participating Businesses. You may Opt In to receiving Offers and Posts from these Participating Businesses. Your Demographic Information may be associated with Opt In or Opt Out information and provided to our Participating Businesses. AT NO TIME WILL PARTICIPATING BUSINESSES BE PROVIDED WITH ANY PII ABOUT THE USERS. WE VALUE THE PRIVACY OF OUR USERS.
THE ACCURACY OF ANY AND ALL INFORMATION CONTAINED IN OFFERS AND/OR POSTS IS THE SOLE AN EXCLUSIVE RESPONSIBILITY OF THE PARTICIPATING BUSINESS. KLICKLE CANNOT VERIFY THE ACCURACY OF EACH INDIVIDUAL OFFER AND/OR POST. KLICKLE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR FITNESS FOR USE OF ANY OFFERS AND?OR POSTS POSTED VIA THE SERVICE OR THAT ANY THIRD PARTY WILL HONOR OR ACKNOWLEDGE ANY SUCH OFFER AND/OR POST. WE ARE NOT RESPONSIBLE FOR PROVIDING ANY VALUE FOR ANY OFFER AND/ORPOST POSTED VIA THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE CHANGE OF INFORMATION FROM ANY PARTICIPATING BUSINESS OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO OFFER AND/OR POST INFORMATION, PRICING, AVAILABILITY OR FITNESS FOR USE.
YOU UNDERSTAND THAT WE DO NOT AND CANNOT REVIEW ALL MATERIAL MADE AVAILABLE THROUGH KLICKLE, INCLUDING WEBSITES LINKED OR LINKING TO ANY PART OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICE OR ANY FUNCTIONS CONTAINED IN THE SERVICE AND CONTENT AVAILABLE VIA THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS.
AS IS DISCUSSED ELSEWHERE HEREIN IN SECTION 10, IN NO EVENT SHALL KLICKLE LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PARTICIPATING BUSINESS'S OFFERS AND/OR POSTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER KLICKLE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Limitations. This license does not include:
a. the right to download or copy information for the benefit of another merchant;
b. the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
c. the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein;
d. the right to frame or utilize framing techniques to enclose any non-owned copyrighted material, trademark, logo, or other proprietary information (including images, text, page layout, or form) of KLICKLE or any other rights holder;
e. the right to use any meta tags or any other "hidden text" utilizing the name or trademarks of any third party rights holder without their express written consent.
f. the right to use Klickle for unauthorized or unsolicited junk, bulk email, or spamming;
g. the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of Klickle;
h. right to sniff or monitor network packets; or
i. the right to engage in any of the activities prohibited in Section 6.
Engaging in any unauthorized use terminates the permission or license granted herein. Further, You explicitly agree not to:
j. Upload, store, access or transmit any information or content: (i) that You do not have the lawful right to copy, transmit, distribute, or display; (ii) that is false or misleading; (iii) that is defamatory; (iv) that is obscene, pornographic, or offensive; (v) that promotes bigotry, racism, hatred, or harm against any individual or group; or (vi) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
k. Access, tamper with, or use any non-public areas of the Services of Klickle (or its service providers') computer systems;
l. Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network;
m. Attempt to breach or otherwise circumvent any security or authentication measures used in connection with the Services or any related system, or network, including accessing or searching the Services by any means other than Klickle's publicly supported interfaces;
n. Attempt to decipher, decompile, disassemble, or reverse engineer any of the Software used to provide the Services;
o. Harm or threaten to harm other users in any way;
p. Interfere with, or attempt to interfere with, the Service or the access of or use of the Service by any user, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
q. plant malware or otherwise use the Services to distribute malware;
r. Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
s. Impersonate or misrepresent Your affiliation with any person or entity, including "spoofing" or "phishing";
t. Violate any applicable law or regulation; or
u. Encourage or enable any other individual to do any of the foregoing.
6. Prohibited Uses and Activities. We may allow Users to post content, reviews, and other material to Klickle during the use of the License ("Post" or "Posting"). In this process, We consider certain User activity to be strictly prohibited. You agree to obey all applicable rules and regulations in using Klickle, and agree that You are responsible for the contents of your submissions or communications through Klickle. You further agree not to use Klickle in any manner that would violate any other Federal, State or local law. Without limiting the foregoing, We expressly consider the following constitute prohibited uses of Klickle:
a. Slander, Libel, Tortuous Interference with a Business: Using Klickle to Post any material that slanders or otherwise disparages any other person or business.
b. Copyright, Patent or Trademark Infringement: Using Klickle to Post any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any rights holder without their express authorization, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of digital or other photographs from magazines, books, or other copyrighted sources, the digitization and distribution of any other form of copyrighted image or trademark, and the unauthorized transmittal of any other form of intellectual property. All content, compilation of content, and software included or used on Klickle, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is Our property or the property of Our content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without Our express written permission. This Agreement does not transfer to You any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us or the content supplier. Any trademarks, service marks, graphics and logos used in connection with Klickle may be Our trademarks or the trademarks of third parties. Your use of Klickle grants you no right or license to reproduce or otherwise use any such trademarks, copyrights or patents.
c. Violation of the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) (DMCA): Using Klickle to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
d. Unlawful Use: Using Klickle in any manner that violates local, state or federal law, including without limitation using Klickle to transmit any material whose transmission is unlawful under any local, state or federal law applicable to such transmission.
e. Harm to Minors: Using Klickle to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
f. Threats: Using Klickle to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
g. Harassment and Cyberbullying: Using Klickle to transmit any material (by e-mail or otherwise) that harasses another under any Federal, State or local law.
h. Fraudulent Activity: Using Klickle to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes", unregistered sales of securities, securities fraud and "chain letters."
i. Forgery or Impersonation: Using Klickle to deceive or mislead through the addition, removal or modification of identifying network, message or article header information or otherwise.
j. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using Klickle in any way to transmit or to facilitate the transmission of any unsolicited commercial e-mail or unsolicited bulk e-mail.
k. Collection of Personal Data: Using Klickle to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.
7. Reporting Copyright Violations. If You are believe that a User of Klickle has violated or is violating Your copyright rights due to that user's illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the DMCA ("DMCA Notice") by providing our Copyright Agent (identified below) with the following information in writing:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to 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 the Bidder to locate the material;
d. information reasonably sufficient to permit the user to contact You, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if You fail to comply with all of these requirements, Your DMCA Notice may not be valid. Our designated Agent to receive notifications of claimed infringement is:
Attorney and Designated Agent for KLICKLE LLC
Davis Brown Law Firm
215 10th Street, Ste. 1300
Des Moines, Iowa 50309
Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA claim. You may be liable for damages, including court costs and attorneys fees if you materially misrepresent that content on Klickle constitutes copyright infringement. We will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to your claim and ask that the content at issue be restored. Upon receiving your notification of alleged copyright infringement, as set forth above, We will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. In accordance with the DMCA, We have implemented a policy to terminate, when appropriate, access to Klickle of any repeat infringer.
8. Intellectual Property. All right, title and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to KLICKLE or its licensors, and You shall have no rights whatsoever in any of the foregoing. By using the Service, You are granting Klickle a non-exclusive license to any and all content which You provide to the Service, including but not limited to any Offers, feedback, suggestions, ideas, bulletins or other content. You acknowledge that the Service constitutes a valuable trade secret and/or are the confidential information of KLICKLE or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to You any ownership interest in the Service. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Intellectual Property") are the property of KLICKLE, its licensors, or applicable third party rights holders (such as the Participating Businesses), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Intellectual Property is copyrighted as individual works and as a collective work under the Copyright laws and international treaty provisions, and KLICKLE owns a Copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Intellectual Property, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Intellectual Property, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and Service provided pursuant to these Agreement may cause KLICKLE and its licensors irreparable injury, which may not be remedied at law, and You agree that KLICKLE and its licensors' remedies for breach of these Agreement may be in equity by way of injunctive or other equitable relief.
10. DISCLAIMER OF SERVICE, APPLICATION AND WEBSITE WARRANTIES AND WAIVERS. ANY APPLICATION OR WEBSITE PROVIDED FOR USE WITH THE SERVICE (COLLECTIVELY "KLICKLE") IS PROVIDED "AS IS." WE MAKE NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. WE DO NOT WARRANT THAT ANY APPLICATION IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. YOU UNDERSTAND THAT WHEN USING ANY APPLICATION, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. WE ARE NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO USER SUBMISSIONS.
WE HAVE NOT REVIEWED, AND CANNOT REVIEW, ALL OF THE MATERIAL, INCLUDING LINKS TO COMPUTER SOFTWARE, POSTED TO KLICKLE BY WAY OF ANY WEBSITE OR OTHER NETWORK SERVICE, AND CANNOT THEREFORE BE RESPONSIBLE FOR THAT MATERIAL'S CONTENT, USE OR EFFECTS. BY OPERATING KLICKLE, WE DO NOT REPRESENT OR IMPLY THAT IT ENDORSES THE MATERIAL THERE POSTED, OR THAT IT BELIEVES SUCH MATERIAL TO BE ACCURATE, USEFUL OR NON-HARMFUL. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT. FOR THIS REASON, KLICKLE MAY TEMPORARILY CONTAIN CONTENT THAT IS OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AS WELL AS CONTENT CONTAINING TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES, AND OTHER ERRORS. KLICKLE MAY ALSO CONTAIN MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS OF KLICKLE, OR FROM ANY DOWNLOADING BY THOSE VISITORS OF CONTENT THERE POSTED.
WITHOUT LIMITING THE FOREGOING, WE NOTE THE FOLLOWING: WE DO NOT INVESTIGATE, EXAMINE OR OTHERWISE REVIEW THE SERVICE'S USERS IN ANY MANNER. WITHOUT LIMITING THE FOREGOING: WE DO NOT ENGAGE IN ANY CRIMINAL BACKGROUND CHECKS; AND WE DO NOT CHECK REFERENCES OR THE VERACITY OF ANY STATEMENT MADE ON THE SERVICE OR OTHERWISE. YOU AGREE TO INDEMNIFY AND HOLD KLICKLE HARMLESS FROM ANY CLAIM OR DEMAND ARISING FROM ANY EVENTUAL TRANSACTION INVOLVING YOU AND A PARTICIPATING BUSINESS, INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CIVIL OR CRIMINAL ACTION ARISING AS A RESULT OF THAT TRANSACTION. THE PARTICIPATING BUSINESSES LISTED BY KLICKLE THAT OFFER, PROVIDE, OR ADVERTISE THROUGH THIS WEBSITE, ARE NOT EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURERS, OR AFFILIATES OF KLICKLE. KLICKLE DOES NOT CONTROL THEIR REPRESENTATIONS, SERVICES, ACTIONS, OR PERFORMANCE. KLICKLE DOES NOT RECOMMEND OR ENDORSE ANY ONE PARTICIPATING BUSINESS. ANY GUARANTEES, WARRANTIES AND REPRESENTATIONS MADE BY PARTICIPATING BUSINESSES DO NOT CONSTITUTE THE GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF KLICKLE, AND KLICKLE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION PROVIDED BY ANY PARTICIPATING BUSINESS OR USER. KLICKLE DOES NOT GUARANTEE, WARRANT, ENDORSE, DEFEND, INVESTIGATE, OR SUPERVISE THE PERFORMANCE, REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY PARTICIPATING BUSINESS OR USER, NOR DOES KLICKLE GUARANTEE, WARRANT OR REPRESENT THAT A PARTICIPATING BUSINESS WILL HONOR ANY INDIVIDUAL OFFER. IF YOU ENTER INTO A TRANSACTION WITH A PARTICIPATING BUSINESS, YOUR RIGHTS ARE GOVERNED BY THAT TRANSACTION AGREEMENT AND BY ANY APPLICABLE STATE AND FEDERAL LAW. IN ANY EVENT, KLICKLE IS NOT A PROPER PARTY TO ANY DISPUTE THAT MAY ARISE BETWEEN USERS AND WEBSITE USERS.
a. ANY LIABILITY, LOSS, DAMAGES (INCLUDING PUNITIVE DAMAGES), CLAIM, SETTLEMENT, PAYMENT, COST, EXPENSE, INTEREST, AWARD, JUDGMENT, DIMINUTION OF VALUE, FINE, FEE, PENALTY, OR OTHER CHARGE ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE SERVICE OR ANY TRANSACTION FACILITATED THEREBY.
b. ANY COURT FILING FEE, COURT COST, ARBITRATION FEE OR COST, WITNESS FEE, AND EACH OTHER COST AND EXPENSE OF INVESTIGATING AND DEFENDING OR ASSERTING ANY CLAIM FOR INDEMNIFICATION UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND OTHER PROFESSIONAL COSTS.
11. Applicable Law. By using Klickle, You agree that any disputes concerning or involving this Agreement, or the use of Klickle, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of Klickle.
12. Amendment. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME, BY POSTING TO KLICKLE SAID AMENDED AGREEMENT, YOUR USE AND CONTINUED USE OF KLICKLE IS DEEMED AN AGREEMENT TO BE BOUND BY ANY SUCH AMENDMENTS.
13. Limitations on Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF KLICKLE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.
14. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without Our express written permission, which may be denied for any or no reason. We may assign our rights under this Agreement without Your consent and without notice to You.
15. Links and Third Party Applications. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Applications and webpages to which the Application links, and that link to the Application, and that have been posted to other services through the Application. We do not have any control over those Applications and webpages, and are not responsible for their contents or their use. By linking to a Application or webpage, We do not represent or imply that it endorses such Application or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
17. Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in this Agreement, and to abide by and comply with this Agreement. In any case, You affirm that you are over the age of 13, as Klickle is not intended for children under 13. If You are under 13 years of age, You may not use Klickle.
18. Your Account Security. When You create a User Account on Klickle, You are responsible for maintaining the security of Your User Account, and You are fully responsible for all activities that occur under that User Account. You must immediately notify Us of any unauthorized uses of your User Account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
19. Termination. We may terminate Your access to all or any part of Klickle at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your User Account, You may simply discontinue using Klickle. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.