ClikServ Acceptable Use Policy and User Agreement
This Website User Agreement (the “Agreement”) governs your use of the ClikServ system (the “System”) deployed through the online content provider site (“Content Provider”) and www.clikserv.com (collectively, the “Sites”, or individually, the “Site”). The term “ClikServ”, “us, “we”, or “our” refers to ClikServ, Inc., the owner of the Sites, or the sites being used by the Content Provider. The term “you” or “your” refers to the user or viewer of the Site. If the person using or viewing the Site is an individual working for another entity, such person is agreeing to the terms and conditions of this Agreement on behalf of the entity and certifies that he/she is an authorized agent of the entity and has all necessary authority to act on said entity’s behalf, including to bind the entity to the terms and conditions of this Agreement.
Privacy Policy
Please review our Privacy Policy available at http://www.clikserv.com/legal which is a part of this Agreement and describes how we treat your personal information.
1. Your Rights.
ClikServ grants you a non-exclusive, non-transferable, limited right to access publications, by means of purchase or donation, if Content Provider so chooses, or donate to charities or Content Provider, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
2. Copyright and Trademarks.
All materials on the Sites, including without limitation text, images, audio and video clips, databases, and other Site services and products (collectively, the “Content”) are owned or controlled by ClikServ or the Content Provider. The respective owner retains all right, title, and interest in and to its Content. The Sites and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, international treaties and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Sites or any portion thereof, for any public or commercial use without the prior written permission of the respective owners.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of ClikServ or its employees, licensors, independent contractors, providers, affiliates, charities, and Content Provider (collectively, “Affiliates”) without the prior written permission of ClikServ or the relevant Affiliates. In addition, you may not use ClikServ or the relevant Affiliates’ trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of ClikServ;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that ClikServ sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
3. Our Relationship With You.
ClikServ is not a Payment Service Provider, but provides Publisher and Charities a method in which to receive payments for publications and/or to receive donations. By registering for the Service, you appoint ClikServ as your agent to hold funds for you on your behalf, subject to the terms and restrictions of this Agreement. ClikServ will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that ClikServ is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent to disperse these funds to your designated Content Provider or Charity, and for solely this purpose.
4. Your login and password; User Infomation
To access a Site or the ClikServ system, you may be required to enter a login and password. This login and password may be used by ClikServ to identify you, but ClikServ will not disclose this information to any third-party. You are solely responsible for maintaining the confidentiality of any password you use to access a Site and other products and features, and agree that ClikServ will have no obligations with regard thereto including use of your deposited funds by an unauthorized user on the basis of login and password disclosed by you, or improperly stored by you.
The collection, use and disclosure of your personal information is addressed in our Privacy Policy. The most current copy of the policy is always available at www.clikserv.com/legal.
5. Use of ClikServ Services.
You acknowledge that you may only use the ClikServ payment or donation services as described herein. ClikServ may provide you an account, which you set up, from which you may make a payment or donation to a ClikServ designated Content Provider or charity. You may make this payment or donation through your Designated ClikServ Account and the links provided to you on the Site by way of the ClikServ software. ClikServ also provides you a method to make a direct donation to a charity or another organization of your choosing, featured on the Content Provider’s website.
6. Funding your account
Your account will be funded by you through the System, using usual payment methods including credit cards, debit cards, and through a separate payment gateway site. Collection, use and disclosure of your personal and financial data is covered by ClikServ’s Privacy Policy available at www.clikserv.com/legal. The payment gateway shall transfer money to ClikServ (“Designated ClikServ Account”) and ClikServ will then transfer the amount of money you select to the Content Provider or Charity upon your acceptance of payment, subject to ClikServ service charges and bank fees previously negotiated with the Content Provider. Any payments or donations made from your Designated ClikServ Account will be made by ClikServ within a reasonable amount of time.
7. Refunds from your account
If you choose to cancel your Designated ClikServ Account, ClikServ shall attempt to refund your unutilized funds in the same manner in which they were deposited to your account, less any applicable bank fees. After 120 days of making the deposit, ClikServ may request additional information from you in order to refund to you, using a paper check. More than 180 days of inactivity shall cause your account to be suspended, and treated in a manner consistent with the local laws.
8. Interest and Term
Your deposit with ClikServ shall not accrue any interest to your ClikServ Designated Account. ClikServ shall hold deposited funds for a period not exceeding 180 days from the date of last usage, and reserves the right to treat the unutilized funds as per local laws.
9. Links to Other Sites.
A Site may contain links and pointers to other websites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by ClikServ or its Affiliates of any third-party website or any materials contained therein. Third-party sites not owned by ClikServ or its Affiliates are not under the control of or the responsibility of ClikServ and the Affiliates and relieve them of any responsibility for the availability, accuracy, privacy policy, or currency of such third-party websites or any information, content, products or services accessible from such third-party sites.
10. Ability to Contract.
You represent and warrant to ClikServ that you are of a legal age at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use a Site in accordance with this Agreement.
11. Cookies
The Site uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you would not be able to utilize ClikServ to pay for content or donate to organizations. You shall not attempt to copy, change or alter in any manner the content of the cookies.
12. Indemnification.
You hereby agree to indemnify, defend and hold harmless ClikServ and its Affiliates from and against any and all liability and costs incurred by ClikServ or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. ClikServ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ClikServ.
13. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, OR OTHER PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CLIKSERV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLIKSERV AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. CLIKSERV DOES NOT WARRANT THAT ALL CHARITIES ARE 501(c)(3) CERTIFIED NOR THAT THE DONATION WILL BE CONSIDERED TAX DEDUCTIBLE.
14. LIMITATION OF LIABILITY.
USE OF A SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF A SITE.
UNDER NO CIRCUMSTANCES SHALL CLIKSERV OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CLIKSERV OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE A SITE, EVEN IF CLIKSERV, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
CLIKSERV WILL NOT BE LIABLE FOR CORRECT TAX DEDUCTION INFORMATION. YOU WILL BE RESPONSIBLE FOR THE DETERMINATION OF THE TAX DEDUCTION AMOUNT ALLOWED TO YOU BY LAW AND YOU WILL NOT BE RESPONSIBLE FOR 501 (c)(3) CERTIFICATION.
THE TOTAL LIABILITY OF CLIKSERV AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF A SITE. YOU HEREBY RELEASE CLIKSERV AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
15. Termination.
In addition to any other rights of the parties set forth herein, ClikServ may cancel or terminate this Agreement at any time. ClikServ also reserves the right to restrict, suspend or terminate your access to a Site it owns, or the use of ClikServ’s services, in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If ClikServ terminates this Agreement (and therefore your access to a Site ClikServ owns or are denied the use of ClikServ’s services) based on a breach of any portion of this Agreement, ClikServ reserves the right to refuse to provide access to a Site it owns, or to use ClikServ services, to you in the future.
16. Modifications
(a) To the Agreement: ClikServ has the right to modify this Agreement and any policies affecting a Site. Any modification is effective immediately upon posting to a Site or distribution to you via electronic mail or conventional mail. Your continued use of a Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of ClikServ in providing a Site, including without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with accessing a Site or products purchased through a Site,
is to cancel your subscription (if one is in place) and to stop using ClikServ.
(b) To the Site: ClikServ has the right to modify, suspend or discontinue any Site that it owns, or any portion thereof at any time, including the availability of any area of a Site. ClikServ may also impose limits on its services without notice or liability.
17. General.
This Agreement constitutes the entire agreement between you and ClikServ with respect to a Site, and supersedes all prior agreements between you and ClikServ. Failure by ClikServ to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Texas. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
