Terms and Conditions (UPDATED: March 9,2020)
We may revise and update these Terms from time to time in Our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page (https://www.clickervideo.com/terms-conditions/) so you are aware of any changes, as they are binding on you.
In addition to the terms defined in the body of these Terms, for purposes of these Terms, the following definitions apply:
“ClickerVideo” means the features and services We make available, including through: (a) Our Website, www.ClickerVideo.com, and any other ClickerVideo branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar), devices or networks now existing or later developed.
“Mobile App” means the ClickerVideo iOS/Android compatible program or bundle of programs designed for end users that runs on any device that responds to the touch of, say, a finger, stylus or other instrument by transmitting the coordinates of the touched point to a computer/touch operating system.
“Information” means facts and other information about You, including actions taken by users and non-users who interact with ClickerVideo.
“Content” means anything You or other users post on ClickerVideo that would not be included in the definition of information;
“Data” or “user data” or “user’s data” means any data, including a user’s content or information that You or third parties can retrieve from ClickerVideo or provide to ClickerVideo; “post” means post on ClickerVideo or otherwise make available by using ClickerVideo; “use” means use, copy, publicly perform or display, distribute, modify, translate and create derivative works of; “active registered user” means a user who has logged into ClickerVideo at least once in the previous 30 days.
“Us,” “we,” and “our” means ClickerVideo.com.
“You” means the user accessing or using ClickerVideo and the Website.
Registration of Your Account
ClickerVideo users provide real names and information, and We need Your help to keep it that way. You may only create one ClickerVideo account. If You select a username or similar identifier for Your account or Page that we, in Our sole discretion, deem to be inappropriate or otherwise in violation of these Terms, We reserve the right to remove or reclaim such username or similar identifier. You are solely responsible for managing Your account. Your account is nontransferable and may not be sold, combined, or otherwise shared with any other person. If You violate the permitted uses, prohibited uses, obligation or other limitations contained in these Terms, ClickerVideo may terminate Your account. If ClickerVideo terminates Your account, You cannot create a new account unless ClickerVideo grants You written permission to do so. If You commit fraud or falsify information in connection with Your use of the Site or Your account, we will immediately terminate Your account and reserve the right to hold You liable for any and all damages that We suffer, pursue legal action through relevant local and national law enforcement authorities, and notify Your Internet Service Provider of any fraudulent activity We associate with You or Your use of the Site or Your account. By registering with ClickerVideo, You consent to receive these Terms in electronic form, periodic email communications regarding Our services, new product offers, promotions and other matters and to receive email communications from other users.
Obligations and Permitted Uses of Your Account
To be able to use ClickerVideo, You agree that:
- You, Your officers, directors, employees, contractors, agents, volunteers and affiliates will comply with all applicable rules, ordinances, laws and regulations, including, without limitation, laws regarding animal health certifications and documentation required in connection with interstate transport of animals.
- You, Your officers, directors, employees, contractors, agents, volunteers and affiliates will use all reasonable care and humane treatment in the transport of animals, including, without limitation, the pet care tips and guidelines published by the American Society for the Prevention of Cruelty to Animals.
- all user information You provide to Us will be current, complete and accurate, and that You will keep Your contact information accurate and up-to-date.
- You will not provide any false personal information on ClickerVideo, or create an account for anyone other than Yourself without permission from that other person.
- You will not create more than one personal account.
- If We disable Your account, You will not create another one without Our express, written permission.
- You are an individual person at least 18 years of age.
- You will not share Your password (or in the case of developers, Your secret key), permit anyone else to have access Your account, or do anything else that might jeopardize the security of Your account.
- You will not transfer Your account to anyone without first getting Our written permission.
- You will notify Us immediately if of any unauthorized use of Your account, Username, User ID or password.
Prohibited Uses of Your Account
We do Our best to keep ClickerVideo safe, but We cannot guarantee it. We need Your help to keep ClickerVideo safe. By using or accessing ClickerVideo, You are prohibited from engaging in the following activities on ClickerVideo, You agree that You will not:
- Post unauthorized commercial communications (such as spam) on ClickerVideo or use ClickerVideo or the Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services.
- Use ad-blocking software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising, or modify or change the placement or location of any advertisement appearing on the Website.
- Attempt to probe, scan, or test the vulnerability of the ClickerVideo, the Website, any Mobile App or any associated system or network, or breach security or authentication measures without proper authorization.
- Collect users’ content or information, or otherwise access ClickerVideo, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Our prior permission.
- Engage in unlawful multi-level marketing, such as a pyramid scheme, on ClickerVideo.
- Upload viruses or other malicious code.
- Solicit login information or access an account belonging to someone else.
- Interfere or attempt to interfere with the use of ClickerVideo, the Website or any Mobile App by any other user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding” “spamming,” “mail bombing,” or “crashing.”
- Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, ClickerVideo, the Website or any Mobile App.
- Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing ClickerVideo, the Website or any Mobile App. Any violation of this section may subject You to civil and/or criminal liability.
- Bully, intimidate, or harass any user.
- Post content that: is hate speech, libelous, defamatory, threatening or pornographic; incites violence; obscene, lewd, lascivious, or contains nudity or graphic or gratuitous violence; or is generally offensive or in bad taste, as determined by us.
- Develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- Use ClickerVideo to do anything unlawful, misleading, malicious or discriminatory.
- Do anything that could disable, overburden or impair the proper working or appearance of ClickerVideo, such as a denial of service attack or interference with page rendering or other ClickerVideo functionality.
- Facilitate or encourage any violations of these Terms or Our policies.
- Make, post, make available on ClickerVideo or cause to be made, posted or made available on ClickerVideo any remarks, information, feedback or other content that is deemed defamatory or otherwise legally actionable by us, other users or third-parties.
- Circumvent Us and solicit Our users, advertisers, suppliers and other business partners to cease doing business with Us and/or terminate their business relationship with us.
- Post content or take any action on ClickerVideo that infringes or violates someone else’s rights or otherwise violates these Terms or the law.
- Use Our copyrights or trademarks
- Post anyone’s identification documents or sensitive financial information on ClickerVideo.
Mobile and Other Devices
- We currently provide Our mobile services at no additional cost (i.e., they are included in the standard service fees), but please be aware that Your carrier’s normal rates and fees, such as text messaging fees, will still apply.
- In the event You change or deactivate Your mobile telephone number, You will update Your account information on ClickerVideo within 48 hours to ensure that Your messages are not sent to the person who acquires Your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on ClickerVideo.
Intellectual Property and License Grants
- Because You own Your User Content, under the law, We need a license from You before We can allow the User Content to be posted on the Website. Accordingly, You hereby grant Us a perpetual, irrevocable, paid-up, worldwide, royalty-free, sublicensable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use all Content, data and user content in connection with the operation of ClickerVideo, the website, any Mobile App or any other similar or related business, in any medium now existing or later devised, including, without limitation, in advertising and publicity.
- ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, TRANSFERRING, SELLING, CREATING DERIVATIVE WORKS FROM OR OTHERWISE MODIFYING ANY PART OF THIS SITE WITHOUT ClickerVideo’S EXPRESS WRITTEN PERMISSION IS PROHIBITED. If You violate any part of this section, You are infringing a copyright, trademark, or other intellectual property rights and You may be subject to civil and/or criminal penalties.
- You may download, print, or save copyrighted material for Your personal use only. If ClickerVideo grants You express written permission to copy, redistribute, or publish any copyrighted material, You shall attribute the material to ClickerVideo and agree to not make any changes in or delete any trademark legend or copyright notice. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
- ClickerVideo owns or has a license to use trademarks that are located within or on the Site. These trademarks shall not be deemed to be in the public domain but rather ClickerVideo’s exclusive property, unless such mark is under license from the trademark owner, in which case such license shall be for ClickerVideo’s exclusive benefit and use.
- ClickerVideo utilizes the Google Maps API to display transport routes and other maps throughout the software. By utilizing the software you understand and agree that you are bound by the
- Google Maps/Google Earth Additional Terms of Service
- (including the
Representations and Warranties and Disclaimers
You represent and warrant that:
- You own all rights, title and interest in and to Your Content and User Content or are otherwise authorized to grant all rights and licenses provided in these Terms; and
- All Content and User Content fully complies with Our community guidelines.
- You are solely responsible for all of Your Content and User Content, including, without limitation, descriptions and profile characterizations of rescue animals. We are not responsible for the accuracy of any such Content and User Content or the consequences of any person’s reliance on such Content or User Content.
- You understand that You may be held legally responsible for damages suffered by other Website users or third-parties as the result of any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available by You on the Website.
- You may be held liable for any losses incurred by Us (including Our managers, members, employees, consultants, agents, and representatives) due to someone else’s use of Your account, Username, User ID or password.
- WE MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH OUR EXERCISE OF THE LICENSE GRANTED BY THESE TERMS.
- YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO OUR EXERCISE OF THE RIGHTS AND LICENSES GRANTED BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY.
- YOU WILL CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH OR DUE DILIGENCE WITH RESPECT TO YOUR INTERACTIONS WITH OTHER USERS OR PARTIES.
We represent and warrant that:
- WE HAVE NOT, AND DO NOT, IN ANY WAY:
- (i) SCREEN OUR USERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS OR AFFILIATES (EACH, A “USER PARTY“);
- (ii) INQUIRE INTO THE BACKGROUNDS OF ANY USER PARTY; OR
- (iii) REVIEW OR VERIFY THE STATEMENTS OF ANY USER PARTY.
- YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USER PARTIES.
- WE DO NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ANY USER PARTY.
- If We remove Your content for infringing someone else’s copyright, and You believe We removed it by mistake, We will provide You with an opportunity to appeal. If You repeatedly infringe other people’s intellectual property rights, We will, in our sole discretion, disable Your account.
You expressly agree that use of ClickerVideo is at Your sole risk. We, Our employees, agents, vendors, third-party content providers or licensors, or any of the officers, directors, employees or agents affiliated with these entities, expressly state the following:
- That this and future versions of the Website, and its content and any services or items obtained through the website, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Your use of the website, its content and any services or items obtained through the website is at your own risk. Neither ClickerVideo nor any person associated with ClickerVideo makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither ClickerVideo nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
- We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
- We hereby disclaim all liability for damages of any kind, arising out of or in connection to:
- any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available by You on the Website;
- our removal of any content or information You post on ClickerVideo if We believe that it violates these Terms or Our policies; or
- any loss that You incur because of someone else using Your account, Username, User ID or password, either with or without Your knowledge.
- THAT IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER PARTY’S CONDUCT IN CONNECTION WITH SUCH USER PARTY’S USE OF ClickerVideo, THE WEBSITE OR ANY MOBILE APP, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USER PARTIES.
- The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Reliance on Third Party Content
- Opinions, advice, statements, or other information made available by means of the Website by third-parties are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
- The Website is linked with the websites of third parties (“Third-Party Websites“), some of whom may have established relationships with Us and some of whom may not. We do not have control over the content and performance of Third-Party Websites. WE HAVE NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, WE DO NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. WE DISCLAIM, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
Assumption of Risk and Release
- WE TRY TO KEEP ClickerVideo UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ClickerVideo AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ClickerVideo WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ClickerVideo WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ClickerVideo IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIM, ACTION, LIABILITY AND/OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES OR WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- YOU ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
- You understand that ClickerVideo does not directly provide any volunteer work activities, but instead connects volunteers with organizations needing volunteer services for transportation of pets. You understand that ClickerVideo does not screen or provide background checks for the other volunteers who use ClickerVideo and that ClickerVideo does not make any representation as to the demeanor, training, temperament, or medical history of any animal to be transported.
- You acknowledge that there are potential hazards of working with animals, including injuries and disease, and agree that ClickerVideo.com is not responsible or liable for any injuries sustained during my volunteer activities, including loss, damage, or expense arising out of Your use of ClickerVideo.com. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING LIABILITY FOR ANY INJURIES AND DAMAGES THAT MAY BE RELATED TO ClickerVideo.COM’S NEGLIGENCE, AND THAT THIS WAIVER DOES NOT WAIVE LIABILITY FOR INTENTIONAL OR RECKLESS ACTS, AS SUCH CLAIMS CANNOT BE WAIVED.
- YOU AGREE TO WAIVE LIABILITY BY AND SAVE, DEFEND, AND HOLD HARMLESS FROM ANY AND ALL CLAIMS AGAINST ClickerVideo.COM AND ClickerVideo.COM, , THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.
- You understand that by agreeing to release Us, You may use and access the Website.
- We reserve the right to charge for access to the Website and use of ClickerVideo and to change Our fees from time to time in Our sole discretion. ALL PURCHASES ARE FINAL. ALL PURCHASED ClickerVideo CREDITS AND OTHER FEES PAID ARE NONREFUNDABLE. By opting for membership or paid services, You authorize us, or Our payment processor, to charge subscription fees to the credit card, debit card, or other payment method You provide, in addition to applicable sales taxes and other applicable taxes. Your use of PayPal to pay Us constitutes Your binding agreement to all applicable terms in the PayPal Terms of Services and Legal Agreements. In the event of a discrepancy pertaining to fee collection, You have 10 business days from the date of the completed charge to send notification to Us about the discrepancy, after which all charges are no longer subject to change. Our decision not to exercise any specific right or require performance of any specific obligation under these Terms, including without limitation the collection of monthly or annual fees from You, will not affect Our subsequent ability to exercise such right or require such performance at any time thereafter.
- If You violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, We can stop providing all or part of ClickerVideo to You. We will notify You of such interruption or termination of service by email or at the next time You attempt to access Your account. You may also delete Your account at any time.
- Any termination of these Terms automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use ClickerVideo, the Website and the Mobile Apps. Upon termination, We may, but have no obligation to, in Our sole discretion, rescind any services and/or delete from Our systems all Your Personal Information and any other files or information that You made available to Us or that otherwise relate to Your use of ClickerVideo, the Website and the Mobile Apps. Subsequent to termination, We reserve the right to exercise whatever means We deem necessary to prevent Your unauthorized use of ClickerVideo, the Website and the Mobile Apps, including, without limitation, technological barriers such as IP mapping and direct contact with Your internet service provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THESE TERMS WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID FEES, GOODS AND SERVICES UPON TERMINATION.
- If we, in Our discretion, take legal action against You in connection with any actual or suspected breach of these Terms, We will be entitled to recover from You as part of such legal action, and You agree to pay, Our reasonable costs and attorneys’ fees incurred as a result of such legal action. We will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of these Terms.
- Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of these Terms: Privacy; Sharing Your Content and Information; Safety; Community Guidelines; Registration and Account Security; Protecting Other People’s Rights; User Content; About Advertisement and Other Commercial Content Served or Enhanced by ClickerVideo; License (the second paragraph); Fees; Termination (paragraphs 2-4); Disputes; Indemnification; Your Interactions with Other Persons; Reliance on Third Party Content; Assumption of Risks and Releases; Limitation of Liability; Eligibility; Definitions; Notices; and Other. For clarification, termination of these Terms will not relieve You of Your obligation to pay any fees owed to us.
- At Our election, You agree to resolve any claim, suit, cause of action, proceedings or dispute (each, a “Claim“) You have with Us arising out of or relating to these Terms or ClickerVideo, the Website or any Mobile App by neutral, binding arbitration before a representative of JAMS in Pewaukee, Wisconsin unless You and We mutually agree to a different arbitrator, who will render an award in accordance with the substantive laws of Wisconsin and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator will award costs (including, without limitation, the JAMS fee and attorneys’ fees and costs) to the prevailing party.
- You agree that any arbitration will be limited to each Claim individually. To the full extent under the law, (i) no arbitration will be joined with any other arbitration; (ii) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (iii) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
- This agreement to arbitrate will not preclude You or Us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Us from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN MILWAUKEE COUNTY, WISCONSIN, AND YOU WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
- If We do not elect to resolve a Claim by arbitration, You will resolve Claim You have with Us arising out of or relating to these Terms or ClickerVideo, the Website or any Mobile App exclusively in a state or federal court located in Milwaukee County, Wisconsin. The laws of the State of Wisconsin will govern these Terms, as well as any Claim that might arise between You and us, and all Claims relating to or arising out of these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Milwaukee County, Wisconsin for the purpose of litigating all such Claims.
- ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO ClickerVideo, THE WEBSITE, ANY MOBILE APP, OR THESE TERMS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS ARE SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION.
- If anyone brings a Claim against Us (including Our members, officers and managers) related to any of the following, You will indemnify and hold Us (including Our members, officers and managers) harmless from and against all claims, demands, judgments, damages, losses, liabilities and expenses of any kind (including Our attorneys’ fees and costs) arising from or in connection with, or in any way related to: (i) Your (including Your officers, directors, employees, contractors, agents, volunteers and/or affiliates) use or inability to use ClickerVideo, the Website and/or any mobile application; (ii) the performance or failure of performance of ClickerVideo, the Website and/or any mobile application; (iii) Your (including Your officers, directors, employees, contractors, agents, volunteers and/or affiliates) use of the Internet, hardware and/or any software; (iv) Your (including Your officers, directors, employees, contractors, agents, volunteers and/or affiliates) actions or omissions to act; and/or (v) Your (including Your officers, directors, employees, contractors, agents, volunteers and/or affiliates) breach of any of Your obligations contained in these Terms and/or any of Our policies; (vi) the incompleteness or inaccuracy of any User Content, and the consequences of any person’s reliance thereon; and (vii) Your interactions with any other person (collectively, the “Indemnified Claims“). To the extent that Authorized User is an officer of an organization, then Authorized User’s agreements to hold harmless and indemnify are made in both the Authorized User’s individual and representative capacities.
- Although We provide rules for user conduct, We do not control or direct users’ actions on ClickerVideo and are not responsible for the content or information users transmit or share on ClickerVideo. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information You may encounter on ClickerVideo. We are not responsible for the conduct, whether online or offline, of any user of ClickerVideo or any such user’s officers, directors, employees, contractors, agents, volunteers and/or affiliates.
Limitation of Liability
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR SUCH DAMAGES ARE REASONABLY FORESEEABLE, WHETHER IN AN ACTION UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER THEORY: (i) USE OR INABILITY TO USE ClickerVideo, THE WEBSITE AND/OR ANY MOBILE APP; (ii) PERFORMANCE OR FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, COMPUTER VIRUS, DELAY IN OPERATION, TRANSMISSION OR DELIVERY OF ClickerVideo, THE WEBSITE AND/OR ANY MOBILE APP; (iii) THE CONTENTS OR OTHER INFORMATION CONTAINED IN ClickerVideo, THE WEBSITE AND/OR ANY MOBILE APP; (iv) ClickerVideo SERVICES; (v) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU AND/OR YOUR AUTHORIZED PERSONS; (vi) THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES; (vii) YOUR USE OF THE INTERNET, HARDWARE AND/OR ANY SOFTWARE AND/OR INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTION TO ClickerVideo, THE WEBSITE AND/OR ANY MOBILE APP; (viii) VIRUSES; (ix) THESE TERMS AND/OR ANY OF OUR POLICIES; AND/OR (x) ANY INDEMNIFIED CLAIMS.
- YOUR SOLE REMEDY FOR ANY CLAIMS AGAINST US, AND OUR AGGREGATE LIABILITY, ARISING OUT OF THESE TERMS OR ClickerVideo WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ClickerVideo’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. ClickerVideo, THE WEBSITE AND THE MOBILE APPS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using ClickerVideo, the Website or a Mobile App on behalf of a company or organization further represents and warrants that they are authorized to act and enter into contracts on behalf of that company or organization.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but We also strive to respect local laws. The owner of the Website is based in the state of Wisconsin in the United States. We provide this Website for use only by persons located in the United States and make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If You access or use this Website outside the United States, You agree to the following:
- You consent to having Your personal data transferred to and processed in the United States.
- If You are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals You will not engage in commercial activities on ClickerVideo (such as advertising or payments).
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the Website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: 1405 Capital Drive, C-206, Pewaukee, WI 53072, Attention: C.E.O.
All notices required or permitted to be given under these Terms must be in writing. We will give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from Us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON OUR SENDING OF AN EMAIL TO THAT ADDRESS. You will give any notice to Us by means of mail, postage prepaid, to 1405 Capitol Drive, C-206, Pewaukee, WI 53072, Attention: C.E.O.
- These Terms, together with all of Our policies, makes up the entire agreement between the parties regarding ClickerVideo, and supersedes any prior oral or written agreements relating to the subject matter hereof.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If We fail to enforce any portion of these Terms, it will not be considered a waiver.
- You will not transfer any of Your rights or obligations under these Terms to anyone else without Our written consent.
- All of Our rights and obligations under these Terms are freely assignable by Us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms will prevent Us from complying with the law, state or federal authorities, or court order.
- These Terms does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to You.
- You will comply with all applicable laws when using or accessing ClickerVideo.
By registering and CHECKING “I Agree,” you agree to be bound by the Terms, even if you access the website from outside of the United States of America.
To print or email a copy of these terms and conditions, click here (https://www.ClickerVideo.com/terms-conditions/).