KlickFu - Terms of Use

Terms of Use

Introduction

Welcome to KlickFu.com (“Site”), the website of KlickFu Inc. Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to KlickFu Inc. and its affiliates and subsidiaries (individually and collectively, “KlickFu”).

By using the Site, software or purchasing any products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. KlickFu has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. You can find the latest version of these Terms of Use at http://www.klickfu.com/terms at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at KlickFu. To better protect your rights we have provided the KlickFu Privacy Policy to explain our privacy practices in detail.

Use of KlickFu Software

KlickFu software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of KlickFu. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties, Disclaimers and Limitation of Liability

The Site and all content and materials on it are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, KlickFu disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.

Without limiting the foregoing, KlickFu does not represent or warrant that:

the Site will be accurate, reliable, uninterrupted, secure or error-free;
defects in the Site will be corrected;
the Site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY. IN NO EVENT SHALL KLICKFU, ITS AFFILIATES, ITS LICENSORS OR THE KLICKFU STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU;
ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND
ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS' WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (C) ANY OF YOUR TRANSACTIONS WITH MERCHANTS.

THE LIMITATIONS ON KLICKFU'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT KLICKFU, ITS AFFILIATES OR THE KLICKFU STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF KLICKFU FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF KLICKFU, THE KLICKFU STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

Term of Use

These Terms of Use are effective until terminated by either you or KlickFu as set out below. You may terminate your agreement with KlickFu at any time by ceasing to use the Site and destroying the User Materials together with all copies thereof.

KlickFu may terminate its agreement with you at any time if you have breached any term or condition of these Terms of Use. In such event, no notice shall be required by KlickFu to effect such termination. Upon termination of these Terms of Use, you agree to cease using the Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to KlickFu at your expense.

Third Party Sites

The Site includes hyperlinks to other websites and content and introduces you to various third party merchants (“Merchant(s)”) whose products and services may be purchased on the Merchants' websites.

Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. KlickFu has no control over such third party websites and the inclusion on the Site of a hyperlink to any third party website is not an endorsement by KlickFu of such website, or to any content, products or services available on it.

You acknowledge and agree that:

The product information and pricing that is shown on the Site regarding third party products and services is given to KlickFu by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at anytime.

KlickFu is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Site. KlickFu does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants websites, nor any listing or other content about such products and services displayed on the Site; (v) links to the Merchants' websites that are featured on the Site.

Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

Online Behavior

Please exercise respect when participating in any of KlickFu's community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of KlickFu Software (“User Materials”). You may not submit or publish through KlickFu any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party.

Furthermore, you may not submit or publish User Materials through KlickFu that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant KlickFu a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sublicensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, KlickFu and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

You acknowledge and agree that: (i) by using the Site you may be exposed to content that you may find offensive or indecent and you use the Site at your own risk; (ii) you are solely responsible for, and KlickFu has no responsibility to you or any third party for any User Materials that you create, submit, post or publish on the Site; and (iii) KlickFu is not responsible for any User Materials that you may have access to through your use of the Site, and all User Materials are the responsibility of the person from whom such User Materials originated.

You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If KlickFu receives any notification that any Third Party Content or any User Materials that you post or use are inappropriate, infringes any rights of any third party, or if KlickFu wishes to remove any Third Party Content or User Materials posted by you for any reason whatsoever, KlickFu reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by KlickFu in its sole discretion. The content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that KlickFu is under no obligation to put back such content at any time.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the KlickFu Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of KlickFu. KlickFu shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to KlickFu will not be treated as confidential and KlickFu shall not be liable for any disclosure of the Submissions.

Accounts and Security

KlickFu does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and user name (“User Name”). You shall provide KlickFu with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. Only chose a User Name that you have a right to use and don't include someone else's trade marks in your User Name. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that KlickFu, in its sole discretion, deems inappropriate or offensive.

You shall notify KlickFu of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at KlickFu's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Jurisdictional Issues

This Site is controlled and operated by KlickFu. KlickFu makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold KlickFu, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and KlickFu agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws of the state of California, USA, and shall be subject to the jurisdiction of the courts of the state of California.

Trademarks

KlickFu™, associated trade marks and logos and the “K” symbol are trade marks of KlickFu Inc. KlickFu's trade marks and trade dress may not be used in connection with any product or service that is not KlickFu's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KlickFu. All other trade marks not owned by KlickFu or any of its related companies that appear on this site are the property of their respective owners.

Copyright

The content and compilation of content included on KlickFu's website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of KlickFu Inc. and are protected by United States and international copyright laws.