Terms Of Site – Gratisklik

TERMS OF SITE

The following terms and conditions govern all use of the

gratisklik.com website and all content, services and products available at or

through the website (taken together, the Website). The Website is owned and

operated by Gratisklik (“Gratisklik”). The Website is offered subject to your

acceptance without modification of all of the terms and conditions contained

herein and all other operating rules, policies (including, without limitation,

Gratisklik’s Privacy Policy) and procedures that may be published from time to

time on this Site by Gratisklik (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or

using the Website. By accessing or using any part of the web site, you agree to

become bound by the terms and conditions of this agreement. If you do not agree

to all the terms and conditions of this agreement, then you may not access the

Website or use any services. If these terms and conditions are considered an

offer by Gratisklik, acceptance is expressly limited to these terms. The

Website is available only to individuals who are at least 18 years old.

Your gratisklik.com Account and Site. If you create a

blog/site on the Website, you are responsible for maintaining the security of

your account and blog, and you are fully responsible for all activities that

occur under the account and any other actions taken in connection with the

blog. You must not describe or assign keywords to your blog in a misleading or

unlawful manner, including in a manner intended to trade on the name or

reputation of others, and Gratisklik may change or remove any description or

keyword that it considers inappropriate or unlawful, or otherwise likely to

cause Gratisklik liability. You must immediately notify Gratisklik of any

unauthorized uses of your blog, your account or any other breaches of security.

Gratisklik 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.

Responsibility of Contributors. If you operate a blog,

comment on a blog, post material to the Website, post links on the Website, or

otherwise make (or allow any third party to make) material available by means

of the Website (any such material, “Content”), You are entirely responsible for

the content of, and any harm resulting from, that Content. That is the case

regardless of whether the Content in question constitutes text, graphics, an

audio file, or computer software. By making Content available, you represent

and warrant that:

the downloading, copying and use of the Content will not

infringe the proprietary rights, including but not limited to the copyright,

patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you

create, you have either (i) received permission from your employer to post or

make available the Content, including but not limited to any software, or (ii)

secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses

relating to the Content, and have done all things necessary to successfully

pass through to end users any required terms;

the Content does not contain or install any viruses, worms,

malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or

randomly-generated, and does not contain unethical or unwanted commercial

content designed to drive traffic to third party sites or boost the search

engine rankings of third party sites, or to further unlawful acts (such as

phishing) or mislead recipients as to the source of the material (such as

spoofing);

the Content is not pornographic, does not contain threats or

incite violence towards individuals or entities, and does not violate the

privacy or publicity rights of any third party;

your blog is not getting advertised via unwanted electronic

messages such as spam links on newsgroups, email lists, other blogs and web

sites, and similar unsolicited promotional methods;

your blog is not named in a manner that misleads your

readers into thinking that you are another person or company. For example, your

blog’s URL or name is not the name of a person other than yourself or company

other than your own; and

you have, in the case of Content that includes computer

code, accurately categorized and/or described the type, nature, uses and

effects of the materials, whether requested to do so by Gratisklik or

otherwise.

By submitting Content to Gratisklik for inclusion on your

Website, you grant Gratisklik a world-wide, royalty-free, and non-exclusive

license to reproduce, modify, adapt and publish the Content solely for the

purpose of displaying, distributing and promoting your blog. If you delete

Content, Gratisklik will use reasonable efforts to remove it from the Website,

but you acknowledge that caching or references to the Content may not be made

immediately unavailable. Without limiting any of those representations or warranties,

Gratisklik has the right (though not the obligation) to, in Gratisklik’s sole

discretion (i) refuse or remove any content that, in Gratisklik’s reasonable

opinion, violates any Gratisklik policy or is in any way harmful or

objectionable, or (ii) terminate or deny access to and use of the Website to

any individual or entity for any reason, in Gratisklik’s sole discretion.

Gratisklik will have no obligation to provide a refund of any amounts

previously paid.

Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay

Gratisklik the one-time and/or monthly or annual subscription fees indicated

(additional payment terms may be included in other communications).

Subscription payments will be charged on a pre-pay basis on the day you sign up

for an Upgrade and will cover the use of that service for a monthly or annual

subscription period as indicated. Payments are not refundable.

Automatic Renewal.

Unless you notify Gratisklik before the end of the

applicable subscription period that you want to cancel a subscription, your

subscription will automatically renew and you authorize us to collect the

then-applicable annual or monthly subscription fee for such subscription (as

well as any taxes) using any credit card or other payment mechanism we have on

record for you. Upgrades can be canceled at any time by submitting your request

to Gratisklik in writing.

Services.

Fees; Payment. By signing up for a Services account you

agree to pay Gratisklik the applicable setup fees and recurring fees.

Applicable fees will be invoiced starting from the day your services are

established and in advance of using such services. Gratisklik reserves the

right to change the payment terms and fees upon thirty (30) days prior written

notice to you. Services can be canceled by you at anytime on thirty (30) days

written notice to Gratisklik.

Support.

If your service includes access to priority email support.

“Email support” means the ability to make requests for technical support

assistance by email at any time (with reasonable efforts by Gratisklik to

respond within one business day) concerning the use of the VIP Services.

“Priority” means that support takes priority over support for users of the

standard or free gratisklik.com services. All support will be provided in

accordance with Gratisklik standard services practices, procedures and

policies.

Responsibility of Website Visitors.

Gratisklik has not reviewed, and cannot review, all of the

material, including computer software, posted to the Website, and cannot

therefore be responsible for that material’s content, use or effects. By

operating the Website, Gratisklik does 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. The Website may contain

content that is offensive, indecent, or otherwise objectionable, as well as

content containing technical inaccuracies, typographical mistakes, and other

errors. The Website 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. Gratisklik

disclaims any responsibility for any harm resulting from the use by visitors of

the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the

material, including computer software, made available through the websites and

webpages to which gratisklik.com links, and that link to gratisklik.com .

Gratisklik does not have any control over those non-Gratisklik websites and

webpages, and is not responsible for their contents or their use. By linking to

a non-Gratisklik website or webpage, Gratisklik does not represent or imply

that it endorses such website 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. Gratisklik

disclaims any responsibility for any harm resulting from your use of

non-Gratisklik websites and webpages.

As Gratisklik asks others to respect its intellectual

property rights, it respects the intellectual property rights of others. If you

believe that material located on or linked to by gratisklik.com violates your

Gratisklik’s Digital Millennium Copyright Act (“DMCA”) Policy. Gratisklik will

respond to all such notices, including as required or appropriate by removing

the infringing material or disabling all links to the infringing material.

Gratisklik will terminate a visitor’s access to and use of the Website if,

under appropriate circumstances, the visitor is determined to be a repeat

infringer of the copyrights or other intellectual property rights of Gratisklik

or others. In the case of such termination, Gratisklik will have no obligation

to provide a refund of any amounts previously paid to Gratisklik.

Intellectual Property.

This Agreement does not transfer from Gratisklik to you any

Gratisklik or third party intellectual property, and all right, title and

interest in and to such property will remain (as between the parties) solely

with Gratisklik. Gratisklik, gratisklik.com , the gratisklik.com logo, and all

other trademarks, service marks, graphics and logos used in connection with gratisklik.com

, or the Website are trademarks or registered trademarks of Gratisklik or

Gratisklik’s licensors. Other trademarks, service marks, graphics and logos

used in connection with the Website may be the trademarks of other third

parties. Your use of the Website grants you no right or license to reproduce or

otherwise use any Gratisklik and Soft or third-party trademarks.

Advertisements.

Gratisklik reserves the right to display advertisements on

your blog unless you have purchased an ad-free account. Attribution. Gratisklik reserves the right to display

attribution links such as ‘Blog at gratisklik.com ,’ theme author, and font

attribution in your blog footer or toolbar.

Partner Products.

By activating a partner product (e.g. theme) from one of our

partners, you agree to that partner’s terms of service. You can opt out of

their terms of service at any time by de-activating the partner product.

Domain Names.

If you are registering a domain name, using or transferring

a previously registered domain name, you acknowledge and agree that use of the

domain name is also subject to the policies of the Internet Corporation for

Assigned Names and Numbers (“ICANN”), including their Registration Rights and

Responsibilities.

Changes.

Gratisklik reserves the right, at its sole discretion, to

modify or replace any part of this Agreement. It is your responsibility to

check this Agreement periodically for changes. Your continued use of or access

to the Website following the posting of any changes to this Agreement

constitutes acceptance of those changes. Gratisklik may also, in the future,

offer new services and/or features through the Website (including, the release

of new tools and resources). Such new features and/or services shall be subject

to the terms and conditions of this Agreement.

Termination.

Gratisklik may terminate your access to all or any part of

the Website at any time, with or without cause, with or without notice,

effective immediately. If you wish to terminate this Agreement or your

gratisklik.com account (if you have one), you may simply discontinue using the

Website. Notwithstanding the foregoing, if you have a paid services account,

such account can only be terminated by Gratisklik if you materially breach this

Agreement and fail to cure such breach within thirty (30) days from

Gratisklik’s notice to you thereof; provided that, Gratisklik can terminate the

Website immediately as part of a general shut down of our service. 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.

Disclaimer of Warranties.

The Website is provided “as is”. Gratisklik and its

suppliers and licensors hereby disclaim all warranties of any kind, express or

implied, including, without limitation, the warranties of merchantability,

fitness for a particular purpose and non-infringement. Neither Gratisklik nor

its suppliers and licensors, makes any warranty that the Website will be error

free or that access thereto will be continuous or uninterrupted. You understand

that you download from, or otherwise obtain content or services through, the

Website at your own discretion and risk.

Limitation of Liability.

In no event will Gratisklik, or its suppliers or licensors,

be liable with respect to any subject matter of this agreement under any

contract, negligence, strict liability or other legal or equitable theory for:

(i) any special, incidental or consequential damages; (ii) the cost of

procurement for substitute products or services; (iii) for interruption of use

or loss or corruption of data; or (iv) for any amounts that exceed the fees

paid by you to Gratisklik under this agreement during the twelve (12) month

period prior to the cause of action. Gratisklik shall have no liability for any

failure or delay due to matters beyond their reasonable control. The foregoing

shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website

will be in strict accordance with the Gratisklik Privacy Policy, with this

Agreement and with all applicable laws and regulations (including without

limitation any local laws or regulations in your country, state, city, or other

governmental area, regarding online conduct and acceptable content, and

including all applicable laws regarding the transmission of technical data

exported from the United States or the country in which you reside) and (ii)

your use of the Website will not infringe or misappropriate the intellectual

property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Gratisklik, its

contractors, and its licensors, and their respective directors, officers,

employees and agents from and against any and all claims and expenses,

including attorneys’ fees, arising out of your use of the Website, including

but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between

Gratisklik and you concerning the subject matter hereof, and they may only be

modified by a written amendment signed by an authorized executive of Gratisklik,

or by the posting by Gratisklik of a revised version. Except to the extent

applicable law, if any, provides otherwise, this Agreement, any access to or

use of the Website will be governed by the laws of the Denver, USA, excluding

its conflict of law provisions, and the proper venue for any disputes arising

out of or relating to any of the same will be the state and federal courts

located in Denver, USA. Except for claims for injunctive or equitable relief or

claims regarding intellectual property rights (which may be brought in any

competent court without the posting of a bond), any dispute arising under this

Agreement shall be finally settled in accordance with the Comprehensive

Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc.

(“JAMS”) by three arbitrators appointed in accordance with such Rules. The

arbitration shall take place in Denver, USA, in the English language and the

arbitral decision may be enforced in any court. The prevailing party in any

action or proceeding to enforce this Agreement shall be entitled to costs and

attorneys’ fees. If any part of this Agreement is held invalid or

unenforceable, that part will be construed to reflect the parties’ original

intent, and the remaining portions will remain in full force and effect. A

waiver by either party of any term or condition of this Agreement or any breach

thereof, in any one instance, will not waive such term or condition or any

subsequent breach thereof. You may assign your rights under this Agreement to

any party that consents to, and agrees to be bound by, its terms and

conditions; Gratisklik may assign its rights under this Agreement without

condition. This Agreement will be binding upon and will inure to the benefit of

the parties, their successors and permitted assigns.