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.
Copyright Infringement and DMCA Policy.
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
copyright, you are encouraged to notify Gratisklik in accordance with
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.