Klikot - Terms of Use
version (15-04-2009)
Welcome to www.Klikot.com, an online social network where you can interact and come in contact with your friends (“Klikot”). Klikot is owned and operated by Klikot Inc. (the “Company”, "We", "Our" and "Us"). Please read carefully the following terms and conditions (the "Terms", or the "Terms of Use"). By using and accessing Klikot, or by registering as a user with Klikot, you agree to be bound by the Terms. If you do not agree with the Terms, you may not access Klikot or use it in any other manner. Please feel free to submit any questions that you may have regarding the Terms to: support@klikot.com At this time, We operate Klikot as a beta Website, for testing and evaluation purposes only. The Company has full discretion to determine the length of time for testing and evaluation of the Beta Website. We retain the right to modify or terminate the Beta Website (or any part thereof) at any time, temporarily or permanently, with or without notice. About Klikot Klikot is an online social network where you can interact and come in contact with your friends, family and other users. Klikot offers you various Services, enabling you to create, contribute and publish content, share it with other users, comment on other users' content, and participate in Our online community services (the "Services"). You may also create your own personal area, according to your personal preferences, in which you can, among other things, publish your photos and any other content, write your personal blog, and invite friends and other users to comment and view your content. Amongst its features, Klikot offers you the possibility to send and receive messages to and from other users. Certain Services on Klikot may be subject to additional terms, as further specified on Klikot and may require you to furnish Klikot with relevant information in order to complete the respective service. We will explicitly state the information We require on the relevant web pages. At any time, you may change your personal preferences and the way you use and enjoy Klikot, by using the tools provided on Klikot and your personal account, as may be available from time to time. Referrals & Content Program Klikot will pay its users, in accordance with their contribution to Klikot. Our referrals & content programs are completely free of charge and will be made available to registered users only. You do not need to pay any participation fees in order to receive such payments. We use algorithms and technical measures to analyze your contribution. We do so in Our sole discretion, while considering several factors, including, without limitation – (1) The number of new users who registered to Klikot as a result of your invitation (your "invitees") and the frequency and scope of their use of Klikot; (2) The number of new users who registered to Klikot as a result of invitations made by your invitees (and also by their invitees – up to 5 levels), and the frequency and scope of their use of Klikot; (3) The amount and quality of content you upload, distribute, disseminate, transmit or otherwise make available in or through Klikot. By inviting your friends to use Klikot and by posting content for the benefit of other Klikot users, you will accumulate marketing and content points which may be translated into real money. Your points are personal and can not be assigned to others. Your balance is updated daily. You can keep track of your balance and other related statistical and general information through the "My Money" web page on Klikot. All data and details stored on Our computers relating to points that you have accumulated, will serve as conclusive evidence to your eligibility for payment. The Company may display or publish in its sole discretion a list of users, including their relevant personal details, who received payments, whether on Klikot, the media or any other way it deems fit. At the end of each fiscal month, We will calculate the money you have accumulated, and only if it totals in the aggregate to a minimum amount determined and published in Klikot, , We will send you a personal check (the "Check") for that sum (within 21 days from the end of the relevant month) or other payment methods to be added from time to time. We will send the Check to the address you provided Us during the registration process. We may require you to furnish Us with additional relevant information. We will explicitly state the information We require on the relevant web pages. You will be solely and exclusively liable for payment of any taxes due in connection with any payments that we may send you. Notwithstanding the above, We may, if required by law, withhold any taxes from any payment that you are eligible to receive. If you lose the Check we sent you, or if it expires – you are not entitled to receive a replacement Check. You will not, and will not encourage, permit or authorize any third party to generate false or fraudulent impressions of, or fraudulent clicks on any content displayed on Klikot, including but not limited to through repeated manual clicks, the use of robots or other automated tools. We may at all times, in Our sole discretion, suspend or terminate Our Referrals & Content program, or any part thereof, temporarily or permanently. We can also expand upon, reduce or amend any of the above factors. We may do so without giving you any prior notice. In the case of the termination of the Referrals & Content program, you will lose all rights to the points or money you accumulated prior to such termination. Acceptable use of Klikot The following terms define the acceptable use of Klikot and Our Services. Subject to the Terms of Use, you may access, use, upload content to Klikot and participate in Our online community and social networking Services. You may use Klikot for private and personal purposes only. You agree not to use Klikot for any other purpose without Our prior explicit written consent. You further agree that you are solely responsible for all acts or omissions associated with your access and use of Klikot and the access and use of Klikot by anyone on your behalf. While using Klikot you agree to refrain from willfully, or carelessly - (1) Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of Klikot; (2) Interfering with, burdening or disrupting the functionality of Klikot; (3) Circumventing or manipulating the operation, or functionality of the Services; (4) Posting false, inaccurate, or misleading content; (5) Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from Klikot, for the purposes of competing with Klikot, or in such ways that might impair or disrupt Klikot's functionality; (6) Displaying Klikot website pages or any part thereof in an exposed or concealed frame, or linking to elements on Klikot, such as images, independently from the web pages on which they originally appear; (7) Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (8) Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent; (9) Performing any action that might artificially alter a Service's viewing or usage count, including but not limited to the creation of separate user accounts for the purpose of altering or inflating a Service's count; (10) Abusing, harassing, threatening, impersonating or intimidating other Klikot users. (11) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation; Age restriction Use of Klikot and the Services is intended and permitted for persons of 13 years of age or older. In addition, the Payoneer "Pre-Paid Debit Card" is only available to persons of 18 years or older. By using, accessing or registering with Klikot you hereby declare that you are of 13 years of age or older. If you are under the age of 13 you must avoid any use of Klikot or the Services. We reserve the right to terminate an account, if We find a user is less than the minimum age. We may request additional information to confirm your age at any time. Any user found to be under the minimum age will have their account terminated and their eligibilty for payment will be void. Registration and user account Klikot serves all Internet users. However, certain Services, such as creating a personal account, may be available to registered users only. You may not create more than one user account. Additionally, you are prohibited from selling or transferring your account in any other way, to another user, entity or any third party. Registration with Klikot is free of charge. However, We may opt to charge registration fees in the future. We will require such fees only following the posting of prior notice on Klikot, but We are under no obligation to notify you in person of any change in Our registration policy. If you do not consent to the terms in the notice, or fail to settle your registration fees to Our satisfaction, then your account on Klikot shall be terminated. We may, at any time and in Our sole discretion, transform a free of charge Service on Klikot to a fee-based Service, and change any rates and payment terms. When you register with Klikot We will ask you to provide Us certain contact and personal details. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may prevent you from registering and impair Our ability to provide you with the Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with Klikot. By submitting the registration form, you represent and warrant that the details you provide adhere to the Terms and that you are 13 years of age or older. You can update and modify your details from time to time by entering your personal profile on Klikot and make the necessary changes. To login, you must use your e-mail address and password. Alternatively, We may provide you with a password for accessing your account on Klikot. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain Services on Klikot. You agree to maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on Klikot as a result of conveying your details to someone else. You may terminate your account at any time, by using Our designated termination agent: "Kliker". We may require you to verify your termination notice by sending Us an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on Klikot will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account. We may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately. In addition, notwithstanding any remedies that may be available to Us under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing Klikot, remove content that you have Posted on Klikot and take technical and legal steps to keep you off Klikot, if we think that - • You have abused your rights to use Klikot or the Services; or, • You have breached the Terms; or, • You deliberately submitted false information; or, • You have performed any act or omission that violates any applicable law, rules, or regulations; or, • You have performed any act or omission which is harmful or likely to be harmful to Us, or any other third party, including other users and suppliers of Klikot; or, • You made use of Klikot's Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, • You conveyed your password to another person; or, • You have abandoned your account; or, • You are in debt to Us or to another person with respect to any transactions made on or through the use of Klikot. User generated content on Klikot We offer you a variety of Services and ways to use content on Klikot, whether your own content or of other users. You may upload, distribute, e-mail, disseminate, transmit or otherwise make your content, as may be available when using Klikot (for convenience purposes We will name all of these actions as "Post” or “Posting"). We do not warrant or guarantee that any content that you wish to Post on Klikot will be posted or that We will Post it indefinitely. By Posting content on Klikot, you accept you are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on Klikot are lawful. Among other things, you must not Post any content on Klikot which may reasonably deemed to be - (1) Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets; (2) Identifying minors, their personal details or their address and ways to contact them; (3) Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or harmful computer code; (4) Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration; (5) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws; (6) Constituting defamation of a person or violating a person's right for privacy or right of publicity; (7) Commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, unless you received Our prior written consent, and subject to the terms of Our consent; (8) Prohibited by any applicable law, including court restraining orders, to be Posted, published, disseminated, or otherwise made available to the public; (9) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; (10) Unsolicited commercial communications ('SPAM'), chain letters or pyramid schemes. We encourage free speech and open discussion on Klikot. Users may Post comments about other users' content, in some sections of Klikot We designated for such purposes. You may find some of the comments Posted therein inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that it is not Our content, but rather Klikot's user's content. We do not endorse any user content when it is published on Klikot and its publication does not attest to Our acceptance of it. However, We may review posted content and delete, remove or block it, or refuse to Post it on Klikot, without any prior notice, in Our sole discretion, for any reason that We may consider to be justified, including, without limitation – (1) Preventing misuse of the Services; (2) When We deem the content to be in breach of the Terms, or an infringement of any applicable law; (3) When your user account is canceled, either by yourself or by the Company; (4) When pursuant to the Terms, the owner of content that you have Posted wishes it to be removed, whether as result of a person's complaint, or of our own initiative. Under no circumstances will any of the above be construed as an obligation on the Company's part to review, or monitor users content on Klikot. We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on Klikot. We encourage you to treat content Posted on the Internet, including the content Posted by others on Klikot or user comments, with caution and discretion. Such content and comments are not Posted on Our behalf, unless expressly stated otherwise, and We cannot guarantee for its credibility, authenticity, accuracy, validity, legality or integrity. Bear in mind that such content does not supersede consultation with appropriate professionals, whenever required. Requests to remove content from Klikot We respect the intellectual property rights of others. Any requests to remove copyright infringing content from Klikot, or counter requests to re-post content, on grounds of mistake or misidentification of the content, must be made in accordance with the CopyRight Policy. After receiving a request to remove or re-post content on Klikot, We may act as We deem fit, in accordance with the applicable law. Privacy We respect your privacy. Our Privacy Policy explains the accepted privacy practices on Klikot. Given that the Privacy Policy may change from time to time, it is recommended that you read it periodically. Links to other sites Klikot may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability. Advertisements Klikot may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers' practices, including their privacy practices, or for the content of their websites, information, messages or offers. You are fully accountable for all communications with the advertisers and to all transactions that take place subsequently. Correction of errors We put great effort in ensuring the reliability of facts and details that We post on Klikot. However, errors may sometimes occur. If you think that any information or publication that We have posted on Klikot is erroneous, please inform Us at support@klikot.com. Intellectual Property All rights, title and interest in and to Klikot (except – as provided below - for users' and third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), , trade names, trade secrets, domain names or any other rights, functions or licenses with respect of Klikot. Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on Klikot, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish Our goodwill. You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content you are using on Klikot. You agree to retain and avoid distorting such signs and notices in any copy thereof. You may not remove or erase any such message or sign. We do not claim ownership over content, such as text, video and images that you Post to Klikot. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to Post and use such content on Klikot, in accordance with the Terms. By submitting content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for Posting on Klikot, and including any and all communications that you make with other users on or through Klikot, you grant Us a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on Klikot, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your Content. By uploading your ideas to Klikot you allow every user to use these ideas and benefit from them, in any available and legal way. DISCLAIMER OF WARRANTY KLIKOT AND THE SERVICES INCLUDED WITHIN ARE PROVIDED FOR USE AS IS. WE DISCLAIM ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO KLIKOT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT KLIKOT WILL OPERATE IN AN UNINTERRAUTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF KLIKOT IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. LIMITATION OF LIABILITY THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE KLIKOT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF KLIKOT, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON KLIKOT, OR FROM ANY COMMUNICATION WITH KLIKOT, OR WITH OTHER USERS ON OR THROUGH KLIKOT, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON KLIKOT. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS, OR A FULL OR PARTIAL REFUND, IN THE COMPANY'S SOLE DISCRETION, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES, OF SUBSCRIPTION FEES, IF CHARGED. Indemnification You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders, employees, sub- contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from Us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of Klikot, the content that you post on Klikot, any communications that you convey through Klikot, or your breach of the Terms, or any other terms, rules or regulations applicable to Klikot, or your violation, or infringement of other persons rights. Changes in Klikot From time to time, We may change Klikot's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom. Availability The availability and functionality of Klikot depends on various factors and elements, including software, hardware and communication networks of the Company and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that Klikot will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free. Termination of Klikot's operation We may at all times, in Our sole discretion, suspend or terminate the operation of Klikot, or any part thereof, temporarily or permanently. The Company may, but is not obliged, to send you a notice within a reasonable time prior to such termination. At any time, We may block, remove or delete any content from Klikot, without maintaining any backup copy. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the termination of Klikot's operations and the loss of any data as a result. Amendments to the Terms We may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after We have posted an initial notification on Klikot's homepage or any other relevant web pages on Klikot, with respect to such changes. Other changes will take effect 7 days after their initial posting on Klikot, unless We amend the Terms to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use Klikot or any of the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of Klikot. We advise you to periodically read the Terms, as they may change from time to time. You may at any time read the most recent version of the Terms by clicking the appropriate link from Klikot's web pages Governing Law and Jurisdiction Except as provided specifically in the Copyright Policy, the Terms and your use of Klikot will be governed by and construed in accordance with the laws of the state of Wyoming, USA, without giving effect to any choice of law or conflict of law rules or provisions, of the Wyoming, USA , or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the Wyoming, USA. You agree to resolve any dispute or claim that you may have against Us and to submit to personal jurisdiction in the exclusive jurisdiction of courts in the city of Cheyenne, Wyoming, USA. Notices We may contact you and send you notices and messages via e-mail, regular mail, fax messages, postings on you personal zone on Klikot and through other means, as may be available from time to time. You may contact Us, by using the 'contact us' form on Klikot, by using Our contact details hereunder or by writing to Kliker – your online friend on Our behalf. We reserve the right to publish in public – including on Klikot - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between us will be deemed as received after one business day. Our contact details: Klikot Inc. Cheyenne, WY, 82001 E-Mail: admin@klikot.com General The Terms of Use constitutes the entire agreement between you and the Company with respect to the use of Klikot and supersedes any and all other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Our authorized representative. The Terms of Use will take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use. Failure on the part of the Company to demand performance of any provision in the Terms will not constitute a waiver of any of the Company's rights under the Terms. The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms. This Agreement is void where prohibited by law, and the right to access and use Klikot is revoked in such jurisdictions. Changes in Ownership We may incorporate Klikot as a separate company or transfer ownerships rights and title in Klikot, to a third party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in Klikot and you hereby give your prior consent thereto. No Assignment Your rights and obligations under the Terms are not assignable, including your right to receive payments from Klikot. Any attempted or actual assignment thereof by you will be null and void without Our prior explicit consent in writing. Interpretation The section headings in the Terms are included for convenience only and will take no part in the interpretation or construing of the Terms. Severability If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect. Survival The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of the Terms or the termination of Klikot's operation. Incorporated documents The following documents, forms and policies are incorporated by reference to the Terms of Use and are part of the Terms. Whenever expressing your consent to the Terms you also acknowledge your consent to these documents, as well: • CopyRight PolicyPrivacy Policy