Web Site Terms and Conditions of Use
Our business name is MYCLICKAPPS.com, LLC (hereafter "MyClickApps" or
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT
(hereafter "Terms") governs your use of our web sites (hereafter "web
site"), www.MYCLICKAPPS.com (and affiliated web sites) and provides
details on the services and products we offer to our Users (hereafter "You",
"Your" or "User"). It is vitally important that you read these Terms
carefully, as your use of our web site will automatically constitute your
agreement to be legally bound by the Terms set out herein. These Terms
also govern your use of the Services and/or Products (hereafter
"Services"), provided through or in connection with, our web site. Each
time you use our Services, you acknowledge that you have read these
Terms and agree to be legally bound by them.
User agrees and understands that these Terms are the only contract between
the User and MyClickApps. These documents supersede any and all verbal or
written communications. If you do not agree to be bound by these Terms, you
may not use the web site or the Services provided by us.
User agrees and understands that these Terms are the only contract between
the User and MyClickApps. These documents supersede any and all verbal or
written communications. If you do not agree to be bound by these Terms, you
may not use the web site or the Services provided by us.
The following words used in these Terms have the following meanings:
- "Personally Identifiable Information" shall mean all data and/or
information provided by, and about, User, including e-mail address(es),
name, address, etc.;
- "MyClickApps web site" shall mean the web site on which
MyClickApps provides Services.
- "MyClickApps User" shall mean all Users of the MyClickApps web site and its Services.
- "MyClickApps Services" shall mean all Services and/or Products provided directly by MyClickApps.
- "ThirdParties" or "3rd-Parties" include all advertisers, partners and
affiliate vendors that are included on the MyClickApps web site, whether a
link is provided or not.
Users can access these Terms by clicking on the "Terms" link that appears on
the MyClickApps web site "Homepage" and by reading it on their computer
monitor, printing it out, downloading it and/or saving it at any time, even after the
Terms have been closed.
User hereby acknowledges and agrees as follows:
MyClickApps reserves the right to make changes or modifications to the
MyClickApps web site and these Terms. Display of any notice of changes online
at the MyClickApps web site shall constitute effective notice under these Terms,
and User's continued use of the MyClickApps web site, thereafter, shall
constitute User's acceptance of such changes or modifications.
- License Grant
MyClickApps grants you a limited, non-exclusive, personal, non-assignable and
non-transferable license to access and use the MyClickApps web site, provided
and expressly conditioned upon your agreement that all such access and use
shall be governed by all of the terms and conditions set forth in these Terms.
- The MyClickApps Web Site
A. The "MyClickApps web site" includes, as applicable and without limitation:
1. MyClickApps' Services accessed by or through the MyClickApps
web site, including User's Facebook page link and individual items within
2. Any documentation, including instructions and the like, provided to
you by MyClickApps, for use in connection with the web site or its
3. Any other video presentations, audio presentations, slideshows,
software, products, services, data or information provided by MyClickApps
or obtained through the MyClickApps web site.
- Ownership, Use and Intellectual Property Rights
A. The MyClickApps web site is the valuable, exclusive property of
MyClickApps.com, LLC and nothing in these Terms shall be construed as
transferring or assigning any ownership rights in such property to User or any
other person or entity. User is granted a license to use the MyClickApps web site,
as long as User complies with these Terms or until MyClickApps terminates this
Agreement or Userís access rights. Ownership of the MyClickApps web site, and
any documentation or information, shall remain, at all times, with
MyClickApps.com, LLC. The MyClickApps web site is protected by contract and
intellectual property law, including domestic and international copyright law. All
intellectual property rights in the MyClickApps web site belong to
B. If MyClickApps provides User with an account, User may not allow
concurrent use of the MyClickApps web site by multiple Users, utilizing identical
User names, or allow another person or entity to use their User name to access
the MyClickApps web site. User may not remove, alter or obscure any copyright,
legal or proprietary notice in or on any portion of the MyClickApps web site. User
may store in the memory of his/her computer, and may manipulate, analyze,
reformat, print and/or display for User's use only, the information received or
accessed through the MyClickApps web site, pursuant to these Terms. User may
not resell, redistribute, broadcast or transfer the information or use the
information in a searchable, machine-readable database. Unless separately and
specifically authorized in writing by an officer of MyClickApps, User may not rent,
lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish,
adapt, store or time-share the MyClickApps web site(s), any part thereof, or any
of the information received or accessed there from, to or through any other
person or entity. MyClickApps expressly reserves any rights not granted to User
in these Terms. MyClickApps reserve all rights to enforce their copyright and
intellectual property rights.
A. These Terms, and the limited license rights granted hereunder, shall
remain in full force and effect unless terminated or canceled for any of the
1. Immediately, by Company, for any unauthorized access or use by
User, including, without limitation: concurrent access of the MyClickApps
web site by multiple Users utilizing identical User names and passwords;
permitting another person or entity to use User's name and password to
access the MyClickApps web site; or any other access or use of the
MyClickApps web site, except as expressly provided in these Terms;
2. Immediately, by MyClickApps, if you assign or transfer (or attempt
to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by MyClickApps, if you fail to abide by the rules and
regulations relating to the use of, or tamper with or alter any of the
software and/or data files contained in or accessed through, the
MyClickApps web site;
4. Immediately, by MyClickApps, if you transmit or receive, using the
MyClickApps web site (or cause the transmission or receipt of) any
pornographic, obscene, disparaging, defamatory, or libelous information of
any nature or form whatsoever, with respect to any other user, company,
or any other person or business entity (MyClickApps, in its sole discretion,
shall determine whether any information transmitted or received violates
5. Immediately, upon discontinuance of the MyClickApps web site by
6. Immediately, by Company, if you violate any of the other Terms and
conditions of this Agreement.
B. Termination or cancellation of these Terms shall not affect any other right
or relief to which MyClickApps may be entitled, whether at law or in equity.
Regardless of the reason for cancellation or termination of this Agreement:
1. All rights granted to you will terminate and revert to Company upon
2. As requested by MyClickApps, User agrees to erase and destroy
any copies of the MyClickApps web site you have made or stored; and
3. User agrees to certify to Company your compliance with these
requirements, in writing, upon Company's request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE
TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO
EVENT SHALL MYCLICKAPPS BE LIABLE FOR ANY LOSS OR LIABILITY,
INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE
User acknowledges that MyClickApps reserves the right to, and that
MyClickApps may, from time to time, choose to monitor, any and all information
transmitted or received through the MyClickApps web site. MyClickApps, in its
sole discretion and without further notice to User, may review, censor or prohibit
the transmission or receipt of any information which MyClickApps deems
inappropriate (such as that specified in subparagraph (A)(4) of the Termination
paragraph III, above,) or that MyClickApps determines violates any term or
condition of this Agreement.
- MyClickApps Community
A. The MyClickApps Community (hereafter "the Community") helps Users to
obtain insight, exchange ideas and connect online with other Users who use the
MyClickApps Services. MyClickApps believes that the Community is a valuable
place for MyClickApps Users to exchange information about a broad range of
products and services and to learn from one another. MyClickApps wants the
Community to be a friendly, informative and safe place for all of our Users.
B. By participating in this Community, User agrees to adhere to these Terms,
as amended, from time to time. Any failure to adhere to these standards may
lead to disciplinary action, which may include the termination of your rights to
participate in Voting, Feedback and other features of the Community. In addition,
MyClickApps reserves the right to remove any post to Feedback that we believe
is inconsistent with the standards or the spirit of these Terms.
C. The Community is for Users that are at least thirteen (13) years of age.
The Community is primarily an English-language online community, but may also
include, or expand to Users in other countries.
A. Users are required to register, either directly or through linking to their
Facebook page, in order to access the Community and in order to be able to
Vote, or access Feedback. Registration (by providing a valid email address, User
name and password) is required if User wants to Vote or post material to the
Community. MyClickApps may refuse to grant to User, and User may not use, a
User name or email address that is already being used by someone else, or
impersonates another person, belongs to another person (without that person's
prior consent), violates the intellectual property or other rights of another person
or entity, is offensive for any reason, or that we reject for any other reason, in our
sole discretion. User may have only one user name. User is responsible for
maintaining the confidentiality of the password, and User will be held liable for all
activities that occur under your User name. If Users become aware of any
unauthorized use of their password or account, they agree to notify MyClickApps
immediately at Support@MyClickApps.com.
B. User agrees that all information provided in the User profile is accurate,
true and complete. We may terminate your registration if any of the information
you provide is found to be inaccurate, false or incomplete.
- Content is for Informational Purposes Only
A. The information shared by MyClickApps and its Users is for informational
purposes ONLY. Such information is not meant to be a basis for product/service
advice or recommendations. Each User is ultimately responsible for conducting
his/her own analysis on particular products/services and making his/her own
purchase decisions. Under no circumstances can any member of this Community
or MyClickApps or any affiliate of MyClickApps be held responsible for a
product/service purchasing decision made by another person.
B. The results or experiences described in User testimonials are not
indicative of the results or experiences individual Users may receive. Users
should not expect to experience similar results from products or services
NEITHER MYCLICKAPPS NOR ANY THIRD-PARTY HAS VERIFIED THE
TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED
IN USER TESTIMONIALS ABOUT PRODUCTS OR SERVICES.
- Links to Third Party Sites
Company and Users may post links on this web site to other web sites that are
not under the control of MyClickApps. MyClickApps is not responsible for the
contents of any linked web site or any link contained in a linked web site, or any
changes or updates to the information contained in such web sites. Any such link
on this web site does not imply MyClickApps endorses the web site, the
organization operating such web site, nor any products or services of that
organization. User's use of any links to any off-web site pages or other web sites
is entirely at User's own risk.
- Communicating with MyClickApps
The Community Feedback or Voting applications are not an appropriate
environment to express concerns about MyClickApps, its partners or Services.
Constructive feedback regarding MyClickApps can be submitted to
Support@MyClickApps.com. Feedback regarding the web site, its use or
application can also be submitted to that address. Postings on the Community
Feedback or Voting applications do not constitute notice to MyClickApps for any
purpose. No one in the Community is authorized to provide official responses to
questions on behalf of MyClickApps.
- Uses Not Permitted
A. Use of the MyClickApps web site(s), as described below, is prohibited.
These descriptions are guidelines and are not intended to be exhaustive or all-
1. Illegal/Criminal Activity The MyClickApps web site may not be
used in connection with criminal or civil violations of state, provincial,
territorial, federal, or international laws, regulations, or other government
rules or requirements. Such violations include theft or infringement of
copyrights, trademarks, trade secrets, or other types of intellectual
property; fraud; forgery; theft or misappropriation of funds, credit cards, or
personal information; and threats of physical harm or harassment.
2. Security Violations The MyClickApps web site may not be used
in connection with attemptswhether successful or notto violate the
security of a network, service, or other system. Examples of prohibited
activities include hacking, cracking into, monitoring, or using systems
without authorization; scanning ports; conducting denial of service attacks;
and distributing viruses or other harmful software.
User is responsible for maintaining the basic security of his/her computer
system and to prevent its use by others in a manner that violates these
Terms. Examples include: improperly securing a mail server so others can
use it to distribute spam; improperly securing an FTP server so that it may
be used by others to illegally distribute licensed software or media content.
User is responsible for taking corrective actions on vulnerable or exploited
systems to prevent continued abuse.
3. Threats The MyClickApps web site may not be used to transmit
materials of a threatening nature, including threats of death or physical
harm, harassment, libel, and defamation.
4. Offensive Materials The MyClickApps web site may not be used
for the distribution of offensive materials, including obscene, pornographic,
indecent, and hateful materials. Further, Users agree to adhere to the
a. Comply with all laws, ordinances, statutes and applicable
legislation and to respect all 3rdparty rights. In particular, User shall
i. Use or post any insulting or defamatory words, music,
symbols, photographs or other similar content, regardless of
whether said contents are directed at another User or
MyClickApps personnel or other companies or individuals;
ii. Use or post any pornographic materials or any
content that violates any applicable legislation for the
protection of minors; or advertise or promote, offer or
distribute any pornographic product or products which do not
comply with any applicable legislation for the protection of
iii. Unreasonably annoy (particularly with SPAM) any
iv. Use or post, without authorization, any content
protected by law (e.g. copyright, trademark, patent, utility
patent, design patent or other intellectual property (IP) laws),
or advertise, promote, offer or distribute any goods or
services protected by law;
v. Use, post or promote any commercial practices
considered unfair competition, including progressive
customer acquisition practices (such as chain distribution
systems, Ponzi schemes, illegal multi-level selling or
vi. Engage in any of the following annoying actions, even
if they do not constitute a breach of any applicable laws or
1. Sending chain letters;
2. Sending identical messages to more than one
(1) User at the same time;
3. Performing, posting, advertising and promoting
any form of structural distribution measures (such as
multi-level marketing or multi-level network
4. Communicating in any insinuating,
discriminatory or sexually abusive way (suggestive,
implicit or explicit).
b. You may not provide, post or otherwise distribute, User
i. Contains vulgar, profane, abusive, racist or hateful
language or expressions, epithets or slurs, text,
photographs, videos or illustrations in poor taste,
inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly
inflammatory, false, misleading, fraudulent, inaccurate,
unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights of any 3rd-party, is
unreasonably harmful or offensive to any individual or
iii. Violates any right of MyClickApps, or any 3 -party;
iv. Discriminates on the grounds of race, religion,
national origin, gender, age, marital status, sexual
orientation or disability, or refers to such matters in any
manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal,
state, provincial, federal or international law, rule, regulation
vi. Interferes with any User's uninterrupted use of the
vii. Advertises, promotes or offers to trade any goods or
viii. Uploads or transmits viruses or other harmful,
disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or
violates the security of the MyClickApps web site(s) or any
Services, system resources, accounts, passwords, servers
or networks connected to or accessible through the
MyClickApps web site(s);
x. "Flames" any individual or entity (e.g. sends repeated
messages related to another User and/or makes derogatory
or offensive comments about another User or individual), or
repeats prior posting of the same message under multiple
threads or subjects.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES
CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW
ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when
using the MyClickApps web site. However, the User may use
the interfaces or software provided by MyClickApps within
the scope of the Services available on our web site and in
accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any
content of the MyClickApps web site. For example, the use
of the "Robot/Crawler" search engine technology is not
required for proper use of our web site(s) or Services, and is
iii. Distributing or publicly disclosing the contents of our
web site or any of their Terms, without written permission
from MyClickApps; or
iv. Performing any actions that may impair the operability
of the MyClickApps web site's infrastructure, particularly
actions that may overload said infrastructure, servers,
bandwidth or other equipment or software.
5. Spam - Spam is an unacceptable use of the MyClickApps web site.
Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to
more than five (5) online forums or newsgroups and posting
messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in
Company's opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures,
or any chainmail-related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear
and easy means to be excluded from receiving additional e-mail
from the originator of the e-mail. NOTE: The inclusion of an opt-out
clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender,
the sender's return address or the e-mail address of origin.
g. Using MyClickApps facilities to violate what could reasonably
be considered a violation of another Internet Service Provider's
(ISP) acceptable use policy and/or Terms and Conditions of Use.
6. Indirect Access - A violation of these Terms by someone having
only indirect access to the MyClickApps web site through a User, will be
considered a violation, whether or not with User's knowledge or consent.
7. In addition, these Terms apply to any email or content transmitted
by User, or on User's behalf, that uses a MyClickApps account as a
mailbox for responses or promotes content, hosted or transmitted, using
MyClickApps facilities, or that indicates, in any way, that MyClickApps was
involved in the transmission of such email or content.
B. The resale of MyClickApps Services or information is not permitted, unless
expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or
termination of User's account and access to our Services, immediate temporary
or permanent filtering, blocked access or other action appropriate to the violation,
as determined by MyClickApps, in its sole discretion.
D. When feasible, it is MyClickApps preference to give notice so that
violations may be addressed voluntarily. However, Company reserves the right to
act without notice, when necessary, as determined by us, and in our sole
discretion. MyClickApps may involve, and will cooperate with, law enforcement, if
criminal activity is suspected. Violators may also be subject to civil or criminal
liability under applicable law.
E. The Community may not be used to discuss competitors of MyClickApps.
The focus of the Community is to allow members of the Community to share
insights, exchange ideas and connect online with other Users who use the
MyClickApps Services, about products and services in the general marketplace.
F. Users may not use the Community to collect personal information of other
Users or to solicit other Users for business.
G. Users may not use the Community to promote their business ventures.
- Intellectual Property Rights
A. Users may not post copyrighted material or trademarks, belonging to other
parties, to the Community, without the parties' written permission.
B. If you own intellectual property and believe it is being infringed through a
posting, please let us know immediately by filing a complaint as set forth in
paragraph XII below. The copyright in your postings is yours (most generally).
We at MyClickApps sometimes use postings in our publications, including without
limitation, advertising, web sites, newsletters and the like. By Voting or posting
Feedback or comments, User is giving MyClickApps a non-exclusive, perpetual,
irrevocable, royaltyfree worldwide license to reproduce, communicate, re
publish, edit, adapt or otherwise use such postings as we see fit, including the
right to sublicense or transfer it to others, in our sole discretion. User also gives
us a license to deal with the postings as necessary in order to perform technical
and administrative functions in running the Community and web site.
C. User also may have moral rights, so you consent to your postings being
altered, edited or adapted so Company can use them under our license in any
way we deem appropriate. User consents to Company not having to attribute
authorship to User at all, or only attributing it to User's registered name.
Company generally attributes authorship, but that is not always possible or
feasible and we can decide this on a casebycase basis. If Company uses your
posting, Company may attribute it to User's registered name, or contact User in
order to request that User's real name be used. Company will not publish User's
real name without permission. If User does not want to give MyClickApps a
license to use your postings and do not want your postings used in this way, do
not post in the Feedback or comments section. Once User has made a posting,
User cannot withdraw or retract the license and consents.
D. User may not use MyClickApps' intellectual property in any way or for any
purpose, at anytime, without our written permission.
E. If User believes that a posting is violating these Terms or is infringing on
anyone's legal rights, please notify MyClickApps immediately at
Support@MyClickApps.com. MyClickApps will investigate your allegations and
take appropriate action if MyClickApps believes that action is necessary and
appropriate. Such action may include removing the posting or banning the
A. To make a formal complaint of copyright or other matter, to MyClickApps,
send a signed, written letter of complaint to:
MyClickApps Community Complaints
1521 CONCORD PIKE #301
WILMINGTON, DE 19803
B. The letter of complaint must:
1. identify the posting in issue and include a copy of the posting and
the location of the posting and describe with reasonable detail the
2. identify the intellectual property right or other law, rule or regulation
that is being infringed or violated; and
3. provide information sufficient to permit MyClickApps to contact you
(e.g., email address, postal address and/or fax number).
C. To the extent your complaint involves intellectual property rights, please
note that MyClickApps honors the intellectual property rights of others and asks
the same of our Users. MyClickApps may, in its sole discretion, terminate the
account or access right of Users whose actions infringe or otherwise violate the
intellectual property rights of others. In accordance with the Digital Millennium
Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement
must be sent to MyClickApps' Designated Agent. If you believe that your work
has been infringed, please provide MyClickApps' Designated Agent with the
1. A physical copy or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been
infringed or, if multiple copyright works at a single online web site are
covered by a single notification, a representative list of such works at that
3. Identification of the material that is claimed to be infringing or could
be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
MyClickApps to identify the material;
4. A statement that the complaining party has a good faith belief that
the use of the material in the manner of complained of is not authorized by
the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and
under penalty of perjury, the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
MyClickApps' Designated Agent may be contacted at the address provided
- Your Personal Information
A. By registering and using the MyClickApps Services (including submitting
postings), or e-mailing us, User will be supplying us with "personally identifiable
information." MyClickApps collects this to administer and help Users utilize our
Services, to send User a password, to contact User about postings and
generally, keep in touch with User. A User's screen name will be visible to other
Users, and when registering, User can chose whether your User profile and e-
mail address will be also be visible to other Users.
B. User can access and update personal information in the Profile section of
the web site.
C. Any information that User posts is public. If a User does not want
information to be public, they should not post it. Any personally identifiable
information User posts may be obtained and used by others. Your use of the web
D. MyClickApps may release information concerning your use of the
Community or disclosure of your personally identifiable information when
MyClickApps believes such action is necessary or appropriate to comply with the
law (such as a subpoena, warrant or court order), or to enforce these Terms, to
protect MyClickApps' rights or property or to protect other Users of the
Community from fraudulent, abusive, or unlawful actions. Further, if MyClickApps
believes that an emergency involving immediate danger of death or serious
physical injury to any person, requires disclosure of communications or justifies
immediate disclosure of records, we will release such information.
MyClickApps does not pre-screen, verify or edit the content posted by Users in
the Community. However, MyClickApps and its agents reserve the right to
investigate any violation of the Terms of this Agreement and to take remedial
action, as it deems appropriate. MyClickApps has the sole discretion to enforce
the Terms of this Agreement, including, but not limited to, warning Users of
violations, disabling or suspending privileges and access, deleting, screening or
editing any content or prohibiting any behavior that does not comply with these
Terms. If MyClickApps decides it is necessary to remove any content,
MyClickApps may remove the entire thread and any accompanying material
without notice to User(s).
- Delays in Services; Force Majeure
Any delays in, or failure of, performance by MyClickApps (including its officers,
directors, employees, affiliates, agents, representatives and subcontractors) shall
not give rise to any claims for damages, or any loss or liability, if and to the extent
caused by interruptions due to electronic or mechanical equipment failures,
telephone interconnect problems, defects or occurrences beyond MyClickApps'
control, including but not limited to acts of governmental authority, weather, fire,
floods, explosions, acts of God, strikes or other concerted acts of workers, riots,
armed conflicts, acts of war, or sabotage. MyClickApps shall have no
responsibility to provide User with access to the MyClickApps web site while
interruption of the MyClickApps web site, due to any such or similar cause
- Equipment, Operation Payment for Certain Services
A. User shall provide and maintain all telephone, Internet, ISP or other
equipment necessary to access the MyClickApps web site, and the costs of any
such equipment and/or internet access connections or use, including any
applicable taxes, shall be borne solely by User.
B. Users are responsible for operating their own equipment and for familiarity
with the information used with or available through the MyClickApps web site.
MyClickApps shall have no responsibility to provide User with alternate access to
the MyClickApps web site if User access is interrupted due to a breakdown or
failure of User equipment.
- Warranty Disclaimer
A. User acknowledges that the information provided through the
MyClickApps web site is compiled from sources that may be beyond the direct or
indirect control of MyClickApps. Though such information is recognized by the
parties to be generally reliable during the term of this Agreement, User
acknowledges that inaccuracies may occur and MyClickApps does not warrant
the accuracy or suitability of the information for any particular purpose. The
information is provided by MyClickApps for User's personal information only and
is not intended for purchasing products or services. Information on this web site
does not constitute advice nor does such information include recommendations
regarding particular products or services nor endorsements of such.
MyClickApps shall not be liable for any errors, inaccuracies or delays in content,
or for any actions taken by User in reliance thereon. MyClickApps makes
reasonable efforts to obtain reliable content from all 3rd-parties, but MyClickApps
does not guarantee the accuracy of or endorse the views or opinions given by
any 3rd-parties or Users. The MyClickApps web site may point to other Internet
web sites that may be of interest to Users, however, MyClickApps does not
endorse or take responsibility for the content on such other web sites.
B. USER ACKNOWLEDGES THAT THE MYCLICKAPPS WEB SITE IS
PROVIDED TO USER ON AN "AS IS, WITH ALL FAULTS" BASIS.
MYCLICKAPPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY
WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE
OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-
INFRINGEMENT. FURTHER, MYCLICKAPPS DOES NOT REPRESENT OR
1. THAT THE MYCLICKAPPS WEB SITE WILL MEET USER
REQUIREMENTS OR IS SUITABLE FOR USER NEEDS;
2. THAT THE ACCESS OR USE OF THE MYCLICKAPPS WEB SITE
WILL BE ERROR-FREE; OR
3. THAT THE ACCURACY OF ANY DATA OR INFORMATION IN OR
PROCESSED WITH THE MYCLICKAPPS WEB SITE OR THE RESULTS
OF ANY SUCH PROCESSING WILL BE ERROR-FREE.
C. USER IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU
IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND
FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND
RESULTS FROM INDEPENDENT SOURCES.
- Limitation of Liability; Disclaimer of Consequential Damages
MYCLICKAPPS SHALL NOT BE LIABLE TO USER OR ANY THIRD-PARTY
FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR
INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN,
THE MYCLICKAPPS WEB SITE OR ITS CONTENT. USER ALSO AGREES
THAT MYCLICKAPPS (INCLUDING ITS OFFICERS, DIRECTORS,
MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS,
REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY
EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MYCLICKAPPS WEB SITE FOR ANY PURPOSE WHATSOEVER, EVEN IF
MYCLICKAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE
SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF
MYCLICKAPPS BY VIRTUE OF THESE TERMS OR BECAUSE OF THE
RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE
NEGLIGENCE OF MYCLICKAPPS OR OTHERWISE, SUCH LIABILITY IS AND
SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED
DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE
AND EXCLUSIVE. USER ACKNOWLEDGES AND AGREES THAT
MYCLICKAPPS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO
VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR
ARE PASSED THROUGH, THE MYCLICKAPPS WEB SITE OR THE ACCESS
SOFTWARE. HOWEVER, USER HEREBY ASSUMES ALL RESPONSIBILITY
(AND HEREBY HOLDS MYCLICKAPPS HARMLESS) FOR DETECTING AND
ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON
USER'S COMPUTER EQUIPMENT, BY WHATEVER MEANS USER DEEMS
MOST APPROPRIATE FOR USER'S NEEDS. THE PROVISIONS CONTAINED
IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS
USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
MYCLICKAPPS (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES OR SUBCONTRACTORS) FOR, AND AGAINST, ANY
AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE
PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO USER'S
ACCESS TO, AND USE OF, THE MYCLICKAPPS WEB SITE, INCLUDING THE
INFORMATION OBTAINED THROUGH THE MYCLICKAPPS WEB SITE.
- Export Control
User agrees that User is not in a country where such export of information, such
as that contained on the MyClickApps web site, is prohibited or that User is a
person or entity to which such export is prohibited. User is responsible for
compliance with the laws of User's local jurisdiction regarding import or export of
the information contained in the MyClickApps web site and its access software.
- No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other
documents relating to the MyClickApps web site, these Terms shall govern,
whether such documents are prior or subsequent, to this Agreement, or is signed
or acknowledged by any director, officer, employee, representative or agent of
- Attorney's Fees
If MyClickApps takes action (by itself or through its representatives) to enforce
any of the provisions of these Terms, in addition to all sums to which it is entitled
or any other relief, at law or in equity, MyClickApps shall be entitled to recover
from User and User agrees to pay, reasonable and necessary attorney's fees
and all costs of any litigation.
- Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of the
State of Delaware and the United States, excluding any conflicts of laws
principle. To the extent allowed by applicable law, any claims or causes of action
arising from, or relating to, User's access and use of the MyClickApps web site
contemplated by these Terms, must be instituted within two (2) years from the
date upon which such claim or cause arose or was accrued. Further, any such
claim or cause of action may only be brought in the appropriate Delaware court,
and User agrees to submit to the exclusive personal jurisdiction of such court and
hereby appoints the officer of such court as agent for service of process.
If any provision of these Terms is found to be unlawful or unenforceable in any
respect, the court shall reform such provision so as to render it enforceable (or, if
it is not possible to reform such provision so as to make it enforceable, then
delete such provision); and, as so reformed or modified, fully enforce the
remainder of the Terms and this Agreement.
- Data Protection
A. MyClickApps recognizes that any data provided by User is extremely
important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting
data, such as emails or personal information, via the Internet, because it is
impossible to completely safeguard against unauthorized access by third-parties.
Nevertheless, MyClickApps shall do what is reasonable to safeguard User data,
subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if
it does not infringe upon third-party rights, unless the respective party has given
prior consent in view of such security risks.
D. Accordingly, MyClickApps shall not be held liable for any damages
incurred as a consequence of such security risks or for any related acts of
SEPARATELY, ON THE MYCLICKAPPS WEB SITE.
- Unsolicited Idea Submission Policy
MYCLICKAPPS DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDING OR DISPUTES WHEN MYCLICKAPPS' SERVICES OR
MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY
OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS
TO MYCLICKAPPS OR ANYONE ASSOCIATED WITH MYCLICKAPPS. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
MYCLICKAPPS MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
- Section Titles
The section titles used in these Terms are purely for convenience and carry with
them no legal or contractual effect.
- Contact Information
Please contact MyClickApps by sending an email to:
Support@MyClickApps.com. User may also send us mail through the US Postal
Service, addressed to:
1521 CONCORD PIKE #301
WILMINGTON, DE 19803
- Entire Agreement
These Terms constitute the entire Agreement between the parties regarding the
subject matter hereof, and no other agreement as to such subject matter, written
or oral, exists.
THESE TERMS WERE LAST UPDATED ON JUNE 2, 2011.