clickbooq Terms of Service
1. The Service. clickbooq currently provides users with access to a rich collection of on-line applications, tools, and resources, all of which enable you to design and publish your photography portfolio on the Internet. The Service also includes tools that enable you to upload your images and text, create website templates, and set up email accounts. To use clickbooq's application, you must maintain a web hosting account on clickbooq's servers and pay all applicable hosting fees. clickbooq will provide you with access to the Service and host your web site on clickbooq's Web Hosting servers, provided, however, you abide by the terms, conditions, provisions, and restrictions set forth in this Agreement. The Service is provided to you by clickbooq on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the clickbooq Terms of Service (or other applicable terms of service or other agreement that is related to such new feature).
2. Children Under 13. Please note that the Service and the clickbooq Web site (located at the url http://www.clickbooq.com), network, system, software, service, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to clickbooq's attention through reliable means that a registered User is a child under 13 years of age, clickbooq will cancel that User's account.
3. Terms of Registration; Fees and Payment.
3.3. If you would like to renew your subscription after cancellation, you will need to subscribe again with a new user account.
3.4. All of your Content will be immediately deleted from the Service upon any cancellation or termination by clickbooq of your User account. This information cannot be recovered once your User account is cancelled or terminated.
3.5. clickbooq may terminate any User account if such User fails to comply with any term or condition of this Agreement. Such termination of the Service will result in the deactivation or deletion of your User account or your access to your User account, and the forfeiture and relinquishment of all Content in your User account.
3.6. The Service is intended for the use of Users over the age of 18. The Service is provided for a monthly or annual fee, exclusive of other Internet or other telecommunication fees.
3.7. When and if you complete the clickbooq online registration form, you agree to provide accurate, current, and complete information about yourself (the "Personal Data") as prompted by the clickbooq online registration form, and to maintain and update your Personal Data to keep accurate, current, and complete. You agree that clickbooq shall have no obligation to verify the Personal Data. You agree that clickbooq may rely on your Personal Data as accurate, current, and complete. You agree that if your Personal Data is untrue, inaccurate, not current, or incomplete in any respect, that clickbooq shall have the right, without obligation, to terminate your membership with the clickbooq Service.
3.8. As part of the registration process, you will be asked to select a username and password. clickbooq reserves the right to refuse to grant any username that impersonates the name of another User or any third party, that may be illegal, that may be or is protected by copyright, trademark, or other intellectual property or proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as clickbooq may determine in its sole discretion. You are solely responsible to maintain the confidentiality of your username and password, and to monitor and police the use thereof, and for any and all activities that are conducted using such username and password, and agree not to transfer or resell your username, password, or use of or access to the Service to any third party.
3.9. You agree to pay all fees or charges to your User account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due or payable. Payments may be made annually or monthly, consistent with the Initial Term, or as otherwise mutually agreed upon. A valid credit card is required for paying User accounts. You will be notified by email if your credit card payment is declined, and we will attempt to bill your credit card again. If payment is declined 5 times or payment is not made within ten days of the renewal date, your User account will be suspended and your website will no longer be accessible.
3.10 We may notify you by email if your credit card on file will expire before your renewal date. Expired credit cards at the time of renewal will result in immediate suspension of your Service.
3.11. For monthly payment plans, you will be billed automatically each month on the anniversary date of the day you subscribed. You are always billed in advance for the coming month and you will be notified in advance of your renewal approximately 2-3 days prior to your renewal date. Your monthly payments for the Service shall be automatically charged to the credit card provided by you at the time of your purchase.
3.12. If you selected the annual payment plan and/or the annual hosting plan ("Annual Subscription"), you will be billed the annual rate in advance for the entire one-year term. On the anniversary (end date) of an Annual Subscription, the Subscription will automatically renew for one year. clickbooq will automatically charge your User account for renewal of the Annual Subscription unless you canceled. You are always billed in advance for theannual renewal and you will be notified in advance of your renewal approximately 2-3 days prior to your renewal date.
3.13. Annual domain registrations purchased through clickbooq are set to renew automatically 30 days prior to the registry expiration date. clickbooq will automatically charge your User account for renewal of the domain registration unless you cancel your domain renewal at least three (3) business days prior to the renewal date by contacting clickbooq customer service at firstname.lastname@example.org. Domain renewals can not be canceled online. Domain renewals are charged at a cost of $15 USD per year. If that attempt fails (credit card information is no longer valid or otherwise declined), we will attempt to bill your credit card again. Within 30 days of your renewal date, a reminder e-mail will be sent to the e-mail address that you supplied within your registration or User account information specifying the renewal date of your domain.
3.14. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your User account. clickbooq shall not be liable for any such loss. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, domain registrations or refunds for months unused with an open User account. clickbooq reserves the right to terminate this Agreement and your access to the Service if your User account becomes delinquent. You agree and acknowledge that clickbooq has no obligation to retain any of your content and that this content may be irretrievably deleted if your User account is 60 days or more delinquent.
4. User Conduct.
4.1. You understand that all Content information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression ("Information"), whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Information originated. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via the Service. For example, and without limitation, you shall not:
4.2. clickbooq does not control, monitor or review the Information uploaded, posted, transmitted or made available on or through the Service and, as such, shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using the Service, you may be exposed to Information that is offensive, indecent, or objectionable.
4.3. You are solely responsible for your interactions with other Users. clickbooq has the right, without obligation, to monitor disputes between you and other Users.
5. Information Posted on The Service.
5.1. By transmitting, uploading, posting or submitting any Information to the Service you (a) declare such Information is not confidential, secret or proprietary information belonging to a third party; (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to the Service does not violate any copyright or other laws.
5.3. THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING THE SERVICE YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS; (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE, DISTRIBUTE, MODIFY, OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY, AND EXPORT LAWS.
6. Third Party Links. The Service may include links to third party Web sites. These links allow you to exit the Service and enter third party or other Users Web sites. These links are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by clickbooq and clickbooq is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply clickbooq's sponsorship or endorsement of the linked site. In no event shall clickbooq be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' websites or the Information, advertising, products, resources or material accessed through these websites. clickbooq reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or Web site, from the Service.
7. DISCLAIMER OF WARRANTIES.
7.1. YOU EXPRESSLY AGREE THAT ENTERING OR USING OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY clickbooq; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. clickbooq MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
7.2. clickbooq MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION WITHIN THE USER ACCOUNTS IS PROVIDED BY THE USERS. THE INFORMATION AVAILABLE ON OR THROUGH USER ACCOUNTS IS NOT REVIEWED, CONTROLLED, OR EXAMINED BY clickbooq IN ANY WAY BEFORE IT APPEARS ON THE SERVICE. clickbooq DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR ACCOUNTS AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR ACCOUNTS (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).
7.3. clickbooq DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; 2) THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; 3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY clickbooq WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR 4) THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE ANY USER'S INFORMATION OR SYSTEM
8. LIMITATIONS OF LIABILITY.
8.1. IN NO EVENT SHALL clickbooq BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF clickbooq SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
8.2. IN NO EVENT SHALL clickbooq BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SERVICE.
8.3. YOU EXPRESSLY AGREE THAT clickbooq SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR IS IT REQUIRED TO RETURN ANY DATA, RESULTING FROM THE SUSPENSION OR DELETION OF THE SERVICE (OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, USER ACCOUNTS), NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS.
8.4. YOU EXPRESSLY AGREE THAT clickbooq SHALL NOT BE LIABLE FOR ANY CONDUCT BY USERS OF THE SERVICE, INCLUDING BUT NOT LIMITED TO USERS' INFORMATION PROVIDED. clickbooq SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH THE SERVICE.
9.4. Software from the Service is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9.5. If there is any dispute about or involving the Service, by using the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California.
9.7. Any reference made in this document to clickbooq shall be deemed to have been made to clickbooq, its subsidiaries, successors, assignees, affiliates as well as any company that controls clickbooq, directly or indirectly, and any other subsidiary of that controlling company.