BY USING AND/OR
VISITING THIS WEBSITE (collectively, including all Content available through
the ClickaCoupon.com domain name, the "ClickaCoupon.com Website", or
"Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS OF
ClickaCoupon.com’s PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://clickacoupon.com/site/clickacoupon.php?page=privacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use the ClickaCoupon.com’s Website.
These Terms of
Service apply to all users of the ClickaCoupon.com Website, including users who
are also contributors of graphics, text, photos, sound, audio, & video
content, information, and other materials or services on the Website. The
ClickaCoupon.com Website may contain links to third party websites that are not
owned or controlled by ClickaCoupon.com. ClickaCoupon.com has no control over,
and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, ClickaCoupon.com will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly relieve ClickaCoupon.com from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware when
you leave the ClickaCoupon.com Website and to read the terms and conditions and
privacy policy of each other website that you visit.
A.
ClickaCoupon.com hereby grants you permission to use the Website as set forth
in this Terms of Service, provided that: (i) your use of the Website as
permitted is solely for commercial use; (ii) you will not copy or distribute any
part of the Website in any medium other than for its intended purpose without
ClickaCoupon.com’s prior written authorization; (iii) you will not alter or
modify any part of the Website other than as may be reasonably necessary to use
the Website for its intended purpose; and (iv) you will otherwise comply with
the terms and conditions of these Terms of Service.
B. In order to
access some features of the Website, you will have to create an account. You
may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account
password secure. You must notify ClickaCoupon.com immediately of any breach of
security or unauthorized use of your account. Although ClickaCoupon.com will
not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of ClickaCoupon.com or others due to such
unauthorized use.
C. You agree not
to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses the Website in a manner that sends more request messages to the ClickaCoupon.com servers in a given period
of time than a human can reasonably produce in the same period by using a
convention on-line web browser. Notwithstanding the foregoing, ClickaCoupon.com
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. ClickaCoupon.com reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.
The content on
the ClickaCoupon.com Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to ClickaCoupon.com, subject to
copyright and other intellectual property rights under United States and
foreign laws and international conventions. Content on the Website is provided
to you AS IS for your information and personal use in redemption to said
business only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
ClickaCoupon.com reserves all rights not expressly granted in and to the
Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of
the ClickaCoupon.com Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the Website, ClickaCoupon.com
or the Content therein.
A. The
ClickaCoupon.com Website may now or in the future permit the submission of
text, graphics, photos, sounds, music, videos, scripts or other communications
submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, ClickaCoupon.com does
not guarantee any confidentiality with respect to any submissions.
B. You shall be
solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize ClickaCoupon.com to use
all patent, trademark, trade secret, copyright or other proprietary rights in
and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting
the User Submissions to ClickaCoupon.com, you hereby grant ClickaCoupon.com a
worldwide, non-exclusive, royalty-free, sublicense able and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the Website and ClickaCoupon.com’s (and its successor's) business,
including without limitation for promoting and redistributing part or all of
the ClickaCoupon.com Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the
ClickaCoupon.com Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Service. The
foregoing license granted by you terminates once we or you remove or delete a
User Submission from the ClickaCoupon.com Website.
C. In
connection with User Submissions, you further agree that you will not: (i)
submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant ClickaCoupon.com all of
the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage ClickaCoupon.com or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another
person. ClickaCoupon.com
does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and ClickaCoupon.com expressly disclaims any and all
liability in connection with User Submissions. ClickaCoupon.com does not permit copyright infringing
activities and infringement of intellectual property rights on its Website, and
ClickaCoupon.com will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. ClickaCoupon.com reserves the right to remove
Content and User Submissions without prior notice. ClickaCoupon.com will also terminate a User's access to its
Website, if they are determined to be a repeat infringer. A repeat infringer is
a User who has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Website more than twice.
ClickaCoupon.com also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual property law,
such as, but not limited to, pornography, obscene or defamatory material, or
excessive length. ClickaCoupon.com may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
D. In
particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii)
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii)
Identification of the material that is claimed to be infringing or to 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 the service
provider to locate the material;
(iv) Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
(v) A statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement
that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
ClickaCoupon.com’s
designated Copyright Agent to receive notifications of claimed infringement is:
Michael W. Connolly, 1071 Park Ave. West, Mansfield, Ohio 44906. email:
copyright@ClickaCoupon.com, telephone: 419-529-2687, fax: 419-525-2687. For
clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to ClickaCoupon.com customer service through http://clickacoupon.com/site/clickacoupon.php?page=contact
. You acknowledge that if you fail to comply with all of the requirements of
this Section 5(D), your DMCA notice may not be valid.
E. You
understand that when using the ClickaCoupon.com Website, you will be exposed to
User Submissions from a variety of sources, and that ClickaCoupon.com will not
be responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against
ClickaCoupon.com with respect thereto, and agree to indemnify and hold
ClickaCoupon.com, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use
of the site.
YOU AGREE THAT
YOUR USE OF THE CLICKACOUPON.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, CLICKACOUPON.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLICKACOUPON.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE CLICKACOUPON.COM WEBSITE. CLICKACOUPON.COM DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE CLICKACOUPON.COM WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY COUPON, BILLBOARD, MENU BOARD, BANNER OR
OTHER ADVERTISING, AND CLICKACOUPON.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL
CLICKACOUPON.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLICKACOUPON.COM WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY
ACKNOWLEDGE THAT CLICKACOUPON.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by ClickaCoupon.com from its facilities in the United
States of America. ClickaCoupon.com makes no representations that the
ClickaCoupon.com Website is appropriate or available for use in other
locations. Those who access or use the ClickaCoupon.com Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
You agree to
defend, indemnify and hold harmless ClickaCoupon.com, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of
and access to the ClickaCoupon.com Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service
and your use of the ClickaCoupon.com Website.
You affirm that
you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service.
These Terms of
Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by ClickaCoupon.com without
restriction.
You agree that:
(i) the ClickaCoupon.com Website shall be deemed solely based in Ohio; and (ii)
the ClickaCoupon.com Website shall be deemed a passive website that does not
give rise to personal jurisdiction over ClickaCoupon.com, either specific or
general, in jurisdictions other than Ohio. These Terms of Service shall be
governed by the internal substantive laws of the State of Ohio, without respect
to its conflict of laws principles. Any claim or dispute between you and
ClickaCoupon.com that arises in whole or in part from the ClickaCoupon.com
Website shall be decided exclusively by a court of competent jurisdiction
located in Richland County, Ohio. These Terms of Service, together with the
Privacy Notice at http://clickacoupon.com/site/clickacoupon.php?page=privacy and any
other legal notices published by ClickaCoupon.com on the Website, shall
constitute the entire agreement between you and ClickaCoupon.com concerning the
ClickaCoupon.com Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and ClickaCoupon.com’s failure to assert any right
or provision under these Terms of Service shall not constitute a waiver of such
right or provision. ClickaCoupon.com reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the ClickaCoupon.com
Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND CLICKACOUPON.COM AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLICKACOUPON.COM
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.