Last Revision: April 20th 2018
The terms below are written to govern the relationship between Click, its users, and others who interact with Click, its brands, products, and services, which we call the "Click Services" or "Services." By using our Services, you agree to the terms outlined below:
- Sharing Your Content and InformationYou own all of the content and information you post on Click, and you can control how it is shared through your privacy and application settings. In addition:
+ For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Click (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
+ When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may exist as backup copies for a reasonable period of time (but will not be available to others).
+ When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Click, to access and use that information, and to associate it with you (i.e., your name and profile picture).
+ We always appreciate your feedback or other suggestions about Click, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- SafetyWe do our best to keep Click safe, but we cannot guarantee it. We need your help to keep Click safe, which requires the following commitments from you:
+ You will not post unauthorized commercial communications (such as spam) on Click.
+ You will not collect users' content or information, or otherwise access Click, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
+ You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Click.
+ You will not upload viruses or other malicious code.
+ You will not solicit login information or access an account belonging to someone else.
+ You will not bully, intimidate, or harass any user.
+ You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
+ You will not use Click to develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
+ You will not use Click to do anything unlawful, misleading, malicious, or discriminatory.
+ You will not do anything that could disable, overburden, or impair the proper working or appearance of Click, such as a denial of service attack or interference with page rendering or other Click functionality.
+ You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security+ Click users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
+ You will not provide any false personal information on Click, or create an account for anyone other than yourself without permission.
+ You will not create more than one personal account.
+ If we disable your account, you will not create another one without our permission.
+ You will not use your personal Profile page primarily for your own commercial gain, and will use a Click Business Page for such purposes.
+ You will not use Click if you are under 13.
+ You will not use Click if you are a convicted sex offender.
+ You will keep your contact information accurate and up-to-date.
+ You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
+ You will not transfer your account (including any Page or application you administer) to anyone without first getting our prior written permission.
+ If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights: We respect other people's rights, and expect you to do the same.+ You will not post content or take any action on Click that infringes or violates someone else's rights or otherwise violates the law.
+ We can remove any content or information you post on Click if we believe that it violates this Statement or our policies.
+ If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
+ If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
+ You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by us with our prior written permission.
+ You will not post anyone's identification documents or sensitive financial information on Click.
- Mobile and Other Devices+ We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
+ In the event you change or deactivate your mobile telephone number, you will update your account information on Click within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
+ You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Click.
- About Advertisements and Other Commercial Content Served or Enhanced by ClickOur goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
+ You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
+ We do not give your content or information to advertisers without your consent.
+ You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Software+ If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
+ You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- Amendments+ We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
+ + If we make changes to policies, guidelines, or other terms referenced in or incorporated by this Statement, we may provide notice on our websites of such changes.
+ Your continued use of the Click Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- TerminationClick reserves the rights to delte your account at any time. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Click Services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
- Disputes+ You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Click Services exclusively in the U.S. District or a state court located in Multnomah County of Oregon, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Oregon will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
+ If anyone brings a claim against us related to your actions, content or information on Click, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Click and are not responsible for the content or information users transmit or share on Click. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Click. We are not responsible for the conduct, whether online or offline, of any user of Click.
+ WE TRY TO KEEP Click OPERATIONAL, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Click AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Click WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Click WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Click IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Click SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Click WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Click's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United StatesWe strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Click outside the United States:
+ You consent to having your personal data transferred to and processed in the United States.
+ If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Click (such as advertising or payments) or operate a Platform application or website. You will not use Click if you are prohibited from receiving products, services, or software originating from the United States.
- Others+ If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Winkers, Inc.
+ This Statement makes up the entire agreement between the parties regarding Click, and supersedes any prior agreements.
+ If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
+ If we fail to enforce any of this Statement, it will not be considered a waiver.
+ Any amendment to or waiver of this Statement must be made in writing and signed by us.
+ You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
+ All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
+ Nothing in this Statement shall prevent us from complying with the law.
+ This Statement does not confer any third-party beneficiary rights.
+ We reserve all rights not expressly granted to you.
+ You will comply with all applicable laws when using or accessing Click.
What are cookies?
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.”
Cookies help us provide, protect and improve the Click Services, such as by personalizing content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the Click Services, they generally fall into the below categories of use:
- The Click Services
- Services provided by other members of the Click family of companies; and
- Services provided by other companies that use the Click Services
We may also set and receive information stored in cookies from other domains used by the Click family of companies.
Our goal is to give people the power to connect, share, and make the world more open and connected. We also want people to feel safe when they use Click and the Community Standards below will help us achieve this goal.
- Helping to Keep You Safe: We remove content, disable accounts, and work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety. Although the company will endeavor to put in safeguards, Click can not guarantee it can safeguard against all future malicious uses of our geolocation services that allow people to know where others are and potentially cause harms to them. By choosing to use our Services, you acknowledge that it is not the company's fault when these situations arise.
- Encouraging respectful behavior: People use Click to share their experiences and to raise awareness about issues that are important to them. This means that you may encounter opinions that are different from yours, which we believe can lead to important conversations about difficult topics. To help balance the needs, safety, and interests of a diverse community, however, we may remove certain kinds of sensitive content or limit the audience that sees it.
- Keeping your account and personal information secure: We work hard to help keep your account secure and protect your personal information. By joining Click, you agree to use your authentic name and identity. You may not publish the personal information of others without their consent.
- Protecting your intellectual property: Click is a place for you to share the things that are important to you. You own all of the content and information you post on Click, and you can control how it is shared through your privacy and application settings. However, before sharing content on Click, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.
How to Report Abuse
We strive to welcome people to an environment free from abusive content. To do this, we rely on people like you. If you see something on Click that you believe violates our terms, please report it to us. We have dedicated teams working around the world to review things you report to help make sure Click remains safe.