Terms And Conditions


TERMS OF USE


Last Updated: September 10, 2013

 

By using the Klickd.com website, (the "Site") you agree to be bound by these Terms of Use (“Terms of Use” or "Agreement"), whether or not you register as a member (“Member) of Klickd.com. If you wish to become a Member and make use of the Klickd.com service (the "Service") please read these Terms of Use.  If you object to anything in the Agreement or the Klickd.com Privacy Policy (which is also available on this Site and should be read in conjunction with this Agreement) you may not use the Website or the Service.  The Terms of Use are subject to change at any time, and shall be effective once posted on the Site. Your use of the Service after such posting will constitute your acceptance of the change(s). Therefore, by using the Service after the Effective Date posted above, you are agreeing to be bound by the Agreement, including all amendments made as of such date. You are encouraged to print and keep a copy of this Agreement for your records. 

 

ELECTRONIC AGREEMENT This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and your membership in the Service.

 

ELECTRONIC FORM By accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.  

 

ELIGIBILITY You must be at least eighteen (18) years of age to use the Site, single or separated from your spouse, and you must not be a convicted sex offender to register as a member of Klickd.com. You must also have a good faith intention to find a relationship or explore the site, but you are prohibited from using the site for personal commercial gain through individual interaction with the Site’s members and/or from soliciting any services from the Site’s members of any kind. Membership in the Service is void where prohibited. By visiting Klickd.com and accepting these Terms of Use, you represent and warrant that you are eligible to enter into this Agreement and are able to abide by all of the terms and conditions of this Agreement. You also represent and warrant that you will use this Website in a manner consistent with any and all applicable laws and regulations.

 

MEMBERSHIP AND EVENTS You may become a Member of the Service free of charge. Free membership will only entitle you to participate in some, but not all, of the features and services available as part of the Service. Cetain posted Events or Classes may require a fee to attend which will be visible on the event's description page. When applicable, fees may be paid online via PayPal.com  All Event Fees are non-refundable.  The purchaser is responsible for paying all applicable taxes in connection with the payment for any event or class.  

 

ALL SALES ARE FINAL AND NON-REFUNDABLE. 

  

Once purchased, the event fee has no monetary value and only entitles you to attend the event or class.  The purchaser is responsible for paying all applicable taxes in connection with the purchase of the event fee.  Klickd.com reserves the right to change its pricing policy at any time and incorporate a new or additional pricing structure for events and classes.  You, and not Klickd.com, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you.  

 

TERM This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions in the My Account section on the Website or by sending email notice of termination to admin@klickd.com. You must include the words “Cancel Service” in the subject line of the email.  If you terminate your membership, your account will be deleted, but you will not be entitled to any refund of any paid event fees. Klickd.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Klickd.com. If Klickd.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused event fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Klickd.com. Klickd.com is not required to provide you notice prior to terminating your membership. Klickd.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 

 

NO COMMERCIAL USE OF SITE BY MEMBERS The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Klickd.com, which may be revoked at any time, for any reason, in Klickd.com's sole discretion.

 

ACCOUNT SECURITY You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Klickd.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Klickd.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

 

YOUR INTERACTIONS WITH OTHER MEMBERS You are solely responsible for your interactions with other Members via the Service and off the Service and Klickd.com will not intervene in disputes between you and members of the Service. You understand that Klickd.com does not screen its Members, does not conduct criminal background screening of its members and does not inquire into the backgrounds of its Members and/or attempt to verify the statements of its Members as truthful or accurate. Nor can we act to prevent the creation of fraudulent or misleading profiles, as may occur from time to time. You are therefore advised to act prudently when interacting with or meeting Members from the Site, and to follow safe dating practices. Klickd.com makes no representations or warranties as to the conduct of individual Members or their compatibility with any current or future Members of the Service. In no event shall Klickd.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or the conduct of anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline and in person. You understand that Klickd.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

 

PROPRIETARY RIGHTS Klickd.com owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Klickd.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

RELIANCE ON CONTENT AND ADVICE You shall not rely on any opinions, advice, statements, offers, or other information or content made available through the Service. Klickd.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Klickd.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.  

 

CONTENT POSTED BY YOU ON KLICKD.COM 

You are solely responsible for the Content that you publish or display ("post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members via the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Klickd.com or to any of its Members. If information provided to Klickd.com or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify Klickd.com of such change or effect such change on your individual profile.

 

You understand and agree that Klickd.com may review, edit and/or delete any content, messages, emails, postings on message board, photos or profiles, etc. (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Klickd.com violates this Agreement or which might be offensive, illegal, defamatory, abusive, profane, obscene, offensive, harassing, or that might violate the rights of or harm or threaten the safety of Members.  

 

By posting Content to any public area of Klickd.com, you automatically grant, and you represent and warrant that you have the right to grant, to Klickd.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, distribute, sell, transfer and assign such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Klickd.com will not infringe or violate the rights of any third party.  

 

The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Klickd.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

 

-is patently offensive to the community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

-harasses or advocates harassment of another person;

 

-involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

 

-promotes information known to be false, misleading or that promotes illegal activities, and conduct that is abusive, threatening, obscene, defamatory or libelous;

 

-promotes commercial purposes unless posted by a valid, registered business on the site;

 

-promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

 

-provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

 

-provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

-solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

 

-engages in commercial activities and/or sales without the Site’s prior written consent such as contests, sweepstakes, bartering, advertising or pyramid schemes.

 

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

 

You may not include in your Member profile any telephone numbers, street addresses, last names, instant messenger names, URLs or email addresses.

 

Klickd.com will, at its discretion and for purposes of keeping the site true to its purpose, merge or rename Interest Groups as necessary, and add Members to relevant interest groups as stated in their profiles.  When suggesting a new interest group for the site, the group may not be offensive, illegal, defamatory, abusive, profane, obscene, offensive, harassing, harmul, or threatening in nature.  The use of any person's name, or that of any celebrity, musician, public figure or similar must be followed by the word "Fans" to be approved for the site.  Because of the nature of how Interest Groups are created, human error may cause Interest Groups to be formed that are duplicates, misspelled, or otherwise similar in nature to a group already in existence.  In that instance, Klickd.com's Customer Care Team will merge similar groups or edit group names as necessary. Should a User believe that his/her Interest Group was deleted/merged/edited in error, please send an email to admin@klickd.com with an explanation. Note; however, that we retain sole authority to arrange and manage Interest Groups and their categorization on the Site, as well as an Interest Group’s constituent members.

 

You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service.  This does not apply to registered businesses who are posting events or classes. You may not transmit any chain letters or junk email to other Members. Although Klickd.com cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our  sole discretion.

 

All information you include in your Member profile must be accurate, current and complete.

 

PROHIBITED ACTIVITIES Klickd.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or which contains conduct that is unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

 

-You will not impersonate any person.

 

-You will not "stalk" or otherwise harass any person.

 

-You will not share/use a paying Membership and/or Member profile with more than one member.

 

-You will not express or imply that any statements you make are endorsed by Klickd.com without our specific prior written consent.

 

-You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

 

-You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

 

-You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

 

-You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.

 

-You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

-You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

 

-You will not "frame" or "mirror" any part of the Service or the Website, without Klickd.com's prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to Klickd.com or the Service or the Site in order to direct any person to any other web site for any purpose.

 

-You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or cause others to do so.

 

-In the event you were convicted of a felony or misdemeanor, Klickd.com reserves the right to delete and suspend Your profile if, in its sole discretion, Klickd.com considers that your conviction could compromise the integrity of the Klickd.com Site, as well as undermine the confidence of Klickd.com's members and subscribers in the safety, privacy and comfort of the Klickd.com Site.

 

IF YOU BECOME AWARE OF ABUSE BEING COMMITTED ON THE SITE, OR THIS AGREEMENT BEING BREACHED in BY A MEMBER, YOU SHOULD NOTIFY US AT ADMIN@KLICKD.COM.

 

DISCLOSURE TO PROTECT VICTIMS Notwithstanding any other provision of this Agreement or the Privacy Policy, the Site reserves the right, but has no obligation, to disclose any information that you submit to the Site, if in its sole opinion, Klickd.com suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Klickd.com, its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Klickd.com is permitted to make such disclosure.

 

CUSTOMER SERVICE Klickd.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

 

DISCLOSURE BY LAW You acknowledge and agree that Klickd.com may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the Site’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

   

FREE TRIALS AND OTHER PROMOTIONS Any free trial or other promotion must be used within the specified time of the trial. 

 

MODIFICATIONS TO SERVICE Klickd.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Klickd.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

BLOCKING OF IP ADDRESSES In order to protect the integrity of the Service, Klickd.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

 

COPYRIGHT POLICY You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact admin@klickd.com (Attn: General Counsel, Klickd.com) with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

MEMBER DISPUTES You are solely responsible for your interactions with other Klickd.com Members. Klickd.com reserves the right, but has no obligation, to monitor disputes between you and other Members on the Service.

 

PRIVACY Use of the Site and/or the Service is also governed by our Privacy Policy, which should be read in conjunction with these Terms of Use.

 

DISCLAIMERS Klickd.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users or Members of the Site, or by any of the equipment or programming associated with or utilized in the Service. Klickd.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Klickd.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Klickd.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Klickd.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided on an "as is" basis and Klickd.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Klickd.com cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

 
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to be relied upon in any way. Klickd.com makes no representations or warranties and expressly disclaims any and all liability concerning any action by, or effect on any person following the information offered or provided within or through the Site.

 

LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Klickd.com has no control over such sites and resources, you acknowledge and agree that Klickd.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Klickd.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

 

LIMITATION ON LIABILITY Except in jurisdictions where such provisions are restricted, in no event will Klickd.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Service, even if Klickd.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Klickd.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Klickd.com for the Service during the term of membership.

 

The Site may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that the Site and its contractors will have no liability to you arising from any incorrectly verified or potentially unverified information.

 

U.S. EXPORT CONTROLS Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site 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 the 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.

 

JURISDICTION AND CHOICE OF LAW If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware for the resolution of any such dispute.

 

INDEMNITY BY YOU You agree to indemnify and hold Klickd.com, its subsidiaries, affiliates, officers, agents, other partners and employees and independent contractors harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

PERSONAL SAFETY You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet based research options, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that Klickd.com is not designed, nor should you expect the Site, to do any of that for you.

 

OTHER This Agreement constitutes the entire agreement between you and Klickd.com regarding the use of the Site and Service. If any provision of this Agreement is held invalid, the remainder of this Agreement and all other provisions shall continue in full force and effect.

Sign Up


Join Klickd.com now to connect with the community, create your profile, share photos and more!

Join Now!

Have a Facebook Account?

Use Facebook Connect to get the most out of Klickd.com!