Last modified on: May 16th 2016
1.1. CliClap offers a software as a service platform (the “Platform”) which provides its users tools to add widgets on top of every content they share through digital channels (the ” Platform Services”).
2.3. The User undertakes to refrain from taking the following actions in relation to the Platform Services:
2.3.2. Making any alteration, modification or changes to the Platform or the Platform Services;
2.3.3. Interfering with the Platform design, source code or any element of the Platform;
2.3.4. Inappropriately using the intellectual property rights of any third party;
2.3.5. Removing or obscuring any proprietary notices on the Platform Service;
2.3.6. Attempting to gain unauthorized access to any portion or feature of the Platform Services, or any other systems or networks connected to the Platform Services or to any CliClap’s server, or to any of the services offered on or through the Platform Services, by hacking, password “mining”, or any other illegitimate means;
2.3.7. Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Platform Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform Services;
2.3.8. Probing, scanning or testing the vulnerability of the Platform Services or any network connected to the Platform Services, nor breach the security or authentication measures on the Platform Services or any network connected to the Platform Services;
2.3.9. Using the Platform to distribute copy, reproduce, transmit, publicly display, publish, edit or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander and hate speech, bullying and harassment including content that directly attacks people or shaming them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;
2.5. CliClap reserves the rights to change, suspend or discontinue the Platform Services at any time, including the availability of any feature, database, or content. CliClap may also impose limits on certain features and services or restrict the user’s access to parts or all of the Platform Services without notice or liability.
3. User account
3.2. The use of the Platform Services and the Account shall be available and permitted solely to use by the User’s and he shall not be allowed to assign his Login to third parties.
3.3. Optional premium paid services are available in accordance with CliClap’s Policy. By selecting the premium paid services the User agrees to pay CliClap monthly or annual subscription fees indicated for such services. Payments will be charged on the day the User sign up for premium paid services and will cover the use of the said services as indicated. The fees paid for premium paid services are not refundable. It is hereby clarified that the payment rates for the premium paid services may be changed from time to time at CliClap’s sole discretion.
3.4 It is hereby clarified that despite that CliClap is taking measures to secure the Login, it cannot completely guarantee an unauthorized penetration into the Account and the User will not hold CliClap liable for any claim of direct or indirect damages incurred as a result of unauthorized penetration to the Account.
3.5. Without derogating from any of the terms and conditions herein, the User undertakes to act in accordance with the following terms in relation to the Account and the Login:
3.5.1. The User is solely responsible for maintaining the confidentiality and security the details of his Account including his Login, and the User will remain responsible for all use of his Account and all activity steams from his Account, whether or not such activity was authorized by him.
3.5.2. The User shall notify CliClap immediately of any suspicion that his Account has been accessed by unauthorized third parties or if his Login is lost or stolen. In such cases CliClap shall change the Login details at the earliest possible opportunity.
3.5.3. The User has examine, before using the Platform Services, and ensured that the Platform Services are suitable for his needs, and he waives any claim with respect to the Platform Services not being fit for his needs.
3.5.4. The User is solely responsible to verify before using the Platform Services the condition of his internet connection – CliClap shall not bear any responsibility for damage that may be caused due to User’s internet connection problems.
3.5.5. The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Platform Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Platform Services.
4. The platform services
4.1. The User can use the Platform Services in order to attach his message to any internet page he would like to share through digital channels.
4.2. The Platform Services allows the User to monitor the entries to the shared pages and to offer the viewers of the shared pages with the option to actively access shared widgets and be redirected to other pages.
4.3. The owners of the shared pages, which have installed the Platform and registered to it, will be able to contact the User who shared their pages through the Platform.
4.5. The User can choose to opt out and to stop using the Platform Services, stop receiving information, connecting him or deliver his information to the links owners and updates from CliClap, in the form and manner described below.
5. Intellectual Property
5.3. In case that the User chooses to opt out from the Platform, to terminate his Account or in case the Account is terminated in accordance with CliClap decision, CliClap may, but is not obligated to, maintain the User’s information for a period of 6 (six) months following the termination. After the said 6 (six) months period CliClap may, but is not obligated to, delete this information. If the User wishes to delete his information sooner, he must contact CliClap and ask for such deletion.
5.4. CliClap does not support the distribution of pornographic or other offensive content. Except as expressly authorized by CliClap in writing, the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
THE PLATFORM SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILE CLICLAP USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO CLICLAP’S ATTENTION, CLICLAP MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESSED OR IMPLIED) REGARDING THE PLATFORM SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. CLICLAP DOES NOT WARRANT THAT THE USER USE OF THE PLATFORM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM SERVICES OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE PLATFORM SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CLICLAP AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE USER HEREBY WAIVES SUCH CLAIM OR WARRANTY.
CLICLAP USES REASONABLE MEASURES IN ORDER TO PREVENT FROM ANY CONTENT THAT CONTAINS PORNOGRAPHIC MATERIAL, VIOLENT EXPRESSIONS, SLANDER AND HATE SPEECH, BULLYING AND HARASSMENT INCLUDING CONTENT THAT DIRECTLY ATTACKS PEOPLE OR SHAMING THEM BASED ON THEIR RACE, ETHNICITY, NATIONAL ORIGIN, RELIGIOUS AFFILIATION, SEXUAL ORIENTATION, SEX, GENDER, OR GENDER IDENTITY, OR SERIOUS DISABILITIES OR DISEASES, TO BE PUBLISHED THROUGH THE PLATFORM. THE USER AGREES NOT TO DISTRIBUTE COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. NOTWITHSTANDING, CLICLAP SHALL NOT BE LIABLE TO ANY DAMAGES CAUSED BY CONTENT PUBLISHED BY THE USER OR ANY OTHER USERS AND THE USER HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST CLICLAP WITH RESPECT TO SUCH CLAIMS.
8. Limitation of Liability
CLICLAP AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
(A) THE USER INABILITY TO ACCESS OR USE THE PLATFORM SERVICES OR ANY PART OR PARTS THEREOF;
(B) ANY CHANGES THAT CLICLAP MAY MAKE TO THE PLATFORM SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM SERVICES TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN THE PLATFORM SERVICES;
(E) THE USER FAILURE TO KEEP HIS ACCOUNT DETAILS AND HIS LOGIN SUITABLY CONFIDENTIAL;
(F) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
(H) ANY LOSS OR DAMAGE CAUSED CONTENT OF THIRD PARTIES PUBLISHED THROUGH THE PLATFORM BY THE USERS AND THIRD PARTIES WHICH MAY OFFEND ANY USER OR HARM HIS SYSTEMS IN ANY WAY.
CLICLAP SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USER USE OF THE PLATFORM SERVICES MUST BE NOTIFIED TO CLICLAP AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER. IN SUCH CASES, THE USER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE USER AND CLICLAP, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE USER AND CLICLAP, AND THAT CLICLAP’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.1. The User hereby agree to indemnify, defend and hold harmless CliClap, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
9.1.2. any activity related to the Account, be it by the User or by any other person accessing the Account with or without the User’s consent unless such activity was caused by the act or default of CliClap.
11. Applicable Law and Jurisdiction