ClickCaster - Legal

Terms of Service

1. ACCEPTANCE OF TERMS

ClickCaster, Inc. ("ClickCaster") welcomes you. ClickCaster provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.clickcaster.com/about/legal. In addition, when using particular ClickCaster owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy, our Billing Policy, and our Privacy Policy) are hereby incorporated by reference into the TOS. ClickCaster may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

ClickCaster provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You understand that the Service may from time to time have features added, removed, or modified, at ClickCaster�s sole discretion. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ClickCaster to provide the Service. You also understand and agree that the Service may include certain communications from ClickCaster, such as service announcements, administrative messages and the ClickCaster Newsletter, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ClickCaster properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ClickCaster assumes no responsibility for the timeliness, accuracy, reliability, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that ClickCaster has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

You, or the individuals who electronically execute this Agreement on behalf of You, hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClickCaster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClickCaster has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. CLICKCASTER PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.clickcaster.com/about/privacy_policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ClickCaster and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ClickCaster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ClickCaster cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content, data or files"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content, data or files originated. This means that you, and not ClickCaster, are entirely responsible for all Content, data or files that you upload, post, email, transmit or otherwise make available via the Service. ClickCaster does not control the Content, data or files posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, data or files. You understand that by using the Service, you may be exposed to Content, data or files that may be offensive, indecent or objectionable. Under no circumstances will ClickCaster be liable in any way for any Content, data or files, including, but not limited to, any errors or omissions in any Content, data or files, or any loss or damage of any kind incurred as a result of the use of any Content, data or files posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content, data or files that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
harm minors in any way
mpersonate any person or entity, including, but not limited to, a ClickCaster official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, data or files transmitted through the Service
upload, post, email, transmit or otherwise make available any Content, data or files that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
upload, post, email, transmit or otherwise make available any Content, data or files that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy)
upload, post, email, transmit or otherwise make available 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
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
"stalk" or otherwise harass another
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that ClickCaster may or may not pre-screen Content, data or files, but that ClickCaster and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content, data or files that is available via the Service. Without limiting the foregoing, ClickCaster and its designees shall have the right to remove any Content, data or files that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, data or files, including any reliance on the accuracy, completeness, or usefulness of such Content, data or files. In this regard, you acknowledge that you may not rely on any Content, data or files created by ClickCaster or submitted to ClickCaster including without limitation information in ClickCaster Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that ClickCaster may access, preserve and disclose your account information and Content, data or files if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content, data or files violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ClickCaster, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, data or files, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ClickCaster and/or content providers who provide Content, data or files to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS ON CLICKCASTER NETWORK

When you register with ClickCaster, you acknowledge that in using ClickCaster services to send electronic communications (including but not limited to email, search queries, sending messages to, uploading audio, video and other file types, and other Internet activities), you will be causing communications to be sent through ClickCaster computer networks, portions of which are located in Colorado, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of ClickCaster network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, data or files. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT, DATA OR FILES SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

ClickCaster does not claim ownership of Content, data or files you submit or make available for inclusion on the Service. However, with respect to Content, data or files you submit or make available for inclusion on publicly accessible areas of the Service, you grant ClickCaster the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content, data or files you submit or make available for inclusion on publicly accessible areas of ClickCaster, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, data or files on the Service solely for the purposes of providing and promoting ClickCaster. This license exists only for as long as you elect to continue to include such Content, data or files on the Service and will terminate at the time you remove or ClickCaster removes such Content, data or files from the Service.

"Publicly accessible" areas of the Service are those areas of the ClickCaster network that are intended by ClickCaster to be available to the general public.

10. CONTRIBUTIONS TO CLICKCASTER

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ClickCaster through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ClickCaster is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ClickCaster shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ClickCaster may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ClickCaster without any obligation of ClickCaster to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ClickCaster under any circumstances.

11. INDEMNITY

You agree to indemnify and hold ClickCaster and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content, data or files you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ClickCaster ID), use of the Service, or access to the Service.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ClickCaster may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content, data or files will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ClickCaster�s servers on your behalf, the maximum bandwidth that will be made available to your account or Content, data or files, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ClickCaster has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content, data or files maintained or transmitted by the Service. You acknowledge that ClickCaster reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ClickCaster reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICE

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

15. TERMINATION

You agree that ClickCaster may, under certain circumstances and without prior notice, immediately terminate your ClickCaster account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (selfinitiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your ClickCaster account includes (a) removal of access to all offerings within the Service, including but not limited to ClickCaster Mail, Groups, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in ClickCaster 's sole discretion and that ClickCaster shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ClickCaster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ClickCaster has no control over such sites and resources, you acknowledge and agree that ClickCaster 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, data or files, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ClickCaster 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. CLICKCASTER�S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, data or files contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ClickCaster or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

ClickCaster grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ClickCaster for use in accessing the Service.

19. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. ClickCaster and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
ClickCaster and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or errorfree; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from ClickCaster or through or from the service shall create any warranty not expressly stated in the TOS.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

20. LIMITATION OF LIABILITY

You expressly understand and agree that ClickCaster and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ClickCaster has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

21. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content, data or files included in the Service is intended for trading or investing purposes. ClickCaster and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24. NOTICE

ClickCaster may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

25. TRADEMARK INFORMATION

The ClickCaster logo, trademarks and service marks and other ClickCaster logos and product and service names are trademarks of ClickCaster Inc. Without ClickCaster 's prior permission, you agree not to display or use in any manner the ClickCaster Marks.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

ClickCaster respects the intellectual property of others, and we ask our users to do the same. ClickCaster may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ClickCaster the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property 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 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

27. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and ClickCaster and governs your use of the Service, superseding any prior agreements between you and ClickCaster with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ClickCaster services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and ClickCaster shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and ClickCaster agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado.

Waiver and Severability of Terms. The failure of ClickCaster to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your ClickCaster account is non-transferable and any rights to your ClickCaster ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

28. VIOLATIONS

Please report any violations of the TOS to abuse@clickcaster.com.

ClickCaster, Inc.