PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the Clickability, Inc. (“Clickability”) websites (including, without limitation, any associated websites or forums), you agree to be bound by the following Terms and Conditions. Clickability reserves the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.
All content on the Clickability websites, including text, graphics, logos, icons, images, and video clips, is the exclusive property of Clickability or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Clickability websites is the exclusive property of Clickability and is also protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the content on the Clickability websites is strictly prohibited.
Copyright © 1999-2014 Clickability, Inc. All Rights Reserved.
Clickability, cmPublish, imWare, CMS Success and the logos associated with these are trademarks or registered trademarks of Clickability. All other trademarks mentioned in the Clickability websites are the property of their respective owners. The trademarks and logos displayed on the Clickability websites may not be used without the prior written consent of Clickability or their respective owners.
Although some of the individuals posting to the forum areas of the Clickability websites work for Clickability, any opinions expressed are the personal opinions of the original authors, not of Clickability. The content in these areas is provided for informational purposes only and is not meant to be an endorsement or representation by Clickability or any other party. Clickability does not assume any responsibility or liability for any opinions or other commentary posted on these areas of the Clickability websites or any website linked to the Clickability websites and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
Portions of the Clickability websites are available to the public. No information you consider confidential should be posted to these portions of the websites. If you submit content, you agree that Clickability may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Clickability may modify, display, delete, transmit or distribute content posted on the Clickability websites in its sole discretion and without your permission. However, Clickability shall not be responsible for controlling or editing any content, nor can Clickability ensure prompt removal of inappropriate or unlawful content. You also grant to Clickability a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any content you provide.
By posting a comment or any other content on the Clickability websites you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to these websites and release Clickability from any liability related to your use of these websites. You warrant, represent and agree that you will not contribute any content or otherwise use these websites in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Clickability reserves the right to remove any content from the Clickability websites at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Clickability is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
THE CLICKABILITY WEBSITES ARE PROVIDED BY CLICKABILITY ON AN "AS IS" BASIS. CLICKABILITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLICKABILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Although Clickability has attempted to provide accurate information on the Clickability websites, Clickability assumes no responsibility for the accuracy or completeness of the information. Clickability may change the function or subject matter of the Clickability websites at any time without notice.
CLICKABILITY WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE CLICKABILITY WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF CLICKABILITY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites
The Clickability websites may contain links to third party websites. Access to any other Internet website linked to the Clickability websites is at your own risk and Clickability is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Clickability is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Clickability provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
Clickability may terminate or suspend access to the Clickability websites immediately, without prior notice or liability, if you breach any of these terms or conditions or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Clickability’s prior written consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind Clickability in any respect whatsoever.