Klicads ® Terms and Conditions
View Ads, Get Paid
Welcome to Klicads. We offer a platform that lets you get rewarded for giving your opinion to companies about their new developments in the form of answering questions and surveys after possibly watching and rating a video or idea.
Before using the website available at KlicAds.com (the “Site”) please take the time to carefully read our Terms and Conditions below (“Terms,” or “Agreement”). The Terms constitute a binding contract between you the Member and Klicads.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO
LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE
CAREFULLY REVIEW SECTION 15 BELOW FOR MORE INFORMATION.
1. Acceptance of Terms
By clicking “I agree,” creating an account, using the Site, and/or using any of the various
services available through the Site (together with the Site and Web App, the “Services”)
offered by Klicads (“Klicads” “we,” “us,” and/or “our”), or by visiting or
browsing the Services, you, the user (collectively “Users,” or “you”), acknowledge and agree
to these legally binding Terms. You also agree to the Klicads Privacy Policy
(“Privacy Policy”) and all supplemental terms that may be presented to you for your review,
which are incorporated by reference. If you do not agree to this Agreement, then you are
not permitted to use the Services.
You agree to use the Services only for lawful purposes, and that you are responsible for your
use of the Services and communications with us, all of which must comply with these Terms.
You hereby represent and warrant that:
1. you are accessing the Services solely within the United States of America and its
territories (US), and other countries when they are available.
2. you are over the age of thirteen (16) and you are not accessing the Services or using
the Services on behalf of anyone whose age is under 16 years, and
3. you are fully able and competent to enter into a binding contract.
If at any time you are not in full compliance with all foregoing provisions of this Section, you
are in material violation of this Agreement and you must immediately cease all use of, and
access to the Services.
2. Modification to this Agreement and the Services.
Klicads may at its sole discretion, change these Terms, including the Klicads
Privacy Policy, from time to time without prior notice to you. If changes occur,
we will notify you by posting the updates on the Services, or by email to the email affiliated
with your account. Updated versions will never apply retroactively and will give the exact
date they go into effect. We recommend that you check the Terms and Privacy Policy
periodically for changes. Your continued use of the Services following the posting of any
changes to the Terms means you accept those new terms.
Additionally, Klicads reserves the right to modify, suspend, or discontinue the
Services (including, but not limited to, the availability of any feature, database, or Content),
whether temporarily or permanently at any time for any reason. You agree that Klicads
shall not be liable to you for any modification, suspension, or discontinuation of
the Services. Some modifications may require updates to your existing third-party software
on your device in order to continue to use the Services. Klicads may also
impose limits on certain features and services or restrict your access to parts or all of the
Services without notice or liability.
3. License Grant
We grant to you a limited, personal, revocable, worldwide, royalty-free, non-exclusive, and
non-transferable right and license to use the Services. You agree to respect all legal notices,
information, and restrictions contained in any content accessed through the Services. You
must provide all equipment and software necessary to connect to the Services, including but
not limited to, a mobile device that is suitable to connect with and use the App. You are
solely responsible for any fees, including internet connection or mobile fees, that you incur
when accessing the Service.
4. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited
by the Terms or law. The Services are provided only for your own personal use. You are
responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the
prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local,
state, national, or international law, including, without limitation, laws governing
intellectual property and other proprietary rights, data protection and privacy, and
import or export control;
2. You shall not post, store, send, transmit, or disseminate any information or material
which infringes any patents, trademarks, trade secrets, copyrights, or any other
proprietary or intellectual property rights;
3. You shall not use the Services in any way to monitor or evaluate the availability,
performance or functionality of the Services for any competitive purpose, or perform
or assist any other party to perform any benchmarking on the Services.
4. You shall not violate any separate agreements between you and Klicads
5. You shall not attempt to use any method to gain unauthorized access to any features
of the Services;
6. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse
engineer, or otherwise attempt to derive any source code or underlying ideas or
algorithms of any part of the Services, security-related features of the Services,
features that prevent or restrict use or copying of any content accessible through the
Services, or features that enforce limitations on use of the Services, except to the
extent applicable laws specifically prohibit such restriction;
7. You shall not directly or indirectly modify, translate, or otherwise create derivative
works of any part of the Services;
8. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer
any of the rights that you receive hereunder;
9. You shall not directly or indirectly take any action that imposes or may impose (as
determined by Klicads in its sole discretion) an unreasonable or
disproportionately large load on Klicads or its third-party providers’
infrastructure; interfere or attempt to interfere with the proper working of the Service
or any activities conducted on the Service; run Mailing list, Listserv, or any form of
auto-responder or “spam” on the Service; or use manual or automated software,
devices, or other processes to “crawl” or “spider” any page of the Site;
10. You shall not create a false identity on the Services, misrepresent your identity,
create a profile for anyone other than you, or use or attempt to use another account;
11. You shall not disclose information that you do not have the consent to disclose (such
as confidential information of others (including of your employer if you are an
individual)); and
12. You shall not post content that: is direct or specific threat of violence to others; is in
furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or
constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive,
harmful to a minor, or would otherwise violate the rights of any third party or give rise
to civil or criminal liability.
If for any reason, Klicads determines that you have failed to follow these rules,
we reserve the right to prohibit any and all current or future use of the Services by you. If we
have reason to suspect, or learn that anyone is violating these Terms, we may investigate
and/or take legal action as necessary including bringing a lawsuit for damages caused by
the violation. We reserve the right to investigate and take appropriate legal action, including
without limitation, cooperating with and assisting law enforcement or government agencies in
any resulting investigations of illegal conduct.
5. Collection and Use of Your Information
You acknowledge that when you use the Services, Klicads may use automatic
means (including, for example, cookies and web beacons) to collect information about your
use of the Services. You also may be required to provide certain information about yourself
as a condition to using certain of its features or functionality. Additionally, you hereby give us
permission to combine your information, anonymized versions of your information, and other
data that we collect about you with data of other users of the Services and/or other services
that we operate. All information we collect through or in connection with the Services is
subject to the Klicads Privacy Policy (“Privacy Policy”). By using the Services,
you consent to all actions taken by us with respect to your information in compliance with the
Privacy Policy.
6. Communications
You consent to accept and receive communications from us, including e-mail, text
messages, calls, and push notifications to the cellular telephone number you provide to us.
These communications may be generated by automatic telephone dialing systems which will
deliver pre recorded messages, including for the purposes of secondary authentication,
receipts, reminders and other notifications. Standard message and data rates applied by
your cell phone carrier may apply to the text messages we send you, and you are
responsible for any charges from your carrier for text messages sent from us. You may opt-
out of receiving communications by following the unsubscribe options we provide to you.
You acknowledge that opting out of receiving communications may impact your use of the
Services.
7. Klicads Account
You may view basic landing page content on the Services without registering for an account,
but as a condition of using certain aspects of the Services, including watching ads in
exchange for payment, you are required to create a Klicads account (an
“Account”). Each individual User may establish only one (1) Account, connected to 1 email
and 1 phone number.
You represent that the information in your Account and any other information you otherwise
provide to us, is accurate, current, and complete information, and agree to update it and
keep it accurate, current, and complete. We reserve the right to suspend or terminate your
Account or your access to the Services if any information provided to us proves to be
inaccurate, not current, or incomplete.
You are solely responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer/mobile device, and you hereby agree to accept
responsibility for all activities, charges, and damages that occur under your account. If you
discover any unauthorized use of your account, or other known account-related security
breach, you must report it to Klicads immediately. You agree that you are
responsible for anything that happens through your account until you close your account or
prove that your account security was compromised due to no fault of your own. Klicads
cannot and will not be liable for any loss or damage arising from your failure to
comply with this section.
8. Klicads Payments ( Klicbit = a Penny, Klicoin = a Dollar )
Users will receive surveys and videos selected by us. If you view a video under your User
account, we will deposit a credit into your Klicads account. Once you have earned at least 25 klicoins or more in credits, you will have the option to process payment of those credits directly to your checking account, PayPal, or other such services as made available on our platform, or donate the credits to your favorite non-for profit. You expressly authorize Klicads or Klicads service provider to originate credit
transfers to your financial institution account. We reserve the right to adjust the amount of klicbits you will receive per survey/questions completed. Additional credit opportunities might be offered, with instructions on how such credits might be credited to your Klicads account. You agree that you have not earned the right to any of the credits until or unless you have at least 25 klicoins worth of credits in your Klicads account.
You agree that klicoins in your Klicads account will not earn any interest. You agree to solely responsible for any taxes resulting from the processing of klicoins to your account, and understand that we will not withhold any klic coins for the purpose of paying your taxes.
9. Termination / Cancel of Usage
You may cancel your account at any time through your account settings. We may
suspend or cancel your account without notice to you if you violate this Agreement. If
your account is cancelled, Klicads reserves the right to remove your
account information along with any account settings from our servers with NO liability
or notice to you, subject to the account balance provisions below.
Upon termination of your account. your license to use Klicads Services
terminates. All provisions of these Terms that by their nature should survive termination shall
survive termination, including, without limitation, any funds earned by you and owed to you
through your use of the platform, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability. You acknowledge and understand that our rights regarding any content
you submitted to the website before your account was terminated shall survive termination.
Account Balances After Termination or Inactivity
User is defined by:
1. The User replying STOP to our text notifications; or
2. The User has not fully completed an opportunity in their Klicads in 12 months or
more.
In any case, Klicads will reach out to the User via email, warning them that
their account is considered inactive and will be closed if not reactivate. After an account is
deemed inactive, Klicads will assess an account maintenance fee of 25
klixcoins (or the maximum remaining balance) until the account is reactivated by emailing
support@Klicads.com. Prior to deducting any fees due to account inactivity, Klicads
will provide you at least thirty (30) days- written notice. If your account remains
inactive for the amount of time specified by applicable state law, usually between thirty-six
(36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned,
Klicads is required by state law to remit the abandoned funds to the
appropriate state agency as unclaimed property. Klicads may also charge
additional fees associated with the delivery of abandoned funds to the applicable state
agency subject to limitations of applicable law.
10. Third-Party Sites
The Services permit you to link to other websites or resources on the internet, including
when you choose to opt-in to view third party information. Links on the Services to third party
websites, if any, are provided only as a convenience to you. If you use these links, you will
leave the Services of Klicads. The inclusion or integration of third-party
services or links does not imply control of, endorsement by, or affiliation with KlicAds Focus
Group. Your dealings with third parties are solely between you and such third parties. You
agree that Klicads will not be responsible or liable for any content, goods or
services provided on or through these outside websites or for your use or inability to use
such websites. You will use these links at your own risk.
11. Klicads Intellectual Property and User Content
Intellectual Property
Through the Services, Klicads may make accessible various content,
including, but not limited to, videos, photographs, images, artwork, graphics, audio clips,
comments, data, text, software, scripts, campaigns, other material and information, and
associated trademarks and copyrightable works (collectively, “Content”). Users of the
Services may have the ability to contribute, add, create, submit, distribute, facilitate the
distribution of, collect, post, or otherwise make accessible Content through submission of
profile photos.
Our Content
Our Content is protected in many ways, including copyrights, trademarks, service marks,
and other rights and laws. You agree to respect all legal notices, information, and restrictions
contained in any content accessed through the Services. You also agree not to change,
translate, or otherwise create derivative works based off our content. All other Content
viewed through the Services is the property of its respective owner. You have a limited,
revocable, non-exclusive, non-transferrable license to use the Services and our Content
solely for legally permitted activities related to our Services as outlined in these Terms.
User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further
defined below) on your experience with the Services. Klicads shall be the
owner of any reviews, comments, suggestions or other feedback regarding the Services
posted to the Services or on Klicads social media pages (collectively,
" Feedback "). Without limitation, Klicads will have exclusive ownership of all
present and future existing rights to the Feedback of every kind and nature everywhere and
will be entitled to use the Feedback for any commercial or other purpose whatsoever,
including to advertise and promote Klicads without compensation to you or any
other person sending the Feedback. You specifically waive any "moral rights in and to the
Feedback.
To the extent that you decide to post any content (“User Content”), including your profile
information, photos, or Feedback, on the Services, you agree that your User Content will not
contain third-party copyrighted material, or material that is subject to other third-party
proprietary rights, unless you have permission from the rightful owner of the material or you
are otherwise legally entitled to post the material and to grant Klicads all of the
license rights granted herein. You acknowledge that you are responsible for whatever
material you submit, and you not Klicads have full responsibility for the User
Content, including its legality, reliability, appropriateness, originality, and copyright. Klicads
may refuse to accept or transmit User Content. Additionally, Klicads shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your
User Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any User Content or communications posted via the Services or
endorse any opinions expressed via the Services. You understand that, by using the
Services, you may be exposed to content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases content that has been mislabeled or is otherwise
deceptive, objectionable or difficult to view. Under no circumstances will KlicAds Focus
Group be liable in any way for any User Content not modified by Klicads
including, but not limited to, any errors or omissions in any User Content, or any loss or
damage of any kind incurred as a result of the use of any User Content posted, emailed,
transmitted or otherwise made available via the Services or distributed elsewhere.
12. Copyright and Trademark Notices
Copyright Policy
Klicads complies with the Digital Millennium Copyright Act (DMCA). Klicads
will remove infringing materials in accordance with the DMCA if properly
notified that Content infringes copyright. If you believe that your work has been copied in a
way that constitutes copyright infringement, please notify Klicads Copyright
Agent by email at support@Klicads.com or by mail to the address in the Contact
section. Please do not send notices or inquiries about anything other than alleged copyright
infringement or other intellectual property claims to our Copyright Agent. Your email must
contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an e-mail address;
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
Services, sufficient for Klicads to locate the material; 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; and
a statement by you that the information in your notice is accurate and, under penalty
of perjury, that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under
the Copyright Act, any person who knowingly materially misrepresents that material is
infringing or was removed or disabled by mistake or misidentification may be subject to
liability.
In accordance with the Digital Millennium Copyright Act, Klicads has adopted a
policy of, in appropriate circumstances, terminating User accounts that are repeat infringers
of the intellectual property rights of others. Klicads also may terminate User
accounts even based on a single infringement.
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the material in your Content, you may send a
written counter-notice containing the following information to the Copyright Agent: (1) Your
physical or electronic signature; (2) Identification of the Content that has been removed or to
which access has been disabled and the location at which the Content appeared before it
was removed or disabled; (3) A statement that you have a good faith belief that the Content
was removed or disabled as a result of mistake or a misidentification of the Content; and (4)
Your name, address, telephone number, and email address, a statement that you consent to
the jurisdiction of the federal court in Lee County Florida, and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement. If a counter-notice is received by the Copyright Agent, Klicads may send a
copy of the counter-notice to the original complaining party informing that person that it may
replace the removed Content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the Content provider, member or user,
the removed Content may be replaced, or access to it restored, in 10 to 15 business days or
more after receipt of the counter-notice, at Klicads sole discretion.
13. Warranty and Disclaimer
YOU USE THE SERVICES IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE
THAT ANY INFORMATION THAT YOU CHOOSE TO SHARE VIA THE SERVICES IS AT
YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY
OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR
RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN
SUCH CONTENT OR IN THE SERVICES PROVIDED BY US. YOU AGREE THAT YOUR
ACCESS TO, AND USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH
THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS,
OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES,
INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF
SERVICES IN THE EVENT OF AN EMERGENCY. IF ANY APPLICABLE AUTHORITY
HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR
LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
APPLICABLE LAW.
You acknowledge that there may be interruptions in service or events that are beyond our
control. While we use reasonable efforts to keep the Services accessible, the Services may
be unavailable from time to time for any reason including, without limitation, system down
time for routine maintenance. Klicads makes no warranties or representations of any
kind, express, statutory or implied as to:
1. the availability of telecommunication services from your or any other
telecommunications services provider and access by you or any other user to the
Services at any time or from any location;
2. any loss, damage, or other security intrusion of the telecommunication Services;
3. compatibility between our Services and your mobile device; and/or
4. any disclosure of information to third parties or failure to transmit any data,
communications or settings connected with the Services.
14. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL KlicAds
INC., NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR
CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO
THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) TWO TIMES (2X) THE TOTAL AMOUNT EARNED BY YOU ON THE
PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO
THE CLAIM OR FIVE HUNDRED U.S. DOLLARS ($500.00), WHICHEVER IS LESS. SOME
STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
IN THESE JURISDICTIONS, Klicads LIABILITY WILL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and to hold harmless Klicads, together with its
officers and directors, from any and all liabilities, penalties, claims, causes of action, and
demands brought by third-parties (including the costs, expenses and attorneys’ fees on
account thereof) arising, resulting from or relating to: (a) your use of the Services or your
inability to use the Services; (b) an allegation that you violated any representation, warranty,
covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation
or misuse confidential or protected information; and (d) your Content. Your agreement to
defend, to indemnify, and to hold Klicads harmless applies whether any claim
against Klicads is based in allegations of violation(s) of law or contract or tort
(including strict liability), and regardless of the form of action, including but not limited to your
violation of any third-party rights, a claim that the Services caused damage to you or to any
third party and/or your use and access to the Services. This indemnification section shall
survive your termination of or cessation of use of the Services.
16. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration
UNLESS YOU EXPRESSLY OPT-OUT, ANY DISPUTE OR CLAIM RELATING IN ANY
WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING
ARBITRATION, RATHER THAN IN COURT AS THE SOLE MEANS TO RESOLVE
CLAIMS, SUBJECT TO THE TERMS SET FORTH BELOW. Specifically, all claims arising
out of or relating to these Terms (including their formation, performance and breach), the
parties’ relationship with each other and/or your use of the Service shall be finally settled by
binding arbitration administered by the American Arbitration Association in accordance with
the provisions of its Commercial Arbitration Rules and the supplementary procedures for
consumer related disputes of the American Arbitration Association (the “ AAA ”), excluding
any rules or procedures governing or permitting class actions. The Commercial Arbitration
Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at
+1.800.778.7879. The Federal Arbitration Act governs the interpretation and enforcement of
this provision, and the arbitrator shall apply Florida law to all other matters.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of these Terms, including, but not limited to any claim that all or
any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The
arbitrator shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain
cases. The arbitrator’s award shall be written, and binding on the parties and may be
entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to
sue in court and have a jury trial. They further understand that, in some instances, the costs
of arbitration could exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
Location
The arbitration will take place at any reasonable location within the United States reasonably
convenient for both parties.
Class Action Waiver
WE AND YOU AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE
RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY
ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE
THAT YOU AND US ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE
RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO
PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU
AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties; decision to resolve all disputes through arbitration, either party
may bring an action in state or federal court to protect its intellectual property rights
(“intellectual property rights” means patents, copyrights, moral rights, trademarks, and
trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small
claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver
provisions set forth above by sending written notice of your decision to opt-out to KlicAds
LLC at support@Klicads.com your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration
provisions, Klicads also will not be bound by them.
Changes to this Section
Klicads will provide 30-days’ notice of any changes to this section. Changes
will become effective on the 30th day, and will apply prospectively only to any claims arising
after the 30th day.
For any dispute not subject to arbitration you and Klicads agree to submit to
the personal and exclusive jurisdiction of and venue in the federal and state courts located in
Lee County, Florida. You further agree to accept service of process by mail, and hereby
waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Klicads shall be governed by
the laws of the State of Florida without regard to conflict of law provisions.
17. Assignment
The Terms are personal to you, and are not assignable, transferable, or sublicensable by
you. Any assignment in violation of this section shall be null and void. Klicads
may assign, transfer, or delegate any of its rights and obligations hereunder without your
consent.
18. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no
third-party beneficiaries to the Terms.
19. Notice Policy and Your Consent
Under these Terms you are contracting with Klicads a Delaware corporation with its
operations in Florida. All notices should be addressed to Klicads at the address in the
Contact section below.
You acknowledge and agree that we may give you notice by means of a general notice on
the Services, electronic mail to your email address in your account or by written
communication sent by first class mail or pre-paid post to your address in your account.
Such notice shall be deemed to have been given upon the expiration of 48 hours after
mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if
sent by email or text). You may give notice to us, with such notice deemed given when
received by us, at any time by first class mail or pre-paid post to the address set forth in the
Contact section or at such other address as we may advise from time to time, pursuant to
this provision.
20. Geographic Limits of Service
Klicads make no representation that materials contained on the Services or products
described or offered are appropriate or available for use in jurisdictions outside the United
States or that these Terms comply with the laws of any other country. If you access the
Service from other locations, you do so at your own initiative and are responsible for
compliance with local laws. Klicads reserves the right, at any time in our sole
discretion, to limit the availability and accessibility of the Services to any person, geographic
area, or jurisdiction we so desire.
21. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall
be governed by and construed in accordance with the laws of the State of Florida and the
United States, without giving effect to any principles of conflicts of law, and without
application of the Uniform Computer Information Transaction Act or the United Nations
Convention of Controls for International Sale of Goods.
22. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any dispute must commence within two years
after the cause of action accrues, or you will be forever barred from bringing such dispute.
23. Integration and Severability
These Terms and other referenced material constitute the entire agreement between you
and Klicads with respect to the Services, and supersede all prior or
contemporaneous agreements, representations, warranties, and understandings (whether
oral, written or electronic) between you and Klicads with respect to the
services and govern the future. relationship. If a court in any final, unappealable proceeding
holds any provision of these Terms or its application to any person or circumstance invalid,
illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be
valid, legal and enforceable to the fullest extent permitted by law.
24. No Waiver
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.
25. Terms for iOS App
You acknowledge and agree that (i) these Terms are binding between you and KlicAds
only, and Apple is not a party hereto, and (ii) as between Klicads
and Apple, it is Klicads that is responsible for the app and the content thereof.
You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the
app must comply with the terms of use applicable to the Apple source from which you obtain
it (including the Usage Rules set forth in the Apple App Store Terms of Service). You
acknowledge that Apple has no obligation to furnish you with any maintenance and support
services with respect to the app. You acknowledge that Apple is not responsible for
addressing any claims you have or any claims of any third party relating to the app or your
possession and use of the app, including, but not limited to (i) product warranty or liability
claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory
requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims
that the app infringes a third party’s intellectual property rights. In the event of any failure of
the iOS version of the app to conform to any applicable warranty that has not been
effectively disclaimed by these Terms , you may notify Apple, and Apple will refund the
purchase price for the app (if any) to you; to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect to the app, and ,
as between Apple and Klicads, any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any warranty will be KlicAds Focus
Group responsibility, but only to the extent provided by these Terms . Please read the
entire Terms, as other sections of these Terms limit Klicads liability in this
regard. Apple, and Apple ’s subsidiaries, are third-party beneficiaries of these Terms. Upon
your acceptance of the Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
There are no other third-party beneficiaries of the Terms.
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