This SmarterLinkz service Agreement (the "Agreement") is a legal contract between the Customer ("You", "Your", the "User", etc) and DOFU VENTURES("Clickomy", "we", "us", "our").Please read these terms of use carefully and completely before using SmarterLinkz Services.
The Agreement governs your purchase and use of SmarterLinkz services, whether fee-based or free of charge, offered on the SmarterLinkz and SmarterLinkz website(s) (the "Service" or "Services" or "Site"). Your use of the Services is conditional upon your acceptance of this Agreement.
By using or registering for a SmarterLinkz Service, you agree to these terms and conditions ( or "Terms of Use") and the SmarterLinkz (Clickomy) Privacy Policy. You agree to accept notices electronically. Each time you use a SmarterLinkz Service, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the SmarterLinkz Services. You cannot use or sign up for SmarterLinkz Services until you have accepted these Terms of Use.
Since this is a binding legal agreement between you and Clickomy, please print a copy of this Agreement for your records.
In the event that Clickomy makes material changes to these Terms of Use, all current Clickomy customers and trial users will be notified via email at least 30 days before the modified terms of use go into effect. Clickomy will email users at the email address(es) provided by each user (if any) and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the SmarterLinkz Services. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using SmarterLinkz Services and cancel your registration.
The SmarterLinkz Services are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. SmarterLinkz Services may require the user to register and provide certain personal information to Clickomy, such as name, e-mail address, gender, date of birth, zip code ("Personal Information"). If you register for any SmarterLinkz Services, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
The SmarterLinkz Privacy Policy explains how Clickomy collects and uses Personal Information. You give consent to Clickomy to use your Personal Information under the terms of the Clickomy Privacy Policy.
Clickomy expressly forbids the use of the service for the purpose of tracking spam-related material.
Clickomy, at its sole discretion, may accept or reject for any reason a User as a customer of the Services. If the User is accepted by Clickomy as a customer of the Services, as a condition to the access and use of any of the Services offered by Clickomy in the Site, the User's right to access the Site and the Services is subject to any limits established by Clickomy. For every usage over a given limit, Clickomy reserves the right to charge the User an additional fee.
The User agrees that they will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by Clickomy, if any, authorized in advance and in writing by Clickomy. The User agrees that they will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, the User further agrees that they will not take any action that imposes an unreasonable or disproportionately large load on Clickomy's infrastructure, as determined by Clickomy.
Clickomy has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the SmarterLinkz Services including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor and the quantity of statistical data Clickomy stores in their servers. Clickomy has no obligation to provide you with notice of any such changes. Those modifications do not materially and adversely affect your rights or obligations under this Agreement.
Clickomy may change its Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after Clickomy posts such changes to its website. If you do not agree to any changes posted by Clickomy in accordance with this Section, you must cancel your account or the affected Service before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement by completing and submitting SmarterLinkz's current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement.
Unless stated otherwise on Clickomy's web pages applicable to a given Service, each Service will be provided and billed on a periodic subscription basis, measured from the beginning of the activation of the given Service. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service (and the associated data) will be deleted or downgraded to a free service.
At any time after the activation of a Service, either you or Clickomy may cancel that Service (or Clickomy may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) . Clickomy also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.
The term of this Agreement will begin on the date that Clickomy accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Clickomy also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 13 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
If Clickomy terminates this Agreement and your account, or any Service prior to the end of any active subscription period, if you have not breached any provision of this Agreement you may request a partial refund of the fees that you have paid for that subscription period, based on the number of days remaining in the subscription period at the time of such termination. If your request is validly submitted in writing within thirty (30) days after such termination, then Clickomy will issue the appropriate credit to your credit card. Exceptions may be made, in the customers' favor, on a case-by-case basis. Specific info about 30-days money back Guarantee are available here: https://support.SmarterLinkz.com/entries/41497233
As between Clickomy and Users, all rights, titles and interests in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of Clickomy or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of Clickomy or any third party that may own the trademark or copyright of material displayed on the Site.
You may not sell, assign, grant a security interest in nor otherwise transfer any right to the Services or incorporate it (or any portion of it) into another product/service.
The User understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, and without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Clickomy may undertake from time to time; or (iii) causes beyond the control of Clickomy or which are not reasonably foreseeable by Clickomy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that Clickomy has no control over the availability of the Site or the Services on a continuous or uninterrupted basis.
The User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for the User's use of the Site and Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and Services, is compatible with the Site and the Services. While Clickomy will endeavor to make timely backups of all User reports, the User is responsible for backing up all reports made while using the Service.
The Site and the Services currently are intended for use by Users located within the European Union ("EU"). Clickomy makes no representation or warranty that information on the Site is currently appropriate for any other jurisdiction. Those who choose to access the Site from outside the EU do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Clickomy reserves the right, at their sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate the User's access to or use of all or any portion of the Site or the Services.
The Site contains hyperlinks to third party web sites. Most of the linked sites are not under the control of Clickomy, and Clickomy is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for the User's convenience only and is not intended as and should not be construed as an endorsement or recommendation by Clickomy of the linked site or its content.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, Clickomy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, Clickomy DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, Clickomy DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) THE USER'S USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS Clickomy, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGNEE OF Clickomy OR ITS AFFILIATES.
You agree to indemnify, hold harmless, and (at Clickomy's request) defend Clickomy and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Clickomy, including your registration data. This obligation shall survive any termination of your relationship with Clickomy.
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.
These Terms shall be governed by the laws of the Israel, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the Italian Republic and the city of Rome.
If you have any questions about this Agreement or SmarterLinkz's Services, please contact Clickomy support service: [email protected]
