Cliqqit LLC (collectively, "we" "us" or "Cliqqit") is a communication and event organizing service that lets you plan events with groups of people via the web or mobile phone. Cliqqit is currently provided as a free service. By accessing this web site or using our mobile applications, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our site and mobile applications. The materials contained in our products are protected by applicable copyright and trademark law.
2. Ability To Enter Into This Agreement
The Service is available only to individuals who are at least thirteen years old. By using the Service, you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.
By signing up for the service, you agree to receive text messages from Cliqqit LLC, and you represent and warrant to us that each person you add to a group or event has consented to be added to said group or event and to receive administrative messages from Cliqqit LLC and text messages from you and anyone else in the group or event.
4. Text Messaging Fees
Cliqqit does not charge a fee to use the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received count towards a monthly quota as any other messages do. Any users, whether sending or receiving text messages with Cliqqit, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
5. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Cliqqit's web site or mobile applications for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not
modify or copy the materials
use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
attempt to decompile or reverse engineer any software contained on Cliqqit's web site or mobile applications
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server or product.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cliqqit LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. User Code of Conduct
Using the Service means that you will:
only send messages or invites to people who have expressly agreed to receive messages or invites from you, other members of the group or event, and Cliqqit;
comply with all applicable laws and regulations;
not infringe on the intellectual property or privacy of others;
only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;
ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
comply strictly with any carrier agreements and terms associated with your mobile device; and
not attempt to disrupt the Service.
7. Termination of Service
Cliqqit LLC has the right to, in its sole discretion (i) refuse or remove any content that, in our opinion, violates any Cliqqit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, including, but not limited to, breaching the User Code of Conduct. This may include modifying or stopping the Service in its entirety. Cliqqit LLC reserves the right to terminate the Service at any time, at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.
If you create an account on Cliqqit LLC, you are responsible for maintaining the security of your account, as well as all your groups and events, and you are fully responsible for all activities that occur under the account and any other actions in connection with your groups or events. You must immediately notify us of any unauthorized uses of your group or event, your account, or any other breaches of security. Further, you agree that you will provide only truthful information in your user profile and will neither falsify your name or phone number, nor spoof another individual's name or phone number.
The materials on Cliqqit's web site and mobile applications are provided "as is". Cliqqit LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cliqqit LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or mobile application or otherwise relating to such materials or on any sites or applications linked to this site or our mobile applications
In no event shall Cliqqit LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cliqqit's web site or mobile applications, even if Cliqqit LLC or a Cliqqit LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
11. Revisions and Errata
The materials appearing on Cliqqit's web site or mobile applications could include technical, typographical, or photographic errors. Cliqqit LLC does not warrant that any of the materials on its web site or mobile applications are accurate, complete, or current. Cliqqit LLC may make changes to the materials contained on its web site or mobile applications at any time without notice. Cliqqit LLC does not, however, make any commitment to update the materials.
Cliqqit LLC has not reviewed all of the sites or applications linked to its web site or mobile applications, and is not responsible for the contents of any such linked site or application. The inclusion of any link does not imply endorsement by Cliqqit LLC of the site. Use of any such linked site or application is at the user's own risk.
You agree to indemnify and hold harmless Cliqqit LLC, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
You agree that, unless prohibited by applicable law, the parties to the Terms may elect to arbitrate - and require the other party to arbitrate - any claim arising out of or in any way related to this Agreement or the Service. If either party elects to arbitrate a claim, neither party will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
16. Governing Law
Any claim relating to Cliqqit LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.