WebClicker.org Terms of Use

Ver. 2014-0210


Definitions
Users: Individuals and parties that use the services provided by or through webclicker.org and its affiliated systems and parties.

WebClicker.org: Individuals and parties that provide direct and indirect services through webclicker.org including the website itself and its affiliated developers and supporters.
Welcome to webclicker.org.

The Terms of Service
"Terms" govern user access to and use of the services, websites, and applications offered by webclicker.org (collectively, the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms, which may be revised from time to time and the current version will always be posted on the term page. It is users’ responsibility to review the most recent terms and by continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

Terms apply to all who access the Service ("Users").
Users are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. WebClicker.org not be liable for any loss or damage arising from your failure to comply with this instruction. You must notify your group administrator or webclicker.org immediately of any breach of security or unauthorized use of your account.

Users must NOT use the Service for any unlawful purposes or for promotion of illegal activities; Users must NOT conduct any forms of hacking, deceiving, spamming activities to or with the Service. Users must NOT use the Service for any commercial solicitation purposes without webclicker.org’s written permission.

To protect personal information, users may elect to register with arbitrary user names and emails that are not connected to your real identity. A permanent anonymous user ID (PAID) will be created for each user and teachers can use this ID to match real users in their classes to obtain the linked user data and to assign credits if applicable. All these matching and linking are done offline outside webclicker.org and will be solely controlled by the teachers.

For users under the legal age of majority, teachers may consult parents to determine the right type of user registration. The minor’s parent or legal guardian must consent to these Terms and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the minor’s use of the Service.

Disclaimers and Indemnity
Your access to and use of the Service or any User Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, WEBCLICKER.ORG AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. WebClicker.org will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content. You also agree that WebClicker.org has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from WebClicker.org or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBCLICKER.ORG AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WEBCLICKER.ORG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or User Content on the Service, or actions or User Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

The Service is controlled and operated from its facilities in the United States. WebClicker.org makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

General
You agree that: (i) the Service shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over WebClicker.org, either specific or general, in jurisdictions other than Ohio. These Terms shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless submitted to arbitration, any claim or dispute arising in connection with the Service shall be decided exclusively by a court of competent jurisdiction located in Franklin County, Ohio, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.


User License to WebClicker.org
Areas of the Service allow you to submit, post and display information, text, graphics or other materials ("User Content"). You retain ownership of all User Content you submit, post, display or otherwise make available on the Service. By submitting, posting or displaying User Content on or through the Service, you grant WebClicker.org a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content. This license is limited to providing the Service. Your User Content will not be used for publicity, advertising or any public statements without your prior consent.

User agrees that this license includes the right for other users with permitted access to your User Content to use your User Content in conjunction with participation in the Service and as permitted through the functionality of the Service.

User is solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You warrant, represent and agree that you will not post User Content that:
(i) infringes, violates or otherwise interferes with any copyright or trademark of another party, (ii) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (iii) infringes any intellectual property right of another or the privacy or publicity rights of another, (iv) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people (publicly or otherwise) or otherwise violates any law or right of any third party, (v) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (vi) contains other people's private or personally identifiable information without their express authorization and permission, (vii) violates any school or other applicable policy, including those related to cheating or ethics, and/or (viii) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
WebClicker.org reserves the right in its discretion to remove any User Content from the Service, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates these provisions.

WebClicker.org’s License to User
Subject to these Terms, WebClicker.org grants you a worldwide, non-exclusive, non-assignable, revocable, license to use the Service as it is provided to you by WebClicker.org for your personal, noncommercial use only.

User Content may be viewable by other users of the Service. WebClicker.org takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You understand that if you do not have the right to submit User Content, your publication and re-publication of that User Content may subject you to liability.

WebClicker.org reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WebClicker.org, its users and the public.

DMCA Notice
It is WebClicker.org's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify WebClicker.org's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

The above information must be submitted to the following contact:
Telephone: +1 614-688-2978
Email: webclicker.org@gmail.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying WebClicker.org and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WebClicker.org's rights and obligations under the DMCA, including 17 U.S.C. ยง512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, WebClicker.org has adopted a policy of terminating, in appropriate circumstances and at WebClicker.org's sole discretion, members who are deemed to be infringers or repeat infringers.