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CLIQK TERMS & CONDITIONS OF SERVICE



Cliqk is your place to create your own sections and build connections with fans & friends. We’re glad you’ve joined us.
These terms set forth our legal obligations to each other. They apply to your use of our services.
When we say “Cliqk,” “we,” “us,” and “our” in these terms, we mean Cliqk LTD. , its subsidiaries, and its related companies.
When we say “services” in these terms, we mean Cliqk’s services, apps, websites, and other products.
When we say “you” or “your,” we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.
We also have a privacy policy, community guidelines and other policies that apply to your use of our services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. Cliqk’s paid services terms apply to any purchase you make through Cliqk.
Together, these rules make Cliqk possible, and they matter to us. If you believe others aren’t following them, please let us know.

WHO WE ARE

We provide services that allow you to interact with other Cliqk users and participate in private sections. Our services may also include access to certain software, features, and content that you can purchase from us or others.

AGE REQUIREMENTS

By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you’re responsible for your teenager’s activity on the services.

WHAT TO EXPECT FROM US

We’re actively developing new features and products to improve Cliqk. As part of these efforts, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.

YOUR CLIQK ACCOUNT

To access the services on an ongoing basis, you will need to create a Cliqk account. You can provide a username and password, and a way of contacting you (such as an email address and/or phone number). To access certain features or sections you may need to verify your account or add other information to your account. Our privacy policy discusses what information we collect and how we use this information in more detail.
You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your Cliqk account and that you enable two-factor authentication. If your account is compromised, we may not be able to restore it to you.
You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account, and we may not be able to restore your Cliqk account to you if you no longer have access to that email account or phone number. We may also assume that any communications we’ve received from your account or the associated contact information have been made by you.
You agree not to license, sell, or transfer your account without our prior written approval.

YOUR CONTENT

When we say “your content” in these terms, we mean all the things you add (upload, post, and share) to our services. This may include text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the services, it includes that too.
You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.
Our services allow users to add content in a number of different ways, including via direct messages and in sections. To understand how we treat your personal information, see our privacy policy.

Your content is yours, but you give us a license to it when you use Cliqk. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services: 

   ⁃    Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
   ⁃    Monitor, modify, translate, and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)
   ⁃    Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)

This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.

We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these terms, our community guidelines, our other policy’s or any applicable law or regulation.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

CLIQK’S CONTENT

Our services include some content that belongs to us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content.

OTHER PEOPLES CONTENT

Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Cliqk’s own views. Cliqk doesn’t endorse or verify the accuracy or reliability of content shared by Cliqk users. We work hard to try to make Cliqk a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.

Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.

SOFTWARE IN CLIQK’s SERVICES

License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.

Open source. Some of Cliqk’s services include software subject to separate open sources licences, and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.

Third Party Software and Services. Our services may allow you to access apps, bots, or other products, features or services developed by third parties. It’s your choice whether to use these products and whether to participate in Cliqk sections that incorporate these features, and you should review any terms and policies provided by the third party before doing so. The third party’s terms and policies, and not Cliqk’s, govern your use of these products or services. While these third party services do need to follow all policies that apply to them, Cliqk is not responsible for products developed by third parties.

COPYRIGHT

We respect the intellectual property of others and expect our users to do the same. 

CLIQK’S PAYMENT SERVICES

We won’t charge you a fee to use the basic functionality of our services. As a creator you can make your subscriptions available on Cliqk and we provide membership to your members on a subscription or one-time payment basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block members payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance in the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments. If you are a creator of 18+ content then, in order to comply with payment processing rules, you must verify that participants in your content are the age of majority and you must store their consent to participate.

PROCESSING FEES

You can add a business account, where you have the option to charge for subscriptions, in order to earn money. Only if you do — and only if you earn money — we'll charge a small fee of 12% of your revenue. We kept the fee as low as possible while still ensuring that we can offer you great service, great features and a great experience on Cliqk.

Another thing you should know: we use Stripe, a payment processing company, to manage payments on our platform. Stripe charges a transaction fee while collecting payments, and this is something we have no control over. To be completely clear: this transaction fee is charged by Stripe as well as the 12% revenue fee charged by us. That amount changes according to where you're based and the currencies used, so we’d recommend checking the pricing page on Stripe’s website for more information. 

Here’s an example of a cost breakdown (for demonstration purposes only):

An individual based in the United Kingdom, wants to charge a membership fee of £5 per month for their community.

Someone from the UK subscribes, and wants to pay in Pound Sterling (£).
   •    Cliqk takes a cut of £0.60
   •    Stripe charges 4.9% + $0.30 (2% more than a local payment, due to an international card being used and a currency conversion) = $0.55
I earn £3.85 from that subscription 

Someone from the United States subscribes and wants to pay in USD ($).
   •    Cliqk takes a cut of $0.60
   •    Stripe charges 2.9% + $0.30 = $0.45 
   •    I earn $3.95 from that subscription


NB. All payments on Cliqk are credit-card only, including membership subscriptions.

RESTRICTIONS ON THE USE OF CLIQK SERVICES

When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our community guidelines and other policies, which contain more detailed rules about your content and behavior when using CLIQK. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:

   ⁃    Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services.
   ⁃    Don’t use the services to do harm to Cliqk. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
   ⁃    Don’t use the services to do anything else that’s illegal. This includes using the services to commit any crime or infringe anyone’s intellectual property rights.

We encourage you to report content or conduct that you believe violates these restrictions.

Refund Policy

Cliqk provides a platform for members to pay creators directly. In the majority of cases, Cliqk will not refund on behalf of creators. Members are fully liable for the use of their card to enter a section or pay tips. 

Creators have the ability to refund a member at their own discretion. If a creator is having difficulty issuing a refund, they can reach out to our Support team for assistance. 

Cliqk may offer refunds at our sole discretion, based on unique circumstances.

To be eligible to receive a refund, members must contact Cliqk within 3 days of the charge processing on their statement. You will receive notice of whether the refund is denied, or approved and issued. Once a refund is issued, it can take up to 5-7 business days to process.

TERMINATION

Your right to terminate. You’re free to stop using Cliqk’s services at any time and for any reason. You can delete your Cliqk account through the User Settings page in the Cliqk app. You can also disable your account, which restricts the processing of your personal information as described in our privacy policy. Disabling your account does not terminate this agreement.

Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if: 
   ⁃    You breach these terms, our policies or additional terms that apply to specific products.
   ⁃    We’re required to do so to comply with a legal requirement or court order.
   ⁃    We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
   ⁃    Your account has been inactive for more than two years.

However, we will give you advance notice if reasonable to do so or required by applicable law. You can appeal any enforcement action we take under these terms here:

INDEMNITY

If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Cliqk and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.


MORE IMPORTANT STUFF

Updates to these terms. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Cliqk use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.

Apple App Store. If you download the Cliqk app from the Apple App Store or use our app on an iOS device, the below paragraph applies to you.

Apple has no obligation to furnish any maintenance and support services with respect to the Cliqk app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the app purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Cliqk app. Apple is not responsible for addressing any claims by you or any third party relating to the Cliqk app or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Cliqk app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Cliqk app infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these terms, and upon acceptance of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Cliqk app.

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