SBclick U.S. Terms of Service
Last modified on November 29, 2009
These terms apply to your use of all services provided by SBclick (collectively, the "Services"), including the website located at www.sbclick.com, and SBclick's applications and interfaces for mobile devices. By accessing, browsing, downloading, crawling, scraping or in any way using the Services, you accept and agree to these terms, our Privacy Policy posted here [www.sbclick.com/public/privacy], and all other guidelines or policies referenced herein (collectively, the "Terms of Service").
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SBCLICK SERVICES OR RELATED CONTENT CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SBCLICK SERVICES OR RELATED CONTENT IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
Limitations on Use
You must be at least 18 years old and a resident of the United States to download and/or use the Services. All others are prohibited from downloading and/or using the Services. If you download or use the Services on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
Changes to the Terms of Service
We may modify the Terms of Service at any time. When modifications are made, we will notify you by making the revised version available on this webpage and we will indicate at the top of this page the date that modifications were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Services after any posted modification to the Terms of Service indicates your acceptance of the modification.
User Accounts
To use some of the SBclick features, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Electronic Communications
By downloading and/or using the Services, you consent to receiving electronic communications and notices from SBclick. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Restrictions on Use
By downloading and/or using the Services, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services. You also agree not to interfere with the servers or networks connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You also agree not to: (1) impersonate any other person while using the Services; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Services; (3) use the Services for any unlawful purpose or in any unlawful way; or (4) resell or export the software associated with the Services.
Right to Terminate
We may terminate or suspend your account or ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Services if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Services, or any other related content or information.
Third Party Offers and Links
The Services may contain links to third party websites or programs that are not controlled by or affiliated with SBclick. SBclick is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. SBclick does not guarantee prices, promotions, products or services, or anything else on such sites. Your dealings with third party sites are solely between you and the applicable third party.
Charges for Using the Services
When you use the Services, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Use of Information Submitted
You agree that SBclick is free to use any content, including any comments, suggestions, reviews, feedback, information or ideas submitted or transmitted to SBclick without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or other products or services. We may use content submitted by you in a number of different ways, including but not limited to displaying it on our website, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you irrevocably grant us permission at no cost to use your content for any purpose. You also irrevocably grant the Service’s users and the users of other websites and media platforms permission at no cost to access your content in connection with their use of the Services and other websites and media platforms. You irrevocably waive, and caused to be waived, any claims and assertions of moral rights or attributions with respect to your content. You are solely responsible for content you submit or transmit to SBclick and you assume all risks associated with your content. You represent that you own, or have the necessary permissions to use, and authorize the use of your content as described herein.
Intellectual Property
SBclick and/or its licensors are the owners of the Services, including but not limited to any software, computer code, products, visual interfaces, interactive features, graphics, design, compilation, domains, aggregate user review ratings, content, and all other elements and components of the Services. SBclick and/or its licensors also are the owners of the copyrights, patents, trademarks, trade dress, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the Services and related content, which are protected by copyright, patent, trade dress, trademark laws and all other applicable intellectual and proprietary rights and laws. You acknowledge and agree that the Services and related content are protected by U.S. and international copyright, moral rights, trademarks, service marks, patents, trade secrets, and other intellectual property and proprietary rights and laws. The Services are for your own personal and non-commercial use only, and SBclick grants you a non-exclusive, non-transferable, limited license for that purpose, upon your agreement to these Terms of Service. All rights not expressly granted herein are fully reserved by SBclick and/or its licensors. Without limitation, you may not sell, export, license, reproduce, modify, copy, adapt, edit, publish, publicly display, publicly perform, reverse engineer, distribute, transmit, or create derivative works from the Services or any material, code or content comprising the Services, without SBclick’s prior express written permission. Any unauthorized use of the Services will immediately terminate the limited license granted by us. SBclick and other marks, graphics, logos, icons and service names related to the Services are registered and unregistered trademarks or trade dress of SBclick. They may not be used without SBclick's prior express written permission. All other trademarks not owned by SBclick that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SBclick.
Warranties, Disclaimers, Limitations of Liability
THE SERVICES AND ALL RELATED CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. SBCLICK MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SERVICES AND RELATED CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF PROMOTIONS, BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED BY THE SBCLICK SERVICES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SBCLICK SERVICES OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED BY THE SBCLICK SERVICES. SBCLICK FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SBCLICK OR OUR WEBSITE OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
SBCLICK DISCLAIMS ALL LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, (3) BUSINESS INTERRUPTION, (4) LOSS OF OR DAMAGE TO REPUTATION OF SBCLICK OR ANY THIRD PARTY, OR (5) LOSS OF INFORMATION OR DATA.
SBCLICK FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SERVICES AND RELATED CONTENT. YOUR USE OF THE SERVICES AND RELATED CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER OR MOBILE DEVICE IN THE COURSE OF USING THE SERVICES OR RELATED CONTENT.
SBCLICK ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, MERCHANTS, OR OTHER USERS OF THE SERVICES. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, MERCHANTS, AND OTHER USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH SBCLICK RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify and hold SBclick, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (1) your access to or use of the Services, (2) your violation of the Terms of Service, or (3) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SBclick reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SBclick. SBclick will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Miscellaneous
• If there is any dispute about or involving the Services or SBclick, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California.
• No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
• The Terms of Service contain the entire agreement between you and us regarding the use of the Services and related content, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
• Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of on our part to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
• If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
• The Terms of Service are not assignable, transferable or sublicensable by you except with SBclick's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
Contact Us
If you have any questions about these Terms of Service or the download and/or use of the Services, please contact us at:
SBclick
27 W Anapamu St, Suite 350
Santa Barbara, CA 93101
info@sbclick.com