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Welcome to LoudClick. These Terms of Use are common-sense guidelines for using the LoudClick Service. By clearly outlining expectations, we can avoid problems later on. We ask that you take some time to review these Terms of Use before starting your use of the Service.
If you use this Service you are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy Policy and Copyright Notice govern LoudClick's relationship with you.
The term "LoudClick" or "us" or "we" refers to the owner of the Service whose mailing address is 7610 Lyndale Ave. S., Suite 400-50, Richfield, MN 55423. The term "you" or "your" refers to the user or viewer of our Service.
LoudClick Inc. provides a Service to you, subject to the following Terms of Use which may be updated by us without notice to you. You can review the most current version of the Terms of Use on our website at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Use. While we try very hard to ensure all information is accurate and timely, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
In consideration of use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service's account registration form (such information is the "Account Information") and (2) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LoudClick has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LoudClick has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You also understand and agree that the Service may include certain communications from LoudClick (such as administrative messages and service announcements). These communications are considered part of LoudClick membership and you will not be able to opt out of receiving them. We will do our best to keep these communications to the lowest level possible.
Content Submitted To LoudClick
You understand that all "Content" (which is all information, data, text, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted) is the sole responsibility of the person from which such Content originated. This means that you, and not LoudClick, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. LoudClick does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, legality or quality of such Content. LoudClick does not claim ownership of the Content you place on your LoudClick Website. Consequently, website owners are solely responsible for the content of their websites.
You acknowledge that LoudClick does not pre-screen Content, but that LoudClick and/or its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, LoudClick and/or its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, usefulness, legality and determination of acceptable activity of such Content.
Your use of any information or materials is entirely at your own risk. As with most things in life, it shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements. (Wise consumer = smart shopper!) You further understand that by using the Service, you might be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, a LoudClick official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
(e) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) Upload, post or otherwise transmit any material that contains software 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;
(i) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "Stalk" or otherwise harass another;
(m) Collect or store personal data about other users;
(n) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
Unauthorized use of this website may give to a claim for damages and/or be a criminal offense. We reserve the right to cancel your account in LoudClick for any reason at any time. This is especially true should we become aware of illegal or prohibited activity associated with your account or your usage of the Service. Once detected, this type of activity will cause us to cancel your account and notify the appropriate authorities.
Special Information for International Users
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content regardless of your physical location. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Trademarks and External Links
To the best of our ability, all trademarks reproduced in the Service, which are not the property of, or licensed to us, are acknowledged.
The Service may include links to other websites. These links are provided for your convenience to provide further information. We will only link to websites which we have reviewed and believe are accurate and appropriate. However, we cannot accept responsibility for nor do we endorse the content of the linked website(s).
Indemnity and Dispute Venue
You agree to indemnify and hold LoudClick, its employees, officers, directors, affiliates, agents, third party information providers, co-branders, partners, merchants, licensers or the like, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
Your use of this Service and any dispute arising out of such use of the Service is subject to the laws of the State of Minnesota as well as the United States of America. Any suit, action or proceedings must be brought in a State or Federal Court located in Washington County, Minnesota and you hereby irrevocably consent to the jurisdiction of such Courts (and of the appropriate Appellate Courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such Court or that any such suit, action or proceeding which is brought in any such Court has been brought in an inconvenient forum.
Modifications to Service
LoudClick reserves the right at any time to modify or discontinue - temporarily or permanently - the Service (or any part thereof) with or without notice. You agree that LoudClick shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Service Reliability
LoudClick makes no warranties or representations of any kind, whether expressed or implied for the Service. Your use of the Service is at your sole risk. Neither LoudClick, its employees, officers, directors, affiliates, agents, third party information providers, co-branders, partners, merchants, licensers or the like, warrant that the Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Terms of Use or Privacy Policy.
LoudClick also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of LoudClick is at the User's own risk, and LoudClick specifically denies any responsibility for the accuracy or quality of information obtained through the Service.
"Service unavailability" is defined as an unscheduled Service outage of more than 2 hours. However, Service outages for maintenance, system upgrade or repair where Users are provided notice of such outages in advance via a system message, notice on LoudClick.net or within the Service do not constitute Service Unavailability. Damages claims for unavailability of the Service against LoudClick are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to LoudClick for the period of the service unavailability. Under no circumstances will LoudClick bear any responsibility for any damages arising as a consequence of Service unavailability.
Termination
You agree that LoudClick in its sole discretion, may terminate your password, LoudClick Website, use of the Service or use of any other LoudClick service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if LoudClick believes that you have violated or conducted actions which are inconsistent with the actual terms or spirit of the Terms of Use. LoudClick may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. LoudClick reserves the right to delete any website that has not been logged into and/or editted for 30 calendar days. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that LoudClick Inc. may immediately deactivate or delete your LoudClick Website and all related information and files in your LoudClick Website and/or bar any further access to such files or the Service. Further, you agree that LoudClick shall not be liable to you or any third-party for any termination of your access to the Service.
Applicability
All websites created from the Service are governed by these Terms of Use. Please ensure you follow these guidelines. We encourage you to provide a URL link to these Terms of Use when you create your website.
Intended Audience
LoudClick and websites created using the Service are not directed at children under the age of 13.
Copyright Information and No Resale of Service
The Service contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with our Copyright Notice, which forms part of these Terms and Conditions of Use. We recommend you review the Copyright Notice below for information regarding the use of LoudClick copyrighted material.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
Copyright Notice
This website contains copyrighted material. You are welcome to make "fair use" of anything you find on this website. We ask that you attribute credit should you reproduce any copyrighted material. This credit should be in the form of a live link to http://www.loudclick.net or to the specific URL of the page from which the copyrighted material is attributable.
However, if you wish to use copyrighted material from this site for purposes that go beyond "fair use", you must obtain permission. Contact us at info@loudclick.net for more information.
More information regarding "fair use" as defined in US Copyright Law is available at http://www.copyright.gov/title17/92chap1.html. (Authorize don't plagiarize!)
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