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Clickfree and kooboodle.com Terms of Service

Mark_CFMark_CF Posts: 19Member admin

Clickfree and kooboodle.com Terms of Service

 

Thank you for your interest in the Clickfree and kooboodle.com Community. This Community is made available by SAC (Storage Appliance Corporation) owners of Clickfree and kooboodle.com ("SAC," "we,", "us," or "our"). The Clickfree and kooboodle.com Community is provided as a service to our users and customers to help them exchange ideas, tips, information and techniques related to SAC's products and services. The terms "you," "your," and "yours" refer to anyone registering for, using, accessing, viewing or browsing the Clickfree and kooboodle.com Community.

 

IMPORTANT - PLEASE READ CAREFULLY - THESE CLICKFREE AND KOOBOODLE.COM COMMUNITY TERMS OF SERVICE (THESE "TERMS") CONSTITUTE A LEGALLY BINDING CONTRACT THAT GOVERN YOUR USE OF THE CLICKFREE AND KOOBOODLE.COM COMMUNITY. BY REGISTERING FOR, USING, ACCESSING, VIEWING OR BROWSING THE CLICKFREE AND KOOBOODLE.COM COMMUNITY, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND ALL SAC POLICIES, RULES AND GUIDELINES THAT ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THE CLICKFREE AND KOOBOODLE.COM COMMUNITY. SAC MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE CLICKFREE AND KOOBOODLE.COM COMMUNITY.

 

Eligibility

 

In order to use the Clickfree and kooboodle.com Community, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Clickfree and kooboodle.com only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. Children under 13 are not permitted to use the Clickfree and kooboodle.com .

 

Posting to the Clickfree and kooboodle.com

 

In order to post to the Clickfree and kooboodle.com Community, you will have to create a unique, password-protected account with a username. We may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion.

 

You agree to: (1) provide true, accurate, current, and complete information as prompted by the username account application; and (2) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to suspend or terminate your account, without warning, if you are found to have misrepresented any account application information. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

Authorized Use

 

SAC grants you a non-exclusive, non-transferable, limited right to access the Clickfree and kooboodle.com Community and the materials thereon for your personal use only, provided that you fully comply with these Terms. You shall not interfere or attempt to interfere with the operation of the Clickfree and kooboodle.com Community in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms. Except as expressly provided herein or otherwise allowed by SAC, you may not use the Clickfree and kooboodle.com Community for any commercial purpose.

 

Your Content

 

You are entirely responsible for your conduct in the Clickfree and kooboodle.com Community and for all submissions that are uploaded, posted, transmitted or otherwise made available on or through the Clickfree and kooboodle.com Community by you or under your account (including, but not limited to sending messages through the Clickfree and kooboodle.com Community or through other applicable websites or posting messages to discussion boards, forums, blogs or otherwise). By uploading or posting any content to the Clickfree and kooboodle.com Community, you represent and warrant that the content you make available fully complies with these Terms and the Usage Guidelines. Do not disclose or solicit the private information of any person. You are responsible for any use by third parties of any personal information you disclose to the Clickfree and kooboodle.com Community, whether or not such use was permitted. You agree to indemnify SAC, its shareholders, directors, officers, employees, affiliates, agents licensors and any service provider the foregoing engage in the provision of the Clickfree and kooboodle.com Community for any claim that may arise as a result of such disclosure, solicitation or use of personal information.

 

By sending a submission or posting content to the Clickfree and kooboodle.com Community you agree to grant SAC a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright, publicity rights and other rights with respect to the submission or post and all content therein. If you do not want to grant to SAC the rights set out above, do not send your submission or post content to the Clickfree and kooboodle.com Community.

 

Acceptable Use Policy

 

As a condition of your use of the Clickfree and kooboodle.com Community, you: (1) agree that you will only use the Clickfree and kooboodle.com Community for lawful purposes in accordance with these Terms; (2) agree and consent to our Privacy Policy, Copyright Policy, which are all incorporated herein by this reference; (3) agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of SAC or third parties in connection with your use of the Clickfree and kooboodle.com Community; (4) agree that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Clickfree and kooboodle.com Community; (5) agree that you will not harvest, gather or otherwise collect contact information of other users of the Clickfree and kooboodle.com Community for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters; (6) agree that you will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any posting, e-mail or form entry created through the Clickfree and kooboodle.com Community; (7) agree that you will not interfere with others' right of enjoyment of the Clickfree and kooboodle.com Community; and (8) agree that you will not access or attempt to access unauthorized areas of the Clickfree and kooboodle.com Community, tamper with other users' postings, or unreasonably load or burden our servers.

 

Copyright Policy

 

SAC respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using the Clickfree and kooboodle.com Community. You agree that you will not use the Clickfree and kooboodle.com Community to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of the Clickfree and kooboodle.com Community is subject to the terms of our Copyright Policy that is incorporated herein by reference.

 

Responsibility of Clickfree and kooboodle.com Community Users

 

The content found in the Clickfree and kooboodle.com Community comes from a variety of sources, primarily from community members. Although SAC requires all users to post accurate information within the Clickfree and kooboodle.com Community, SAC assumes no responsibility for the accuracy of the information and makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. SAC has not reviewed, and cannot review, all of the content available on the Clickfree and kooboodle.com Community, and cannot therefore be responsible for that content, its use or effects. By operating the Clickfree and kooboodle.com Community, SAC does not represent or imply that it endorses the content there available, or that it believes such content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Clickfree and kooboodle.com Community may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Clickfree and kooboodle.com Community may also contain content that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SAC disclaims any responsibility for any harm resulting from your use of the Clickfree and kooboodle.com Community, or from any downloading or use of content available on the Clickfree and kooboodle.com Community.

 

Please use discretion in what personal or proprietary information you publish. SAC cannot make any guaranty of the confidentiality or privacy of any communication or information transmitted and SAC will not be liable for the privacy of e-mail addresses, registration, user account and identification information, confidential or trade-secret information published within the Clickfree and kooboodle.com Community.

 

Community Leaders

 

From time-to-time SAC may designate certain Clickfree and kooboodle.com Community members as Community Leaders, or other valued members of the Clickfree and kooboodle.com Community. This designation does not create an employee or agency relationship between SAC and this member, does not make this member a company spokesperson, nor does it imply any endorsement of this member or this member's postings or content. Instead, the designation only allows the Clickfree and kooboodle.com Community to know which members have been helpful, have provided constructive advice and have set a positive example and tone for the Clickfree and kooboodle.com Community. Like any information posted on the Clickfree and kooboodle.com Community, the opinions and advice provided by these members are their own. This content is the sole responsibility of the Community Leader or other valued member.

 

Employee and Partner Participation

 

Employees of SAC or employees of any companies that do business with SAC may only participate in the Clickfree and kooboodle.com Community in a personal capacity and not as a representative of SAC or any of those other companies. This includes, but is not limited to, individuals employed by companies who provide products or services to SAC. If you are an employee of SAC or any company that does business with SAC please refrain from disclosing your employment status on the Clickfree and kooboodle.com Community and within private messages. Please note that only SAC moderators and administrators provide official information regarding SAC products and services. Any other postings in the Clickfree and kooboodle.com Community, like all other third party content, are the sole responsibility and the personal views of the person posting the information and such information is not being endorsed or controlled in any way by SAC.

 

No Warranties

 

You expressly agree that the use of the Clickfree and kooboodle.com Community is at your sole risk. ALL INFORMATION PROVIDED IN THE CLICKFREE AND KOOBOODLE.COM COMMUNITY IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SAC AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE CLICKFREE AND KOOBOODLE.COM COMMUNITY, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SAC OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

 

You agree to indemnify, hold harmless and defend SAC, its affiliates, shareholders, directors, officers, employees, agents and licensors from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to your use of the Clickfree and kooboodle.com Community, including, without limitation, any content or information transmitted or received by you and your violation of any representation, warranty, obligation or covenant contained in these Terms.

 

Enforcement

 

SAC reserves the right to investigate any violation of these Terms and to take appropriate action, at its absolute discretion, to enforce these Terms. In the case of any violation of these Terms, SAC reserves the right to suspend or terminate your right to use or access the Clickfree and kooboodle.com Community. SAC does not generally edit or monitor content posted by participants in the Clickfree and kooboodle.com Community. However, SAC retains the right (without an obligation), at its sole discretion, to remove or edit any material that, in SAC's sole judgment, does not comply with these Terms, or that is otherwise inappropriate or objectionable for the Clickfree and kooboodle.com Community. SAC also retains the right to assign or delegate such right to some members of the Clickfree and kooboodle.com Community. SAC is not responsible for any failure or delay in removing such material. In addition, SAC reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all your visits to the Clickfree and kooboodle.com Community, both now and in the future.

 

Governing Law and Venue

 

These Terms constitute a binding agreement. Failure to comply with these Terms may result in account revocation and other legal action. These Terms, and all SAC policies, rules and guidelines that are incorporated into these Terms by reference, constitute the entire agreement between you and SAC and governs your use of the Clickfree and kooboodle.com Community superseding any prior agreements between you and SAC. The laws of the Province of Ontario, Canada, shall govern these Terms and the relationship between you and SAC, without regard to conflict of law provisions. You and SAC agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.

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