This agreement sets out the legally binding terms of your use of the service provided by Click Addictz to you (hereinafter referred to as “End User”, “You” or “Buyer”), and may be modified by Click Addictz from time to time, such modifications to be effective upon posting of the modified agreement. By accessing, using and/or registering for the service provided by Click Addictz (hereinafter referred to as the “Service”), you agree that you have read and understand this End User Terms of Service and all of its contents (hereinafter referred to as this “Agreement“), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Service shall be deemed your acceptance of the modified agreement.
Description of Service
The data services provided by Click Addictz enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.
In consideration of Your use of the Click Addictz, Click Addictz solely and exclusively owns all intellectual property and other rights, title and interest in and to the Click Addictz service and all content and materials provided to you through the Service, including, but not limited to, any kind of marketing lists, emails, text and software (hereinafter referred to as the “Content”). All such content provided by Click Addictz and its licensors through the Service is the sole and exclusive property of Click Addictz, and any unauthorized use of the content may violate the federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.
Except with written consent, the Buyer shall not:
Use or permit the use of the information for generating any statistical information which is sold, rented, published, furnished or in any manner provided to a third party;
Use or permit the use of the information to prepare any comparison to other information data bases, which is sold, rented, published, furnished or in any manner provided to a third party;
Use or permit the use of the information in connection with individual credit, employment or insurance applications.
Rerent the information or otherwise permit any use of the information by or for the benefit of any party other than Buyer;
Publish, distribute or permit disclosure of the information, other than to employees and agents of the Buyer for internal use in the Buyer’s business;
While we constantly strive to achieve maximum data accuracy, we do not warrant the comprehensiveness, completeness, or accuracy of its databases or the lists. The databases and lists are provided to customer “as is” without guarantee, and we make no express or implied warranties, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. We shall not be liable for any consequential, incidental, special damages, lost profits or any damages of a similar nature even if we have been advised of the possibility of such damages. Due to the digital nature of the product, No refunds or returns will be entertained once the order has been delivered. The printed version of the list can also be made available on request with an additional shipping fee.
FrescoData grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by Click Addictz, to compete with Click Addictz, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, Click Addictz may revoke the license granted to you.
End User Obligations
By accessing, using and/or registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by Click Addictz at any time; b) promptly and regularly update your user information to maintain it’s accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Click Addictz reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, “spam”, or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as “Spamming”). Click Addictz reserves the right to immediately terminate any End User’s license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes and Click Addictz reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify Click Addictz of any such violation.
(a)This Agreement shall be governed and construed by the laws of the State of California, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the FrescoData materials and services shall be brought within the jurisdiction of the courts located within Orange County, California, United States of America. This Agreement, and the rights and obligations of the parties under this Agreement will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties further have expressly requested that this Agreement be drawn up in the English language.
(b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific Click Addictz materials and services provided constitute the entire agreement between you and Click Addictz on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.
(c) This policy may be amended from time to time at the discretion of Click Addictz.
(d) Without limiting any other remedies it may have at law or in equity, Click Addictz reserves the right to terminate this Agreement immediately without further notice if Click Addictz has reason to believe Customer is not complying with this or any other express condition of use.
This Agreement represents the entire agreement between you and Click Addictz with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Click Addictz with respect to your use of the Service.
Click Addictz reserves the right to show the clients logo and name on our site as representing that they use our service for advertising purposes only. Any client can be removed from said list by simply emailing us or sending written confirmation of the same.
Use of the Click Addictz materials and services provided constitutes your consent to this agreement. DO NOT USE Click Addictz materials and services if you find these terms unacceptable.