This website is one of many operated by Clique ("Clique"), a business unit of Sparkart LLC. These Terms of Use govern each user's access to and use of all sites and services provided by Clique (the "Clique Sites" and "Clique Services"), whether accessed through the World Wide Web, mobile telephone, or any other medium or device now known or hereafter developed. The Clique Services may include any one or more of the following: accessing, viewing and/or using a Clique Site, whether publicly accessible or with restricted access; fan clubs and subscription sites; contests; email subscription lists; search services; Clique ID (described below); Mobile Services (also known as Clique Mobile, and described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, concert tickets and other items; email, message boards, chat rooms, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Clique Site.
Included among the various Clique Services is Clique ID, a Web-based service that makes it easy for you to sign in and or register for various sites and services and conduct various online transactions ("Clique ID" and the "Clique ID Service"). The Clique ID Service makes it possible for you to use your e-mail address and a single password to sign in to any Web site, service or system participating in the Clique ID system.
The Clique Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to Clique Services via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages, and (iii) the ability to browse the Clique Services from your mobile phone (Mobile Web) (collectively, "Clique Mobile" or the "Mobile Services"). Whether or not Clique charges for some or all of these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In order to use the Clique Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the Clique Services or any Clique Site and you are instructed to leave this website and not access any other Clique Site. If you are between the ages of 13 through 17 years-old, you may use the Clique Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe that you are under 13 years of age.
These Terms of Use constitute a legal agreement between you (the user of the Clique Services) and Sparkart LLC. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in these Terms of Use in order to access and/or use the Clique Services. By using Clique Services, you agree to be legally bound by these Terms of Use, whether you are a "Visitor" (which means that you simply browse any Clique Site or Clique Services) or a "Registered User" (which means that you have registered as a user of Clique Services). As used herein, the term "users" refers to Visitors and Registered Users of the Clique Services. You are authorized to use Clique Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and these Terms of Use. Please read these Terms of Use carefully. If you do not agree with all of them, you should leave the Clique Site and discontinue use of Clique Services immediately. If you do not accept these Terms of Use in their entirety, you do not have permission to access or use the Clique Services.
Clique may wish to update or change these Terms of Use from time to time to reflect changes in the Clique Services, changes in the laws affecting the Clique Services, changes in Clique's policies, or for other good reasons. When we do, we will also revise the "last updated" date at the bottom of these Terms of Use. You understand that Clique reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on the Clique Sites. Continued access to or use of the Clique Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Clique Services shall be subject to the Terms of Use, as modified from time to time.
You may be required to register to use the Clique Services. By registering as a user of the Clique Services, you will be automatically registered with a Clique ID. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored. Clique agrees that it will only use and/or disclose your personal information in accordance with the terms of the Clique Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Clique Services. The Privacy Policy shall supersede any conflicting terms contained in these Terms of Use.
If you are given a password to access the Clique Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Clique immediately of any unauthorized use of your account. Clique is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the Clique Services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Clique users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Clique assumes no responsibility or liability for this material. If you become aware of misuse of the Clique Services by any person, please contact Clique Customer Service.
You may use the Clique Services for your own personal and non-commercial purposes only. Each Clique account may only be used by a single user, and you may not allow or permit anyone else to use your Clique account to access the Clique Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Clique Services except as expressly provided in these Terms of Use.
Illegal and/or unauthorized use of Clique Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Clique Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Clique Site. Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Clique reserves the right to remove them from user profiles or other areas of a Clique Site without notice; and such solicitation may result in termination of user registration, membership and other privileges. Appropriate legal action may be taken for any illegal or unauthorized use of Clique Services.
As a user of a Clique Site or Clique Services, you have already agreed to these Purchasing Terms, which are also found in the Terms of Use. These Purchasing Terms describe the rules and policies associated with purchases of merchandise made on a Clique Site or through the Clique Services (for example, apparel, DVDs, CDs, posters, jewelry, books, stickers, etc.). By making a purchase of merchandise on a Clique Site or through the Clique Services, you signify your agreement to these Purchasing Terms. If you do not agree to all of these terms, you are not permitted to purchase any merchandise on a Clique Site or through the Clique Services. Ignorance of the terms is not a defense. You may contact Clique Customer Service with any questions you may have regarding these terms.
All prices are in US Dollars. Advance payment in full via Visa or MasterCard only is required. Prices are subject to change from time to time in Clique’s sole discretion.
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Clique is not responsible for non-receipt of orders that have been deemed delivered. Clique is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
Domestic Shipping (US): Our domestic carriers are USPS and FedEx. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. Shipping charges are determined by the number, weight, and type of items ordered and the shipping carrier and service selected. We do not ship COD.
International Shipping (Outside The US): Our international carrier is DHL Worldmail. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Clique, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.
There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
Clique will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Clique (see the Undeliverable Packages section below for details). Clique will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).
If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Clique to:
Clique will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.
If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Clique Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
If for any reason your order is classified as undeliverable and returned to Clique you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Clique will not re-ship any order that is classified as undeliverable and returned to us.
In accordance with state law, we are required to charge sales tax on orders shipped within the state of California. Sales tax is applied to the order total pre-tax, which includes shipping and handling and (if applicable) gift wrap. Sales tax is not applied to digital downloads.
All prices are in US Dollars. Prices are subject to change from time to time in Clique's sole discretion. The subscription or membership fee represents the price of the subscription or membership and not the price of the membership welcome package or other complimentary merchandise, which (if included) is included free with the purchase of the membership or subscription. Clique will accept payment via MasterCard or Visa, and sometimes American Express only if so specified on the site. In the event of a credit card chargeback, your subscription will be placed on hold and made inaccessible until resolution of the chargeback, and there will be no credit or refund for the period that your subscription is inaccessible. Mail-in payments for accepted for the purchase of certain subscriptions and memberships, but only if so specified on the applicable site. Where mail-in payment are permitted, they must be in the form of cashier's check or money order; please do not mail cash or personal checks.
Orders for Subscription Services are processed immediately and cannot be cancelled or changed once they have been processed. Please ensure that the shipping address you provide during the signup procedure is accurate and complete before placing your fan club membership or other subscription order. Your shipping address cannot be changed once your order has been processed.
Any membership welcome package or complimentary merchandise which may accompany a fan club membership or other subscription will be shipped 6-8 weeks from the time of purchase where available. The typical delivery timeframe is 8-10 weeks from the time of purchase, but please allow up to 12 weeks for delivery. Subscribers with an international shipping address are responsible for any and all duties and taxes which may be incurred upon delivery. If you refuse to pay duties or taxes, your package will be returned to Clique, will not be re-shipped, and no refund will be given.
Any membership welcome package or complimentary merchandise which accompanies a fan club membership or other subscription will be deemed delivered when the shipping company provides confirmation that the package has been successfully delivered to the shipping address you provided during the signup procedure. Clique is not responsible for non receipt of membership welcome packages or complimentary merchandise that have been deemed delivered. Clique is also not responsible for non receipt of membership packages or complimentary merchandise if you did not properly submit your correct and complete shipping address during the signup procedure.
Fan club memberships and all other Clique Site and Clique Service subscription sales are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Clique Site and Clique Service subscription purchases) include only access to the fan club (or other subscription-based Clique Site or Clique Service). Any physical merchandise which may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason.
If for any reason any membership welcome package or complimentary merchandise associated with the purchase of a subscription service is classified as undeliverable and returned to Clique, we will not issue a refund and will not re-ship.
All ticket sales on a Clique Site or through the Clique Services are operated by third-party vendors. As such, Clique is not responsible for any issues that may arise regarding ticket sales. Please contact the ticket vendor for customer support associated with ticket sales.
Furthermore, Clique makes no guarantees that tickets will be available to users of a Clique Site or through the Clique Services. Any available tickets will be made available on a first-come, first-serve basis, and Clique does not warrant that tickets will be available for every concert date, or for every user. Clique makes no guarantees with respect to the availability of tickets nor does Clique make any warranties or representations with respect to any tickets received.
You agree that you will not: (i) use the Clique Services for any purpose that is unlawful or contrary to these Terms of Use; (ii) use the Clique Services in any manner that could damage, disable, overburden, or impair the Clique Services or interfere with any other party's use and enjoyment of them; (iii) attempt to gain unauthorized access to any Clique user account, computer systems or networks associated with the Clique Services; or (iv) obtain or attempt to obtain any materials or information through the Clique Services by any means not intentionally made available or provided for.
You agree not to post, submit, upload or otherwise display prohibited content on or through the Clique Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as "Content"). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Clique Services. Clique reserves the right to investigate and take appropriate legal action against anyone who, in Clique's sole discretion, violates this provision, including without limitation, removing the offending communication from Clique Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Clique Services:
The following is a partial list of the kind of activity that is illegal or prohibited on the Clique Services and through your use of the Clique Services. Clique reserves the right to investigate and take appropriate legal action against anyone who, in Clique's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Clique Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Clique users from such advertising or solicitation, Clique reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which Clique deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Clique Services, you acknowledge that you will have caused substantial harm to Clique, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Clique $50 for each such unsolicited email or other unsolicited communication you send through the Clique Services.
You are solely responsible for your interactions with other users of Clique Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Clique Services may include use of an email account or emailing, chatting, or message board activity (individually and collectively "Community Applications"). Your use of the Community Applications is subject to these Terms of Use.
You understand that Clique is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
Clique is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Clique for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Clique reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.
By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials ("Your Materials"), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Clique Services, any advertisements and promotions, and for any other purpose for which Clique chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Clique or the Clique Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Clique's use of Your Materials. Clique is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Clique's sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable information that you provide in the process of registering for the Clique Services.
Clique may delete any of Your Materials that in the sole judgment of Clique violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Clique assumes no responsibility for monitoring the Clique Services or Clique Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Clique chooses, in its sole discretion, to monitor the Clique Services or Clique Site, Clique nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Clique does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Clique prior to posting and do not necessarily reflect the opinions or policies of Clique. Clique makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.
The Clique Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Clique Services (all of these things are commonly referred to as "Content") are owned exclusively by Clique or others who have licensed their material to Clique. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Clique Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Use are reserved by Clique (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the Clique Services are owned by Clique or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Clique for which money damages would be inadequate and in such event Clique will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Clique to terminate user privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Clique by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Clique Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Clique Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Clique's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, P.O. Box 8639, Emeryville, CA 94662; or by FAX at (510) 420-1011, attention Copyright Agent; or by email at: copyrightagent@sparkart.com.
Clique may provide information about how to use the Clique Services. If you have any questions about the Clique Services or any problems that you would like to report, please contact Customer Support. We endeavor to answer all enquiries within two (2) business days, but please allow longer.
In order to use the Clique Services, we recommend the hardware and software specified below. Clique is not responsible for any failure to operate the Clique Services resulting from you not using the recommended hardware and software.
Browser software built on the Mozilla rendering engine (5.0 or higher), which include:
In addition to using one of the aforementioned browsers, the following features must be enabled:
Please refer to your browser's documentation for information on how to enable these features. Other browsers are unsupported and are not guaranteed to function or display correctly. If your browser isn't listed above, we recommend that you use one of the following browsers:
Clique is not responsible for any delay or failure to provide content, materials or other services where such delay or failure is due to causes outside of Clique's control, including but not limited to failure of a particular recording artist or their management to make materials available to Clique in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Clique Sites contain links to other websites controlled or operated by persons and companies other than Clique ("Linked Sites"). The Linked Sites are not under the control of Clique and Clique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clique is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Clique responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Clique of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Clique Services or are identified on Clique Sites, including the delivery of and payment for goods and services.
Clique wants your voluntary feedback and suggestions regarding the Clique site and the Clique Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Clique needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Clique, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Clique's use of the materials contained within such feedback or suggestions. Clique is under no obligation to post or use any materials you may provide and may remove such materials at any time at Clique's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Clique Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Clique Privacy Policy
All software (if any) that is made available to view and/or download from the Clique Services ("Software") is owned by and is the copyrighted work of Clique and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Clique hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Clique Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Clique and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Clique for which money damages would be inadequate and in such event Clique will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
CLIQUE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE CLIQUE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLIQUE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CLIQUE, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLIQUE SERVICES, WITH THE DELAY OR INABILITY TO USE THE CLIQUE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE CLIQUE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CLIQUE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLIQUE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLIQUE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLIQUE SERVICES. In no event will Clique's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Clique Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Clique reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Clique Services or any portion thereof at any time, without prior notice. Clique may also terminate or suspend your access to the Clique Services for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Clique. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Clique Services, Clique will not terminate your access to the Clique Services prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this Terms of Use. If your Clique Services subscription is terminated for good cause, or if you cancel your Clique Services subscription prior to the expiration of the subscription period for any reason, Clique will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Clique account, your right to use the Clique Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Clique shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Clique Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.
These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of the Clique Services. Clique makes no representation that materials on a Clique Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Clique Site or use Clique Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clique as a result of these Terms of Use or use of the Clique Services. You may not assign these Terms of Use without the prior written consent of Clique. Clique may assign these Terms of Use, in whole or in part, at any time. Clique's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Clique's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Clique Services or information provided to or gathered by Clique with respect to such use. You agree to indemnify and hold Clique, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Clique Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Clique with respect to the Clique Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Clique with respect to the Clique Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Clique Sites and Clique Services, and all related technology and content: Copyright (c) 2007 by Sparkart LLC or its suppliers. All rights reserved.
"Sparkart", "Clique", "Clique ID", and "Clique Mobile" are trademarks and service marks of Sparkart LLC. The company, product, and brand names of companies, products and services mentioned herein or on a Clique Site or Clique Service may be the trademarks and service marks of their respective owners.
Sparkart LLC has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Clique Services or on a Clique Site. Except as expressly provided in these Terms of Use, the provision of the Clique Services and the display of Clique Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Last Updated: July 2, 2007