a) clik.ca™
is a trade-mark applied for in Canada and licensed to CLIK INTERNET MARKETING INC. It is used in connection with the internet-based information service offered via the website, www.clik.ca (the ' Website').
b) clikID®
is a registered trademark in Canada and licensed to CLIK INTERNET MARKETING INC. It is an easily remembered information identifier, created by Users when registering for the clik.ca™ service, and enables other Users of the clik.ca™ service to easily find the User’s webpage on the Internet.
c) clikWORDS™
is a trade-mark applied for in Canada and licensed to CLIK INTERNET MARKETING INC. It is used as a specific type of clikID® information identifier and consists of english and/or french characters, words or phrases.
d) CLIK INTERNET MARKETING INC.
is an federally incorporated company registered in Canada, which owns and operates the clik.ca™ service, clikID® identifiers, clikWORDS™ and the Website. Collectively, the clik.ca™ service, clikID® identifiers, clikWORDS™, and any other services offered through the Website are referred to herein as the ' Services'.
1. Introduction
The following terms of service, together with any additional terms as are set forth in the registration form entered into by the User at the time of registering for the Services (collectively the 'Terms of Service') outline the manner in which you, the User, may use the clik.ca™ service located at the Website, www.clik.ca, on the Internet and its related services, including clikID® identifiers. If you do not accept these Terms of Service, you may not use the clik.ca™ service or any of the services or features offered through the Website including the clikID® identifiers.
IF YOU ACCESS AND CONTINUE TO USE A clikID® IDENTIFIER, THE clik.ca™ SERVICE, OR ANY OTHER SERVICES OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE clik.ca™ SERVICE, clikID®, NOR ANY OF THE SERVICES. Please read these Terms of Service carefully.
2. Changes to Terms of Service
CLIK INTERNET MARKETING INC. reserves the right to change these Terms of Service at any time with such changes taking effect immediately. Therefore, you should read these Terms of Service each time you access the Website, www.clik.ca, or use any of the Services, including whenever you enter or register a clikID® identifier. At all times, your access to and continued use of the clik.ca™ service and other Services, indicates your binding acceptance of these Terms of Service as they may be amended from time to time. These Terms of Service were last revised on: October 27, 2009
3. Changes to Services and Content
At any time, CLIK INTERNET MARKETING INC. may change, terminate or discontinue any aspect of the Website or the Services, including, without limitation: (a) changing any such Services without notice or liability; (b) changing applicable fees for existing Services, or introducing new fees in relation to existing or new Services; (c) modifying, changing or otherwise altering any information or content found on www.clik.ca ; and (d) limiting access to certain Services, or restricting access entirely without notice or liability in the sole and complete discretion of CLIK INTERNET MARKETING INC.. CLIK INTERNET MARKETING INC. retains the right, but is under no duty, to correct any errors or omissions relating to any of its Services at any time without providing notice.
4. Privacy Policy
Upon issuance of a clikID® identifier, you, the User, agree to be bound by the clik.ca™ privacy policy (the 'Privacy Policy'), which is also posted on our Website. The Privacy Policy is incorporated by reference herein and consequently forms part of these Terms of Service. By uploading any information which identifies you as an individual person, and not a corporate entity, (“Personal Information”), you are hereby consenting to the use of such personal information for the Authorized Uses described herein below, as well as those prescribed within the Privacy Policy. To the extent that you upload any personal information of another person, you hereby represent and warrant to CLIK INTERNET MARKETING INC. that you have obtained the express consent of such person to upload their personal information to the Website for its use as part of the clik.ca™ service.
5. Authorized Uses
The Service may only be used for the purpose of advertising and accessing User’s webpages in a manner that is lawful and which do not otherwise constitute a Prohibited Use as referred to herein below, (the 'Authorized Uses'). By registering a clikID® and using the Services, you, the User, hereby represent and warrant to CLIK INTERNET MARKETING INC. and all of its other
Users of the Services, that you have obtained all necessary rights, clearances and consents to access, and provide access to others, of the web page associated with any clikID® identifier issued to you by CLIK INTERNET MARKETING INC. as part of the Services. You furthermore, agree and accept that you are solely responsible for any and all actions, communications and postings undertaken or transmitted while using clik.ca™ services and the other Services and you agree to fully comply with all applicable laws, the Authorized Uses and the Privacy Policy in respect of the personal and other information available on clik.ca™. Subject to the Terms of Service, CLIK INTERNET MARKETING INC. grants you a non-exclusive, non-transferable, limited right to access, use and view the Website, the clik.ca™ service and other Services and to use clikID® identifiers solely for the Authorized Uses.
6. Prohibited Uses
Any use of any clikID® identifier, clik.ca™ service, or other Services which is outside the scope of the Authorized Uses is strictly prohibited. Without limiting the generality of the foregoing, the following activities constitute prohibited uses which violate the Terms of Service for Users:
a) Using the clik.ca™ service, a clikID® identifier, or any other Service in a manner that infringes or threatens to infringe the copyright, trade-mark, trade secret or other intellectual property rights of others, or violates or threatens to violate the privacy, publicity or other personal rights of others;
b) Violating or attempting to violate the security of the Website including, without limitation (i) accessing personal or other information not intended for such User or logging into an account for which the User has no prior authorization from CLIK INTERNET MARKETING INC. to access; (ii) impersonating any person or entity, including, without limitation, an employee or agent of CLIK INTERNET MARKETING INC., or otherwise misrepresenting your affiliation with any person, corporation, partnership or other entity; (iii) attempting to search for, scan or test the clik.ca™ potential system or network vulnerabilities or to breach security or authentication measures; (iv) attempting to interfere with the Services available to any other user of the Services and the Website, host or network, including, without limitation, submitting a virus, Trojan horse, worm, spyware, malware or other harmful, disruptive or destructive file to clik.ca™, or 'overloading', 'flooding', 'spamming', 'mailbombing', 'crashing' or using any device, software or routine to interfere or attempt to interfere with the proper working of clik.ca™ (including the proper working of clikID® and other Services); or (v) sending spam, chain letters, junk mail or any other type of unsolicited email or communications, including promotions and/or advertisements for products or services;
c) Posting or transmitting any personal or other information which is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious;
d) Access or use of any of the Services by a User who has not attained the legal age of majority in the jurisdiction in which they reside;
e) Except as specifically authorized by CLIK INTERNET MARKETING INC., selling, reproducing, modifying or attempting to modify any personal or other
information obtained through the Website and the Services, in any way, or reproducing or publicly displaying, distributing or otherwise using such
information for any public or commercial purpose including, without limitation, use of such
information on any other website;
f) Except as specifically authorized by CLIK INTERNET MARKETING INC., transferring any information obtained through the Website and the Services to any other person, partnership, corporation or third party;
g) Printing or copying any of the computer programs used in the Website www.clik.ca to support the Services;
h) Creating or using a false identity on the Website, or posting false, misleading or inaccurate personal or other information including, without limitation, personal profiles or supplying an unlawful, false, misleading or inaccurate URL when registering for the clikID® service at the Website;
i) Collecting, using or disclosing information about others without their consent;
j) Using e-mail addresses not owned by a User, or for which a User does not have the express permission of the owner of such e-mail address to use;
k) Posting information on the Website on behalf of any competitor of CLIK INTERNET MARKETING INC. in relation to the Services, or posting other information that contains links to any website that competes directly with the clik.ca™ service as determined by CLIK INTERNET MARKETING INC. in its sole and absolute discretion;
l) Using or attempting to use any engine, software, tool, agent, bot or other device or mechanism to navigate or search the Website other than such search engines and search aids made available by CLIK INTERNET MARKETING INC. through the Website and widely used third party web browsers (i.e. Microsoft Internet Explorer, Firefox, Apple Safari etc.).
CLIK INTERNET MARKETING INC. reserves the right, at all times, to disclose any personal or other information provided by you the User as necessary to satisfy any law, regulation or governmental/judicial request or, to the extent permitted by law, to edit, refuse to post or to remove any personal or other information, either in whole or in part, that in the sole discretion of CLIK INTERNET MARKETING INC. is objectionable or otherwise in violation of the Terms of Service.
7. Links and Connections to External Websites and Third Party Information
The Website supports many links and connections to other websites which are not controlled by CLIK INTERNET MARKETING INC., including the extensive use of external links supplied by individual Users when they register for the clik.ca™ service or a clikID® identifier. The URL that is supplied by the registrant of a clikID® identifier (and stored in the clik.ca™ database on behalf of the clikID® registrant) and other such links and connections to other external websites, are provided only as a convenience to our Users and specifically not as an endorsement by CLIK INTERNET MARKETING INC. of the practices and contents of such external websites. Our support to link to external websites is not a statement by CLIK INTERNET MARKETING INC. of the lawfulness, suitability, accuracy or completeness of the information provided on such external websites. CLIK INTERNET MARKETING INC. declares that the registrant of the clikID® identifier is responsible to ensure that the URL web address that they submit on-line to the Website in using the clik.ca™ service (and that our clik.ca™ computer system stores in the database normally with no human intervention) must comply with all applicable laws and these Terms of Service.
The owner of an external website may restrict or prohibit ‘direct page-level’
access to their website, in which case it is the responsibility of the
registrant of a clikID® identifier, to ensure that such User fully and
completely satisfies all legal requirements for page level external linking from
clik.ca™ to the URL specified website.
CLIK INTERNET MARKETING INC. advises that the clikID® registrant, as the provider of the URL, is responsible to ensure that the page-level access specified by the URL that they submited for registration, is lawfully acceptable to the URL specified external website owner.
As a User of a clikID® identifier, upon entering a valid clikID® identifier, you will immediately be transferred to the appropriate external web page associated with the clikID® identifier. You visit such external, third party websites (such websites and related links collectively referred to as “Third Party Websites”), available through links and connections from the clik.ca™ information service at your own risk and must take every and all precautions to guard against viruses and other destructive mechanisms to which you may be exposed, by linking or connecting to such Third Party Websites.
8. Proprietary Rights
The clik.ca™ service, clikID® identifiers, and the contents, information and material available on the Website, including without limitation names, words, text, titles, phrases, logos, icons, graphics, layouts, images, designs, software, methods and processes and all other material, save and except the Third Party Websites, (collectively the 'Information'), is the property of CLIK INTERNET MARKETING INC. or its content suppliers or Users, (to the extent they provide such Information), and is protected by copyright and other laws and international treaties where applicable. Each User hereby grants to CLIK INTERNET MARKETING INC. a royalty-free, worldwide, non-exclusive license to use all content and other Information posted by a User to the Website for the purposes of operating the clik.ca ™ service and any other related Services. Except for the limited license granted to you in these Terms of Service, CLIK INTERNET MARKETING INC. does not grant any other express or implied license to you with respect to the Information, including any patent, trade-mark or copyright related to the Website, the clik.ca™ service, or the clikID® identifiers. You may not copy, alter, display, sell or distribute the Information or use it in any manner not expressly permitted by these Terms of Service. Specifically, without limiting the generality of the foregoing, you may not use the Information on any other website or in a networked computer environment, and you may neither copy nor adapt the HTML source code that CLIK INTERNET MARKETING INC. has created to generate the clik.ca™ pages. clik.ca™, clikID®, clikWORDS™ and certain other names, words, titles, phrases, logos, icons, graphics or designs or other content appearing on the Website may be trade names or trade-marks applied for, owned or licensed by CLIK INTERNET MARKETING INC. The display of trade-marks and trade names on the Website does not imply that a license of any kind has been granted to anyone else. The Information is for your personal and internal use only. Any unauthorized downloading, retransmission, deletion, copying or modification of trade-marks and/or other contents of the Website may be a violation of any federal or other law that may apply to such trade-marks and/or copyrights and could subject the copier to legal action.
9. Disclaimers
CLIK INTERNET MARKETING INC. ASSUMES NO RESPONSIBILITY FOR INFORMATION POSTED BY USERS NOR FOR THE ACTIVITIES, OMISSIONS OR OTHER CONDUCT OF USERS. CLIK INTERNET MARKETING INC. DOES NOT SCREEN, MONITOR OR VERIFY PERSONAL OR OTHER INFORMATION POSTED BY USERS, WHICH IS POSTED ON AN 'AS IS, WHERE IS' BASIS. CLIK INTERNET MARKETING INC. HAS NO CONTROL OVER THE QUALITY OR LEGALITY OF PERSONAL OR OTHER INFORMATION POSTED BY USERS. USERS ARE SOLELY RESPONSIBLE FOR THE PERSONAL AND OTHER INFORMATION THEY POST ON THE WEBSITE AND FOR MAKING ALL NECESSARY INQUIRIES TO VERIFY AND CONFIRM THE ACCURACY, TRUTHFULNESS AND CURRENCY OF PERSONAL AND OTHER INFORMATION THAT MAY BE AVAILABLE TO THEM THROUGH THE WEBSITE AND IN USING THE clik.ca™ SERVICE UPON WHICH YOU MAY RELY OR INTEND TO RELY.
If CLIK INTERNET MARKETING INC. suspects that, or is notified by any person that reference or linking to any Third Party Website or any other Information on THE WEBSITE OR ACCESSIBLE USING THE clik.ca™ SERVICE infringes any third party intellectual property right or any privacy right of an individual person, then in such event, CLIK INTERNET MARKETING INC. reserves the right to investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such listing or terminate a User’s use of the Services; however, CLIK INTERNET MARKETING INC. has no liability or responsibility to Users to perform such activities. In its sole discretion, CLIK INTERNET MARKETING INC. may take any action with respect to User-submitted personal or other information that it deems necessary or appropriate, to the extent permitted by law.
10. No Warranty
THE clik.ca™ SERVICE, clikID® IDENTIFIERS, AND THE OTHER SERVICES ARE PROVIDED ON AN 'AS IS, WHERE IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY THE LAW, CLIK INTERNET MARKETING INC. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF CONDITIONS, QUALITY, USEFULNESS, DURABILITY, PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CLIK INTERNET MARKETING INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PERSONAL OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, OR ITS SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS AND CONNECTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIK INTERNET MARKETING INC. DOES NOT WARRANT THAT THE WEBSITE NOR THE SERVICES WILL OPERATE ERROR-FREE, THAT CLIK INTERNET MARKETING INC. HAS MADE NO TYPOGRAPHICAL OR OTHER ERRORS NOR THAT THE WEBSITE OR THE clik.ca™ SERVICE AND ITS THIRD PARTY PROVIDED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AND DISRUPTIVE MECHANISMS.
Nothing posted or otherwise appearing on the Website or accessible via the clik.ca™ service shall be considered an endorsement, representation or warranty with respect to any Users or Third Parties, whether in regard to its website, products, services, hiring experience, employment or recruitment practices, or otherwise.
11. No Liability
BY ACCESSING AND USING THE WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AND THE SERVICES SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL CLIK INTERNET MARKETING INC., ITS OWNER, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF THE WEBSITE AND THE SERVICES, BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES), WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH OR RELATED TO YOUR ENTERING, BROWSING OR IN ANY MANNER USING THE WEBSITE OR THE SERVICES , OR ANY CONTENT, PERSONAL OR OTHER INFORMATION, OR MATERIAL ASSOCIATED THEREWITH REGARDLESS OF WHETHER OR NOT ANY SUCH LOSSES OR DAMAGES ARISE IN CONNECTION WITH CLAIMS BASED IN CONTRACT, TORT, OR EQUITY AND REGARDLESS OF WHETHER ANY SUCH LOSSES AND DAMAGES ARE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF CLIK INTERNET MARKETING INC., ITS OWNER, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF clik.ca™ AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIK INTERNET MARKETING INC., ITS OWNER, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTIES INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF THE WEBSITE AND THE SERVICES SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, ARISING AS A RESULT OF OR RELATED TO ANY LOSS OR DAMAGE TO DATA, HARDWARE OR SOFTWARE ASSOCIATED WITH THE USE OF THE WEBSITE NOR THE SERVICES IN ANY MANNER, ANY CLAIMS ARISING OUT OF OR RELATED TO DELAY OR INABILITY TO USE OR TO ACCESS THE WEBSITE, THE SERVICES OR ANY LINKS OR CONNECTIONS AVAILABLE THROUGH SAME, INCLUDING THIRD PARTY WEBSITES, ANY LOSS OR DAMAGE CAUSED BY TRANSMISSION DEFECTS, VIRUSES, WORMS OR SOFTWARE BUGS, OR ANY DAMAGE OR LOSS SUSTAINED AS A RESULT OF THE DOWNLOADING OF ANY TEXT, DATA, PERSONAL OR OTHER INFORMATION OR ANY OTHER MATERIAL FROM THE WEBSITE OR IN USING THE SERVICES.
IF ANY EXCLUSION OR LIMITATION ON LIABILITY DOES NOT APPLY TO YOU OR IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CLIK INTERNET MARKETING
INC’s MAXIMUM LIABILITY TO YOU IN THE AGGREGATE SHALL BE LIMITED TO ONE HUNDRED ($100) CANADIAN DOLLARS.
12. Indemnity
BY ACCESSING AND USING THE WEBSITE AND THE SERVICES , YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CLIK INTERNET MARKETING INC., ITS OWNER, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING OPERATIONS OF THE WEBSITE AND THE SERVCIES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS AND/OR PROCEEDINGS (AND ALL DAMAGES, COSTS, AND EXPENSES ASSOCIATED THEREWITH, INCLUDING LEGAL EXPENSES) WHICH ARISES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND THE SERVICES AND/OR YOUR BREACH OF THESE TERMS OF SERVICE.
13. Governing Law
By accessing and using the Website and the Services, you agree and accept that any Services and these Terms of Service shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada as may be applicable. By using the Services, you submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada as the proper and most convenient forum for the final determination of any matters in dispute and waive any objections based on venue in any such claim, action and/or proceeding.
14. Termination
On expiry of the registration of any clikID® identifier, CLIK INTERNET MARKETING INC. will typically honour a request for renewal, however, CLIK INTERNET MARKETING INC. reserves the right, at its sole discretion, to not renew any particular clikID® identifier. Upon registration of a clikID® identifier, the User hereby acknowledges and accepts that the User has no proprietary or other rights to any clikID® identifier issued by CLIK INTERNET MARKETING INC. and that, on expiry of a User’s registration of a clikID® identifier, CLIK INTERNET MARKETING INC. is free to issue the same clikID® to another User of the clik.ca™ service.
15. Entire Agreement
These Terms of Service, together with any additional terms, such as those relating to payment, as set forth in registration form entered into by the User at the time of registering for the Services, constitutes the entire agreement between CLIK INTERNET MARKETING INC., and you.
If any provision(s) of these Terms of Service are found to be invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.