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Terms and Conditions
Last updated: February 28, 2022
Please read these terms and conditions carefully before using our service.
CLIXPIN LLC (“Clixpin”) welcomes you to its web platform and applications and invites you to enjoy the services it makes available to you through our sites, applications, and tools (the “Services”). This document and the other documents that we reference below set out the terms on which Clixpin offers you access to and use of our Services, or what we officially call our Terms and Conditions (the “Terms” for short). The Terms are a legally binding contract between you and Clixpin LLC.
By using any of our Services, you agree to the Terms. If you don’t agree with the Terms, you may not use our Services. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Clixpin.
About CLIXPIN
Clixpin is a marketplace that allows users to offer, sell, and buy goods and services using a variety of pricing formats. Clixpin is not a party to contracts for sale between third-party sellers and buyers. Unless otherwise expressly provided, Clixpin has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item.
Interpretation and Definitions
Interpretation:
In these Terms and Conditions, the following definitions shall have the meaning ascribed to them unless the context requires otherwise.
Definitions:
A breach or circumventing any applicable local, state, national, or international law, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law, regulations, third-party rights, or our systems, Services, or policies.
Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, lewd, sexually suggestive, inflammatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Harm minors in any way.
Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions.
Impersonate any person or entity.
Fail to pay for items purchased by You.
Manipulate the price of any item or interfere with any other user's listings.
Transfer your Clixpin account and user ID to another party without our consent.
Share your login credentials with any third parties.
Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service.
Upload, post, email, transmit, or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") or other proprietary rights of any party.
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software hardware, or telecommunications equipment.
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including using any device, software, or routine to bypass our robot exclusion headers.
Use any robot, spider, scraper, data mining tools, data gathering, extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Clixpin.
Circumvent any technical measures used to provide our Services.
Export or re-export any Clixpin application or tool.
Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to 8 U.S.C. §1189(a)(4).
"Stalk,” “troll," or otherwise harass another.
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through t above.
For the purposes of these Terms and Conditions:
Acknowledgment
These are the Terms and Conditions that govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Obligations
In connection with registering for, using, or participating in the Service, You must:
(i) Be 18 years or older to use our Services. You are responsible for all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider limiting a minor's access to material online.
(ii) Provide accurate, current, and complete information about You. It is prohibited to use false information or impersonate another person or company through your account.
(iii) Maintain the confidentiality of Your password and other information related to the security of Your account.
(iv) Maintain and promptly update any information You provided when you registered your account to maintain such information accurately, current, and complete.
(v) Be fully responsible for all use of Your account and for any actions that take place through Your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
(vi) Comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations.
Rules of Conduct
Under no circumstances will Clixpin be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services.
You agree not to use the Services to:
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
By posting Your Content through our Services, you grant Clixpin a license to use it. We don’t claim any ownership of Your Content, but we have your permission to use it to help Clixpin improve its Services and functionality.
By posting Your Content, you grant Clixpin a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact Clixpin at privacy@clixpin.com. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
The name "Clixpin” and the other Clixpin marks, phrases, logos, and designs that we use in connection with our Services (the Clixpin Trademarks), are trademarks, service marks, or trade dress of Clixpin in the US and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Account Security
You acknowledge and agree that You will be solely responsible for the security of Your username and password, and similarly, for all the activities that occur in conjunction with Your username and password. You also agree that Clixpin is authorized to accept Your username and password as conclusive evidence of Your activities under Your account. Clixpin shall have no obligation, liability, or responsibility to monitor the activities occurring within our Services, and under Your username and password. You agree to (a) immediately notify Clixpin of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Clixpin cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section of the Terms of Service.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions or any other Clixpin policy. You do not have a contractual or legal right to continue to use our Services after termination.
Upon termination, your right to use the Service will cease immediately. If Clixpin terminates your account, you may lose any information associated with your account, including Your Content.
Termination of your account will not affect your obligation to pay any outstanding payments or fees owed to Clixpin or its vendors prior to termination. You are still responsible for any amounts owed.
Clixpin will not be liable to You for the effect that any changes to the Services may have on You, including your income or your ability to generate revenue through the Services. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitations of Liability
Please find below the proofread version of the given text:
You understand that Clixpin does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers. Therefore, Clixpin cannot and does not make any warranties about their quality, safety, or legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Clixpin from any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Clixpin is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Services. You release us from all liability relating to that content.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE," and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of a course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Indemnification
If Clixpin is subject to a claim or lawsuit based on your action, you agree to indemnify Clixpin, its officers, and employees and hold them harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of their Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
Governing Law
The laws of the Commonwealth of Puerto Rico, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you find yourself in a dispute with another user of Clixpin’s Services or a third party, the company encourages you to contact the other party and try to resolve the dispute amicably.
If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
You and Clixpin agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section) unless otherwise required by law. Any proceedings must take place in Puerto Rico.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.
The United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us: By email: privacy@clixpin.com
