Effective Date July 1, 2014
This website is owned and operated by i>clicker (“i>clicker”). Throughout the site, the terms “i>clicker” “we,” “us” and “our” refer to i>clicker.
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY CONTENT YOU MAY ACCESS THROUGH, OR CONTRIBUTE TO, THIS SITE. PLEASE READ IT CAREFULLY.
Purpose of this Site
Personal Registration for Member Services
Certain of portions of our website permit you to browse, access and use content, features and/or functionality without registration. You are required to register, however, to access certain functionality, such as the ability to upload or download materials, to save resources to your library, to comment, to “like” content, to select content as a favorite, or to subscribe to e-mail notifications (“Member Services”). The first time you attempt to access a Member Services account, you will be prompted to register. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer your account to another party. If you transfer or attempt to transfer your rights to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify i>clicker of any unauthorized use of your password or account or any other breach of security. i>clicker will not be liable for any loss or damage arising from your failure to comply with this section.
Registration and access to Member Services is currently without charge. Visitors with a .edu address will receive access immediately; non-.edu addresses will undergo a verification process to ensure security of the site. Your access to the Subscription Service is thereafter terminable at will by you or by i>clicker.
Upon termination of your account, (i) you will have no further rights in or access to this site (including any User Content you may have uploaded to the site), (ii) i>clicker may delete any User Content (as defined below) you have submitted, and (iii) i>clicker will have no further rights in any User Content, except that we may continue to store back-up copies of User Content.
Information and Functionality on the Site
The material that appears on this site is for informational purposes only. Any reliance on the material on this site is at your own risk. This site will contain information provided by other users of the site. i>clicker will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of i>clicker and are not endorsed by us. i>clicker does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this site, users may provide information about themselves to other users. You understand that i>clicker does not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself.
Your use of this Site
Use of Materials From This Site
This site and its contents, including but not limited to any Subscription Service available through the site (if applicable, and all other tools, software, files, graphics and data (the “Materials”) are the property of and owned by i>clicker or its licensors (including other users of the this site) and are protected by copyright, trademark and other laws of the United States and other countries.
Materials from “Resources” Section of This Site: With respect to resources (including but not limited to “Clicker Questions,” “Case Studies,” “White Papers,” and “Webinars”) uploaded to and hosted on this site under the Resources section (http://iclicker.com/talk-clickers/resources), you are granted, where it is not otherwise specified, a Creative Commons Attribution-Non-Commercial 3.0 Unported license (“CC-BY-NC 3.0”). Therefore, you are free to copy, distribute, transmit, and adapt the work under the restrictions specified by CC-BY-NC 3.0, including, without limitation, the following: 1. You must attribute the work in the manner specified by the author or licensor (but not in a way that suggests the author endorses you or your use of the work); 2. You may not use this work for commercial purposes.
We do not purport to grant any rights to content that is linked or embedded on this site where that content is not hosted directly on this site.
All Other Materials on this Site: i>clicker grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Materials for your own personal, non-commercial use. You may not access this site through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of this site or any content or features on the site are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on any Materials on this site. You may also create and save bookmarks. Except with respect to materials from the “Resources” section of this Site, as set forth in the preceding paragraph, and resources on this site that are copyrighted in the name of i>clicker or one of its affiliates, i>clicker does not purport to grant any rights to materials appearing on this site, including material submitted by any user of the site, and does not make any representation or warranty of any kind concerning rights in any such materials.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. i>clicker does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules, below.
Material Uploaded to “Resources” Section of this Site: When you upload any material to the “Resources” section of this site, you grant i>clicker, its affiliates, and other users of this site a CC-BY-NC 3.0 (Creative Commons) license.
All Other Material You Submit: Whenever you submit materials through this site (other than to the “Resources” section, you grant i>clicker, its affiliates, and each user of the site a nonexclusive license to access any materials you submit through the site (including content and annotations) in accordance with the terms of this Agreement and to use, reproduce, publish, distribute, display and perform such materials, in accordance with the grant of rights to users set forth above in the section entitled Use of the Materials From This Site.
All Other Materials on This Site. You grant i>clicker and its affiliates the right to use the name or e-mail address you submit in connection with such content, if they so choose.
With respect to ALL materials you submit through this site (“User Content”):
- You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
- You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the site without any prior notice to you.
In connection with your use of this Site, you agree:
- Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to grant the rights in such materials you grant under the section entitled “Material You Submit”, above;
- Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
- Not to make any personal attack on any person, firm or company;
- Not to submit or create any link to material, or otherwise use this site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
- Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
Not to submit any material that you do not have the legal right to disclose;
- Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;
- Not to advertise or engage in any form of marketing on this site or use user information obtained through this site for marketing or other commercial purposes, or use this site to post or transmit “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
- Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
- Not to stalk or harass anyone;
- Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this site, or that would damage, compromise the security of, or disrupt this site or any connected network;
- Not to use this site to collect personal information about individuals;
- Not to post or make available private information of any third party;
- Not to use this site as a forwarding service to another website;
Accuracy, Completeness and Timeliness of Information on the Site
We are not responsible if information we make available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. This site may also contain information provided by third parties, and opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of i>clicker, and are not endorsed by us. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
Trademarks and Copyrights
This site features trademarks, service marks and logos that are the property of i>clicker and its affiliates and/or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
175 Fifth Avenue
New York, NY 10010
Attention: General Counsel
Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- a 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; and
- 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 behalf of the owner of an exclusive right that is allegedly infringed.
Monitoring and Termination; Repeat Infringers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. I>CLICKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I>CLICKER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. I>CLICKER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER I>CLICKER NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
UNDER NO CIRCUMSTANCES WILL I>CLICKER OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Web site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
How to Contact Us
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department