By accessing and/or using our Service, You agree to be bound by these Terms, including the underlying NTD Policy that form integral part of the Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE INSTALL THE SOFTWARE (AS DEFINED HEREIN) AND DO NOT USE THE SERVICES.
We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is Your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that Your continued use of our Services after such changes have been published, will constitute Your acceptance of such revised Terms. These Terms contain the entire understanding of the parties on the subject matter hereof.
In order to download, install and use the Software and Services, You may be required to register with ClickMeIn. You must provide all information as requested by ClickMeIn in the registration process, and You represent and warrant that all such information shall be accurate and complete. You shall keep such information up-to-date.
You are the sole and exclusive guardian of any password and ID combination issued or chosen by to You, and You are responsible to maintain the confidentiality and security of Your Password(s) and ID(s). You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via Your Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of Your Password(s), and/or ID(s) or any related account. You agree to immediately notify Licensor of any unauthorized use of Your account or password. Licensor will not be liable for any losses or damage arising from unauthorized use of Your account or password, and You agree to indemnify and hold Licensor harmless for any improper or illegal use of Your account.
The Service allows You to send unlimited files ("File" or "Files") over the internet via the Site. By uploading Your Files through the Site, the Service provides you with a downloadable link that you can copy and send to the designated recipient(s) ("Recipient" or "Recipients"), and through which the Recipient(s) can download the transferred File(s) onto their personal computers and/or devices. The Services are capable of transferring all kind of Files. Uploaded Files are stored on ClickMeIn’s servers for a period of two (2) days. After this period, Files are permanently deleted to make room for new transfers.
ClickMeIn provides the technically necessary facilities to transfer Your Files. ClickMeIn does not claim any ownership of the Files You transfer through our Services. You are fully and solely responsible for the Files You wish to transfer through our Services. By using our Services You acknowledge and agree that ClickMeIn is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File. By using our Service You further acknowledge and agree that You have the permission to grant ClickMeIn the non-exclusive, worldwide, royalty free right (license), including the right for ClickMeIn to sublicense this right to third parties, to store and transfer Your File as part of our Service.
You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations, in connection with access and use of the Services. Licensor does not guarantee that the Services shall be appropriate or available for use in any particular location and You are responsible for compliance with local laws to the extent applicable.
YOU ARE NOT ALLOWED TO USE OUR SERVICES TO INFRINGE UPON ANY RIGHTS, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OR TO PROMOTE, ENABLE OR FACILITATE OTHERS TO INFRINGE UPON ANY RIGHTS.
Except as may be expressly permitted by applicable law, or as ClickMeIn may authorize expressly in writing, as a condition of Your use of the Services, You will not, and will not permit anyone else to:
- Use the Service to defame, libel, disparage, threaten, harass, intimidate or abuse anyone or promote violence;
- Use the Service to distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component;
- Violate the contractual, intellectual property or other rights of any party;
- Promote or perpetrate any illegal activity, including non-authorized access to Files, or non-authorized download or distribution of any Files;
- Publish, display, disclose, rent, lease, modify, copy, loan, distribute, or create derivative works based on the Software or any component thereof, whether for commercial or non-commercial purposes;
- Reverse engineer, decompile, translate, adapt, or disassemble the Software or any component thereof;
- Attempt to create the source code from the object code for the Software or any component thereof;
- Transmit the Software or any component thereof over any network or between any devices;
- Sublicense, further distribute, or permit use of the Software or any component thereof by more than one user; or
- Attempt to disable or circumvent any activation protection mechanism accompanying the Software or assist third parties to do so.
- Transfer any Files that: contain child pornography, are false or misleading, You don’t have the right to copy and/or transfer, infringe on intellectual property rights, violate any privacy rights, including data protection rights, infringe on or violate any applicable law or regulation.
We reserve the right to investigate and/or remove, without warning, any Files from our servers or block Your access to the Site and/or Service, when we find, at our sole discretion, or receive substantiated and valid complaints, that You are using the Service in violation of these Terms, or act in violation of applicable law or regulation. In addition, please note that we reserve the right to disclose Files to the extent necessary: (i) in connection with legal proceedings instituted against us and/or court order, (ii) to abide by any law, regulation or government request, (iii) to safeguard national security, defense, public security or public health and (iv) to enforce our Terms.
ACCESS TO OUR SERVICES
The Service requires downloadable software ("Software") and is structured as a Client-Server Application, in which the Software periodically communicates with our servers to process the Software’s request for information and/or service function, or as otherwise required to facilitate the provision of the Services.
BY EMPLOYING THE CLIENT-SERVER ARCHITECTURE STRUCTURE, WE ARE ABLE TO BETTER EXPLOIT AVAILABLE COMPUTING RESOURCES AND SHARE DATA PROCESSING LOADS. IN ADDITION, WE UTILIZE THIS COMPUTING ARCHITECTURE STRUCTURE TO PROVIDE YOU WITH VARIOUS ADVERTISEMENTS AND OTHER MONETIZATION PROGRAMS (INCLUDING THIRD PARTY APPLICATIONS) EXECUTED THROUGH THE DISTRIBUTED APPLICATION OF THE CLIENT-SERVER MODEL. DELIVERING MORE RELEVANT ADVERTISING AND OTHER MONETIZATION APPLICATIONS TO YOU ALLOW US TO GENERATE MORE REVENUES, WHICH REVENUES PAYS FOR THE FREE CONTENT THAT WE MAY PUBLISH FOR YOU, OR THE FREE SERVICES THAT WE DELIVER TO YOU.
ADDITIONALLY, PLEASE BE AWARE THAT THE SOFTWARE MAY UPDATE AUTOMATICALLY OR UPON PRIOR NOTICE TO YOU, ONCE A NEW VERSION, FEATURE OR FUNCTIONALITY, INCLUDING THIRD PARTY MONETIZATION FEATURES/PROGRAMS, ARE AVAILABLE, AND MAY OCCUR ALL AT ONCE OR OVER MULTIPLE SESSIONS.
BY INSTALLING THE SOFTWARE AND/OR USING THE SERVICES, YOU EXPRESSLY AGREE THAT LICENSOR MAY PERFORM THE ACTIONS ENUMERATED IN THIS PARAGRAPH.
Subject to Your compliance with these Terms, ClickMeIn grants You a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Software (including all updates thereto) solely for the purpose of enabling You to use and enjoy the benefit of the Services as provided by ClickMeIn, in the manner permitted by these Terms.
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Software and/or Services without notice. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of all or any portion of our Software and/or Services.
You can easily uninstall the Software by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) clicking on the "Uninstall" button at the Site and following the steps to uninstall.
ClickMeIn takes reasonable security measures to protect Files transferred via our Service. However, ClickMeIn can make no guarantee that such Files cannot be accessed by third parties. Any use of the Services is at Your own risk, and ClickMeIn shall have no liability in respect of the unauthorized access of any data by third parties.
ClickMein shall have all right, title and interest in the Software and Services. ClickMeIn does not request Your feedback regarding the Software and/or the Services. Notwithstanding the foregoing, if You provide ClickMeIn with any feedback regarding the Software and/or Services, ClickMeIn may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing herein shall be interpreted to provide You any rights in the Software and/or Services except the limited license as expressly set forth herein. No rights or licenses are granted hereunder by estoppel or by implication.
All trademarks, service marks, trade names, trade dress, product names and logos appearing on the Site are the property of their respective owners, including in some instances ClickMeIn. Any rights not expressly granted herein are reserved.
NOTE ABOUT CHILDREN
Children under the age of 13 are not eligible to use the Services, and we ask that they do not submit any personal information to us. If You are at least 13 but not yet 18 years of age, please have Your parent or legal guardian review these Terms with You, discuss any questions You might have, and install the Software for You. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
What information we may collect
We do not know Your identity or make any efforts to reveal it, however, we may collect personal identifiable information ("PII"), such as Your name, address, email address, and telephone number, if You will voluntarily provide us such PII when You engage with the Services. If You choose to submit PII, You acknowledge and agree that we may use that information for general marketing purposes and to communicate with You by e-mail, postal mail, telephone and/or mobile devices about products or Software that may be of interest to You either from us, our parent or subsidiary companies.
We also collect non-personally identifiable information ("NPII"), such as the number of page views, link clicks, and login times, for such purposes and according to methods, as further described below.
How We Collect Information. We use various technologies to collect information from Your device and about Your activities when engaging with the Software and/or Services:
- Submitted information. We will collect information You voluntarily submit such as Your name, email address, or other account or registration information.
- Log Files. We gather certain information automatically and store it in log files. The information includes internet protocol (IP) addresses (and information that can be extrapolated from it such as IP type and general location), browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data.
- Web Beacons and Tags. Web Beacons are electronic files with a unique identifier, and Tag is a small piece of computer code that is run by the web browser, and both are used to track Your navigation of a website or collection of sites, the completion of transactions, submittal of applications and browsing behavior. Web Beacons and Tags also enable collection of data, serve advertisement and provide related software, such as measurement or fraud prevention, on websites by allowing communication between a web browser and a server.
- Cookies. Cookies are small text files that are stored on Your internet enabled device (which include Your computer, tablet, or mobile device). Through the use of a cookie, we may automatically collect information about Your online activity when engaging with the Services, such as the pages You visit, the links You click, and the actions You take within the Software and/or Services. Cookies are also used to facilitate website navigation, make sure that You are forwarded to the appropriate website when You click on an ad, and generally improve Your web browsing experience. Most systems automatically accept cookies, but You can usually modify Your browser setting to decline cookies. If You choose to decline cookies, please note that You may not be able to sign in or use some of the interactive features offered on or via the Services. Please also note that we use both session ID cookies and persistent cookies. A session ID cookie expires when You close Your browser. A persistent cookie remains on Your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in Your internet browser’s "help" file.
- Non-Cookie Technology. Today’s online world is becoming increasingly complex, with a proliferation of new devices, software platforms, online software and other technology. As such, cookies are not always available. Therefore, companies are using alternative methods to distinguish computers and devices.
Information Collected By Third-Parties. We may allow third parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies, and ad networks, to display advertisements or place ad tags or beacons on or via our Software and/or Services. These companies may use various tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness.
Do Not Track Signals. The Service’s systems are not configured to respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party Web sites or online services.
How We Use The Information We Collect.
We may use the information that we collect in order to customize the advertising and content You see, fulfill Your requests for utilizing the Services, provide You customer support, improve our Software and Services, contact You, conduct research and analysis, provide anonymous reporting for internal and external clients, and enforce these terms and conditions.
With Whom We Share Your Information.
In the event that ClickMeIn is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from You as part of such merger, acquisitions, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how Your information is treated, transferred, or used.
While we strongly encourage advertising partners, service providers, and partners to adopt responsible approaches online marketing, ClickMeIn is not responsible for the information practices of any third party entities referenced in this paragraph, which may use the information we share with the for the same purpose as we use the information, or for their own independent purposes, The collection, use, and disclosure of information by such referenced third parties are subject to their respective privacy policies, which may differ from the privacy terms contained herein. In addition, we may share aggregated information we collect, under any of the above circumstances, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
Security and Confidentiality.
We will store Your information as long as it is reasonably necessary to attain the mentioned purposes and in accordance with any applicable legal requirement. We implement standard security measures to protect Your information and to prevent unauthorized access or misuse of the information under our control. Although we routinely evaluate our practices to identify security threats or opportunities for the improvement of our Software and Services, no transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failures, and other factors may compromise data security, and accordingly, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, implied or otherwise, that we will prevent such access. You acknowledge and agree to assume these risks when engaging with the Services and communicating with us.
Notice to California Residents.
If You are resident of the State of California and would like to know how Your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please email us by clicking on the "Support" button at the Site.
In order to opt-out from disclosure of Your personal information to any third party for marketing purposes, please follow the instructions below. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
You may exercise Your right to access, rectify, cancel and object to the processing of Your PII by contacting us by clicking on the "Support" button at the Site. Your requests will be dealt within a prompt and proper manner as possible. You cannot review or remove any NPII.
LINKS AND THIRD PARTY CONTENT
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, which is accessible on or through our Software and/or Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Software and/or Services, You may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to You by Your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is Your responsibility to evaluate the information, opinion, advice, or other content available on and through our Software and/or Services.
You understand that ClickMeIn, in its sole discretion, may modify or discontinue or suspend Your right to access the Software and utilize the Services at any time. You agree that ClickMeIn shall not be liable to You or any third party for any termination or disabling of the Software and/or Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND THE SERVICE INCLUDING SERVICE CONTENT IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SOFTWARE, SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SOFTWARE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SOFTWARE AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
CLICKMEIN RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AND/OR THE SOFTWARE AND/OR SERVICES AT ANY TIME WITHOUT NOTICE.
CLICKMEIN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THIRD PARTY CONTENT.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, CLICKMEIN MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
LIMITATION OF LIABILITY
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SOFTWARE, SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SOFTWARE, SERVICES AND SERVICE CONTENT FOR THE SIX (6) MONTH PERIOD PRIOR TO THE CLAIM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by Your use of the Software and/or Service and/or Service Content, Your violation of these Terms, or Your violation of any rights of a third party through use of the Software and/or Service and/or Service Content.
Enforcement of any dispute relating to these Terms will be governed by the laws of the State of Israel, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or Your use of the Software and/or Services and/or Service Content will lie in the state and courts located in Tel-Aviv, Israel, and You irrevocably agree to submit to the jurisdiction of such courts.
Customer hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non - convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
The terms and conditions which by their nature are intended to survive termination of these Terms shall survive, including Restrictions, Disclaimer of Warranties, Feedback, Indemnity, and Limitation of Liability.
If You have any questions or concerns about our Software, Services or these Terms, You may contact us by clicking on the "Support" button at the Site.
ClickMeIn Technologies Ltd.
23 Menachem Begin Rd., Levinstein Tower