ACCEPTANCE
OF TERMS.
The products and services that ThreeClicks
provides to you are subject to the following Terms
of Use ("TOU"). ThreeClicks reserves the
right to update the TOU at any time without notice
to you. The most current version of the TOU can be
reviewed by clicking on the "Terms of
Use" hypertext link located on our Web page(s).
DESCRIPTION OF
SERVICES.
Through its network of Web pages, ThreeClicks
provides you with access to a variety of
resources, including products, software, developer
tools, download areas, communication forums and
product information (collectively
"Services"). The Services, including any
updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to
the TOU.
Advertisements on
this site are placed and controlled by outside
advertising networks. ThreeClicks.com does not
evaluate or endorse the products and services
advertised. PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for
your personal and non-commercial use. 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
obtained from the Services.
PRIVACY AND
PROTECTION OF PERSONAL INFORMATION.
Disclosure
relating to the collection and use of your
personal information:
ThreeClicks does not sell, rent or lease its
customer information to third parties.
NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download
from the Services ("Software") is the
copyrighted work of ThreeClicks and/or its
suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any,
which accompanies or is included with the Software
("License Agreement"). An end user will
be unable to install any Software that is
accompanied by or includes a License Agreement,
unless he or she first agrees to the License
Agreement terms.
The Software is
made available for download solely for use by end
users according to the License Agreement. Any
reproduction or redistribution of the Software not
in accordance with the License Agreement 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 THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, ThreeClicks CORPORATION
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR
CONVENIENCE, ThreeClicks MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
ThreeClicks DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES OR IN
ThreeClicks SOFTWARE PRODUCTS.
RESTRICTED RIGHTS
LEGEND. Any Software which is downloaded from the
Services for or on behalf of the United States of
America, its agencies and/or instrumentalities
("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is ThreeClicks
Corporation, 6314 Olive Avenue, Sarasota, FL
34231-7115.
STANDARD
DISCLAIMER
ThreeClicks accepts
no responsibility for damages resulting from the
use of its products or services and makes no
warranty or representation, either express or
implied, including but not limited to, any implied
warranty of merchantability or fitness for a
particular purpose. This service is provided AS
IS, and the user assumes all risks therein. By
downloading, copying, using software or services
produced by ThreeClicks, or accessing its website,
you agree to be bound by this disclaimer.
ThreeClicks
software and services are provided as proprietary
property and cannot be sold. It may be freely
distributed to licensed individual end-users for
their personal use, provided they are informed by
the distributor of ThreeClicks' authorship of the
software or service being distributed and they
also agree to be bound by the terms of this
disclaimer. Tampering with the code is illegal.
The files in this software package or service may
not be disassembled, decomposed, reverse
engineered, or altered in any way.
Software produced
by ThreeClicks may not be bundled with any
commercial package, copied and distributed on
CD-ROM or floppy disk, or distributed with any
accompanying books or magazines without the
express written consent of ThreeClicks.
LICENSE AGREEMENT
Please carefully read the following terms and conditions before using this
software, product, or service. Your use of this software, product, or service
indicates your acceptance of this license agreement and disclaimer of all warranties.
Disclaimer of Warranty
IN NO EVENT SHALL THREECLICKS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF THE USE OF THIS SOFTWARE, PRODUCT, OR SERVICE, AND IF ANY,
ITS DOCUMENTATION, EVEN IF THREECLICKS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Restrictions
You may use this software on a computer system only if you own the system
or have the permission of the owner, provided they are informed of ThreeClicks'
authorship of the software or service and they also agree to be bound by the
terms of this license.
You may not alter the software or associated code files.
Distribution, sale, or transfer of this software, product, or service,
and its documentation is prohibited.
It may only be obtained by license from ThreeClicks
http://threeclicks.com.
Copyright 1997-2008. ThreeClicks
All Rights Reserved.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use
Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice
appears in all copies and that both the copyright
notice and this permission notice appear, (2) use
of such Documents from the Services is for
informational and non-commercial or personal use
only and will not be copied or posted on any
network computer or broadcast in any media, and
(3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12,
universities, private/public colleges, and state
community colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires
express written permission. Use for any other
purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
Documents
specified above do not include the design or
layout of the ThreeClicks.com Web site or any
other ThreeClicks owned, operated, licensed or
controlled site. Elements of ThreeClicks Web sites
are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied
or imitated in whole or in part. No logo, graphic,
sound or image from any ThreeClicks Web site may
be copied or retransmitted unless expressly
permitted by ThreeClicks.
THREECLICKS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. THREECLICKS AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL
THREECLICKS AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THREECLICKS AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL ThreeClicks AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an
account, you must complete the registration
process by providing us with current, complete and
accurate information as prompted by the applicable
registration form. You also will choose a password
and a user name. You are entirely responsible for
maintaining the confidentiality of your password
and account. Furthermore, you are entirely
responsible for any and all activities that occur
under your account. You agree to notify
ThreeClicks immediately of any unauthorized use of
your account or any other breach of security.
ThreeClicks will not be liable for any loss that
you may incur as a result of someone else using
your password or account, either with or without
your knowledge. However, you could be held liable
for losses incurred by ThreeClicks or another
party due to someone else using your account or
password. You may not use anyone else's account at
any time, without the permission of the account
holder.
NO UNLAWFUL OR
PROHIBITED USE.
As a condition of your use of the Services, you
will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any
manner that could damage, disable, overburden, or
impair any ThreeClicks server, or the network(s)
connected to any ThreeClicks server, or interfere
with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer
systems or networks connected to any ThreeClicks
server or to any of the Services, through hacking,
password mining or any other means. You may not
obtain or attempt to obtain any materials or
information through any means not intentionally
made available through the Services.
USE OF
SERVICES.
The Services may contain e-mail services, bulletin
board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or
communication facilities designed to enable you to
communicate with others (each a
"Communication Service" and collectively
"Communication Services"). You agree to
use the Communication Services only to post, send
and receive messages and material that are proper
and, when applicable, related to the particular
Communication Service. By way of example, and not
as a limitation, you agree that when using the
Communication Services, you will not:
- Use the
Communication Services in connection with
surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any
duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse,
harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post,
upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information.
- Upload, or
otherwise make available, files that contain
images, photographs, software or other
material protected by intellectual property
laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own
or control the rights thereto or have received
all necessary consent to do the same.
- Use any
material or information, including images or
photographs, which are made available through
the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or
other proprietary right of any party.
- Upload files
that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or
any other similar software or programs that
may damage the operation of another's computer
or property of another.
- Advertise or
offer to sell or buy any goods or services for
any business purpose, unless such
Communication Services specifically allows
such messages.
- Download any
file posted by another user of a Communication
Service that you know, or reasonably should
know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
- Falsify or
delete any copyright management information,
such as author attributions, legal or other
proper notices or proprietary designations or
labels of the origin or source of software or
other material contained in a file that is
uploaded.
- Restrict or
inhibit any other user from using and enjoying
the Communication Services.
- Violate any
code of conduct or other guidelines which may
be applicable for any particular Communication
Service.
- Harvest or
otherwise collect information about others,
including e-mail addresses.
- Violate any
applicable laws or regulations.
- Create a false
identity for the purpose of misleading others.
- Use, download
or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory
of users of the Services or other user or
usage information or any portion thereof.
ThreeClicks has no
obligation to monitor the Communication Services.
However, ThreeClicks reserves the right to review
materials posted to the Communication Services and
to remove any materials in its sole discretion.
ThreeClicks reserves the right to terminate your
access to any or all of the Communication Services
at any time, without notice, for any reason
whatsoever.
ThreeClicks
reserves the right at all times to disclose any
information as ThreeClicks deems necessary to
satisfy any applicable law, regulation, legal
process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in ThreeClicks's
sole discretion.
Always use
caution when giving out any personally
identifiable information about yourself or your
children in any Communication Services.
ThreeClicks does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, ThreeClicks
specifically disclaims any liability with regard
to the Communication Services and any actions
resulting from your participation in any
Communication Services. Managers and hosts are not
authorized ThreeClicks spokespersons, and their
views do not necessarily reflect those of
ThreeClicks.
Materials
uploaded to the Communication Services may be
subject to posted limitations on usage,
reproduction and/or dissemination; you are
responsible for adhering to such limitations if
you download the materials.
MATERIALS
PROVIDED TO ThreeClicks OR POSTED AT ANY
ThreeClicks WEB SITE.
ThreeClicks does not claim ownership of the
materials you provide to ThreeClicks (including
feedback and suggestions) or post, upload, input
or submit to any Services or its associated
services for review by the general public, or by
the members of any public or private community,
(each a "Submission" and collectively
"Submissions"). However, by posting,
uploading, inputting, providing or submitting
("Posting") your Submission you are
granting ThreeClicks, its affiliated companies and
necessary sublicensees permission to use your
Submission in connection with the operation of
their Internet businesses (including, without
limitation, all ThreeClicks Services), including,
without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
your Submission; to publish your name in
connection with your Submission; and the right to
sublicense such rights to any supplier of the
Services.
No compensation
will be paid with respect to the use of your
Submission, as provided herein. ThreeClicks is
under no obligation to post or use any Submission
you may provide and ThreeClicks may remove any
Submission at any time in its sole discretion.
By Posting a
Submission you warrant and represent that you own
or otherwise control all of the rights to your
Submission as described in these Terms of Use
including, without limitation, all the rights
necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to
the warranty and representation set forth above,
by Posting a Submission that contain images,
photographs, pictures or that are otherwise
graphical in whole or in part
("Images"), you warrant and represent
that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images
has granted you permission to use such Images or
any content and/or images contained in such Images
consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use
and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has
provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of
example, and not as a limitation, the
distribution, public display and reproduction of
such Images. By Posting Images, you are granting
(a) to all members of your private community (for
each such Images available to members of such
private community), and/or (b) to the general
public (for each such Images available anywhere on
the Services, other than a private community),
permission to use your Images in connection with
the use, as permitted by these Terms of Use, of
any of the Services, (including, by way of
example, and not as a limitation, making prints
and gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
your Images without having your name attached to
such Images, and the right to sublicense such
rights to any supplier of the Services. The
licenses granted in the preceding sentences for a
Images will terminate at the time you completely
remove such Images from the Services, provided
that, such termination shall not affect any
licenses granted in connection with such Images
prior to the time you completely remove such
Images. No compensation will be paid with respect
to the use of your Images.
No material from THREECLICKS.COM or any Web site owned, operated, licensed, or controlled by THREECLICKS.COM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of THREECLICKS.COM's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement should be sent to oz@ThreeClicks.com
ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT
RECEIVE A RESPONSE.
To be effective, the written Notification must
include the following:
- A physical or
electronic signature of a person authorized to
act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at
a single online site are covered by a single
notification, a representative list of such
works at that site;
- Identification
of the material that is claimed to be
infringing or to be the subject of infringing
activity and that is to be removed or access
to which is to be disabled, and information
reasonably sufficient to permit the service
provider to locate the material;
- Information
reasonably sufficient to permit the service
provider to contact the Complaining Party,
such as an address, telephone number, and if
available, an electronic mail address at which
the complaining party may be contacted;
- A statement
that the Complaining Party has a good faith
belief that use of the material in the manner
complained of is not authorized by the
copyright owner, its agent, or the law; and
- A statement
that the information in the notification is
accurate, and under penalty of perjury, that
the Complaining Party is authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
LINKS TO THIRD
PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE
ThreeClicks SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF ThreeClicks AND ThreeClicks IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. ThreeClicks IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
ThreeClicks IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY ThreeClicks OF THE
SITE.
- Google, as a
third party vendor, uses cookies to serve ads.
- Google's use of
the DART cookie enables it to serve ads to users
based on their visit to these sites and other
sites on the Internet.
- Users may opt
out of the use of the DART cookie by visiting
the
Google ad and content network privacy policy.
UNSOLICITED
IDEA SUBMISSION POLICY.
ThreeClicks OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR
NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN ThreeClicks'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO ThreeClicks. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO ThreeClicks OR ANYONE AT
ThreeClicks. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT ThreeClicks MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
TRADEMARKS.
ThreeClicks,
ThreeClicks.com, Oz@threeclicks.com, e-Manual,
click-A-dex, 2eZweb, We Do Windows, "The way
to get to where you want to go today.",
"Think Correctly", and/or other
ThreeClicks products referenced herein are either
registered trademarks or trademarks of ThreeClicks
Corporation in the U.S. and/or other countries.
The names of actual companies and products
mentioned herein may be the trademarks of their
respective owners. The example companies,
organizations, products, domain names, email
addresses, logos, people and events depicted
herein are fictitious. No association with any
real company, organization, product, domain name,
e-mail address, logo, person, or event is intended
or should be inferred.
Any rights not
expressly granted herein are reserved.
COPYRIGHT
NOTICE.
Copyright © 1997 - 2009 ThreeClicks Corporation, 6314 Olive
Avenue, Sarasota, Florida 34231-7115 U.S.A. All
rights reserved.
Send your
questions to the appropriate contact as listed
below:
Last
revised:
09/17/2009
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