BY USING MyClickit.com SOFTWARE PRODUCTS, YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED WITHIN THIS SOFTWARE LICENSE AGREEMENT. BY CLICKING THE ACCEPTANCE BUTTON FOR THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE". THIS AGREEMENT IS THEN EFFECTIVE WHILE YOU USE AND CONTINUE TO MAKE USE OF THESE SOFTWARE PRODUCTS. IF YOU DO NOT AGREE WITH myClickit.com'S AGREEMENT, YOU MUST NOT USE OUR SOFTWARE PRODUCTS AND YOU MUST NOT CONTINUE THE NEWUSER SIGNUP PROCESS. THIS AGREEMENT WILL THEN NOT APPLY TO YOU. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
  1. Fees: myClickit is offered as a subscription service which costs $16.99 to $19.99 per year depending on purchase source. A subscriber, when signing up agrees to pay the fee and will not be subject to additional site usage fees by myClickit for the duration of the subscription (1 year). All wireless carrier service related fees for cell phone usage, or picture and text messaging are the sole responsibility of the mobile phone contract owner, and are not included in the myClickit subscription fee..
  2. Registration: To purchase from or register as a member of the myClickit Service you must be 13 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
  3. Password: When you register as a myClickit member, you will be asked to provide a password. You will be responsible for all activities that occur under your password. You should keep your password private. You should notify myClickit of any unauthorized use of your password or if you believe that your password is no longer confidential.
  4. Conduct: You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
  5. License Agreement. Subject to the terms and conditions of this Agreement, myclickit.com grants Licensee a limited, non-exclusive and non-transferable license to use the executable code version of the Product. Nothing in this license will entitle Licensee to receive from myclickit.com hard-copy documentation, technical support, telephone assistance, or updates to the Product. myclickit.com may terminate this Agreement at any time, for any reason or no reason.
  6. Restrictions. Licensee may not: (i) modify, revise or create any derivative works of the Product or documentation; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Product, including, but not limited to, any trademark, logo, copyright; [or (v) publish any results of benchmark tests run on the Product to a third party.]
  7. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Product shall remain in myclickit.com or its assigns. The Product is protected by copyright and other intellectual property laws and by international treaties.
  8. Disclaimer of Warranty. THIS PROGRAM IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL myclickit.com OR ITS AFFILIATES BE LIABLE TO LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, myclickit.com'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
  10. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Georgia, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Missouri and Licensee expressly consent to the exercise of personal jurisdiction in the courts of Missouri in connection with any such dispute including any claim involving myclickit.com. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith
  11. Licensee Outside the U.S. If Licensee is located outside the U.S., then the provisions of this Section shall apply. The parties confirm that this Agreement and all related documentation is and will be in the English language.