Official Clickbooth™ Blog Website Terms and Conditions

Official Clickbooth™ Blog Website Terms and Conditions

Thank you for visiting the Official Clickbooth™ Blog website located at www.blog.Clickbooth™.com (the “Site”). The Site is an Internet property of IntegraClick, Inc. (“Clickbooth™,” “we” or “us”). You agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) register as a commenter (“Commenter”) on the Site, which enables you to comment using the various interactive services associated with the Site (“Clickbooth™ Forum”); (c) sign up to receive our Monthly Newsletter (“Newsletter Service”); and/or (d) register for one of our sweepstakes, promotional offers or contests (the “Promotions”). The Clickbooth™ and John Chow Twitter® Contest Privacy Policy (“Privacy Policy”), the applicable Promotion contest rules (“Official Contest Rules”) and any and all other applicable Clickbooth™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (together with these Term and Conditions, the “Agreement”). Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Clickbooth™ Forum, Newsletter Service, Promotions and/or the Site in any manner or form whatsoever.

The Content (as that term is defined hereinbelow) appearing on the Site is provided for informational purposes only, and none of the Content appearing on the Site is intended for business-related, income-related or employment-related purposes. The Feedback (as that term is defined hereinbelow) appearing on the Site is provided by Commenters. Clickbooth™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Feedback or other information transmitted or made available via the Site, and shall not be responsible or liable for any business-related, income-related or employment-related decisions based on such information. Clickbooth™ is not engaged in rendering advice associated with any business-related, income-related or employment-related matter and nothing we do and no element of the Site should be construed as such. Clickbooth™ disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to the Clickbooth™ Forum, Newsletter Service, Promotions and/or the Site (collectively, the “Clickbooth™ Services”). The Agreement constitutes the entire and only agreement between you and Clickbooth™ with respect to your use of the Clickbooth™ Services and/or the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Clickbooth™ Services, the Site, the Content and Feedback contained herein. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, insofar as the applicable Promotion is concerned, those Official Contest Rules shall govern. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes arising prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.

2. Requirements. The Site and/or the Clickbooth™ Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.

3. Description of the Site. Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view all media, text, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”) as compiled, distributed and displayed by Clickbooth™, Commenters and other third party content providers (“Third-Party Providers”).

The Content shall be organized, in part, around various forums and topics applicable to affiliate marketing issues for discussion and comment. The Clickbooth™ Forum shall encourage interaction between Commenters and Clickbooth™ by allowing Commenters to comment on the topics put forth in the Clickbooth™ Forum (“Feedback”). Portions of the Content, and the entirety of the Feedback, including, without limitation, the comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information included therein, are provided directly by Commenters and Third-Party Providers, as applicable. Such Content and Feedback is posted by the applicable Commenters and/or Third-Party Providers and not Clickbooth™, Clickbooth™ does not control the information provided by Commenters and/or Third-Party Providers and such information should not necessarily be relied upon. Such Commenters and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Clickbooth™, does not represent or warrant that the Content and/or Feedback, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information posted in the Clickbooth™ Forum or otherwise by and through the Site is accurate, complete or appropriate. You understand and agree that Clickbooth™, will not be responsible for, and Clickbooth™, undertakes no responsibility to monitor or otherwise police such Content, Feedback, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information. You agree that Clickbooth™, shall have no obligations and incur no liabilities to you in connection with any such Content, Feedback, comments, opinions, products, services, requests, solicitations and/or other information appearing in the Clickbooth™ Forum or otherwise by and through the Site.

You may find certain Content and/or Feedback as posted by Commenters and/or Third-Party Providers to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Clickbooth™ Forum and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Commenters, Third-Party Providers, Clickbooth™ personnel and/or other third parties. Disputes may arise between you and others or between you and Clickbooth™ related to such Feedback, Content, other material posted or made available by and through the Site. Such disputes could involve, among other things, the Feedback; the Content; other material posted or made available by and through the Clickbooth™ Services; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; and the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Feedback, Content or other information that you transmit, re-transmit or receive through the Site, Clickbooth™ Services, network or equipment are your sole and exclusive responsibility. In the event that you have a dispute with one or more Site-users, Commenters, Third-Party Providers, Clickbooth™ personnel and/or other third parties, you hereby release Clickbooth™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Clickbooth™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Commenters, Third-Party Providers, Clickbooth™ personnel and/or other third parties.

If you would like to register a complaint, notify Clickbooth™ of a dispute or notify us of inaccurate or misleading information appearing on, or otherwise through, the Clickbooth™ Services, please feel free to contact us at 1-XXX-XXX-XXX or at ____@_______.com.

4. Description of the Clickbooth™ Services.

A. Clickbooth™ Forum.
Commenters: Subject to the terms and conditions of the Agreement, by registering on the Site, you can obtain, or attempt to obtain, access to the Clickbooth™ Forum as a Commenter. In order to become a Commenter, you must enter information in the applicable commenting form (“Commenter Form”). Clickbooth™ reserves the right, in its sole discretion, to deny access to the Clickbooth™ Forum to anyone at any time and for any reason, whatsoever. As a Commenter, you can provide Feedback in connection with the Site’s many interactive features designed to foster interaction between you, Clickbooth™ and other Commenters including, but not limited to, the Clickbooth™ Forum. Clickbooth™ reserves the right to prohibit any conduct by Commenters or to remove any Feedback or other materials posted by Commenters to the Site that Clickbooth™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Clickbooth™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Clickbooth™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Clickbooth™ undertakes no responsibility to monitor or otherwise police the Feedback posted by Commenters. You understand and agree that Clickbooth™ is not responsible or liable in any manner whatsoever for your inability to use the Clickbooth™ Forum, or for any dispute between you and other Commenters and/or end-users. The data that you must supply on the Commenter Form includes: (a) your name; (b) e-mail address; and (c) if applicable, a URL for your website (collectively, “Commenter Registration Data”). You agree to provide true, accurate, current and complete Commenter Registration Data and to update your Commenter Registration Data as necessary in order to maintain it in an up to date and accurate fashion. You are responsible for maintaining the confidentiality of your Commenter Registration Data and you agree to accept responsibility for all activities that occur through use of your Commenter Registration Data.

Feedback: As a Commenter you agree that you are solely responsible for the Content, Feedback and/or other information that you publish, transmit and/or post by and through the Clickbooth™ Services. You agree to use the Clickbooth™ Services in a manner consistent with any and all applicable federal, state and local laws, statutes, rules, regulations and judicial decrees. In connection with the Feedback and/or other information that you post by and through the Clickbooth™ Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person via the Clickbooth™ Forum or Site; (vi) engage in unauthorized advertising to, or solicitation of, Site-users or Commenters in an effort to buy or sell any securities, products or services; (vii) transmit any chain letters, spam or junk e-mail; (viii) express or imply that any statements that you make are endorsed by Clickbooth™; (ix) harvest or collect personal information of Site-users or other Commenters whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the Site’s functions, services and/or the servers or networks connected to the Site; (xiv) post, offer for download, e-mail or otherwise transmit 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 or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site, without our prior written authorization; (xvii) use metatags or code or other devices containing any reference to Clickbooth™ and/or the Site in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your applicable access to the Site without notice, in the sole discretion of Clickbooth™, pursuant to the terms of the Agreement. Clickbooth™ reserves the right to pursue any and all legal and equitable remedies against Commenters that engage in the aforementioned prohibited conduct.

B. Promotions.
From time-to-time, Clickbooth™ offers promotional prizes and other awards via Promotions. By providing true and accurate information in connection with the applicable Promotion registration form (“Promotion Registration Data”), and agreeing to the Official Contest Rules applicable to each Promotion, you can enter for a chance to win the promotional prizes offered through each Promotion.

C. Newsletter Service.
Subject to the terms and conditions of the Agreement, Clickbooth™ provides users with the opportunity to sign up to receive e-mail updates regarding the latest Clickbooth™ Forum topics and other information by completing the applicable request form made available on the Site (“Newsletter Request Form”). You should be aware that the Content and all other information, advice, data, photographs and images provided in connection with the Newsletter Service are provided for informational purposes only. Clickbooth™ reserves the right, in its sole discretion, to deny the Newsletter Request Form of anyone at any time for any reason, whatsoever. The registration data that you must supply with your Newsletter Request Form may include, without limitation, your: (a) email address; and (b) name (collectively, “Newsletter Registration Data” and together with the Commenter Registration Data and Promotion Registration Data, the “Registration Data”). You agree to provide true, accurate, current and complete Newsletter Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Clickbooth™ will verify and approve all Newsletter Request Forms in accordance with its standard verification procedures.

5. Non-Endorsement/Independent Contractors. Clickbooth™ operates the Clickbooth™ Services and Site as a neutral host, and Clickbooth™ does not regularly monitor, regulate or police the use of the Clickbooth™ Services and/or Site by any of its participants. The participation in the Clickbooth™ Services and/or Site by a Commenter, Third Party Service Provider or otherwise does not constitute an endorsement by Clickbooth™ of that Commenter, Third Party Service Provider or other third party. Commenters, Third-Party Providers and other third parties are independent parties and Clickbooth™ does not, and shall not, have any responsibility or liability for the acts, omissions, agreements, promises, Content, Feedback and/or other information of any Commenter, Third Party Service Provider and/or other third party. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between Clickbooth™ and any Commenter, Third Party Service Provider or any other party. No Commenter or Third Party Service Provider has any authority to make or accept any offers or representations on behalf of Clickbooth™.

6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content, Feedback, Promotions and all other material posted or made available by and through the Clickbooth™ Services in accordance with the Agreement. Clickbooth™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Clickbooth™, you may only use the Content, Feedback, Promotions, Site and/or Clickbooth™ Services for your own personal use. No part of the Site including, but not limited to, the Content, Feedback and/or Clickbooth™ Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Feedback, Clickbooth™ Services and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Content, Site and/or Clickbooth™ Services. You may not use the Content, Feedback, Site and/or Clickbooth™ Services in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Content, Feedback, Site and/or Clickbooth™ Services for any commercial purposes not expressly permitted by Clickbooth™ (including the bundled sale of such Content and/or Feedback). Clickbooth™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.

7. Proprietary Rights. Commenters grant to Clickbooth™ a perpetual, transferable, irrevocable, royalty free, worldwide license (“License”) to display on, and distribute through, the Clickbooth™ Services and/or Site, and any and all other media, the Content, Feedback and any other information posted in the Clickbooth™ Services or otherwise on the Site by Commenters, and any and all associated trademarks, service marks, tradenames and/or copyrights. The License shall last as long as the Clickbooth™ Services remain active. All material posted or made available by and through the Clickbooth™ Services including, but not limited to, the design, selection, arrangement and coordination of such material is owned or licensed by or to Clickbooth™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Feedback, Content, other material posted or made available by and through the Clickbooth™ Services and/or Site or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by Clickbooth™ does not constitute a waiver of any right in such information and materials. Clickbooth™ reserves all rights not expressly granted hereunder. The “Clickbooth™” name and logo are trademarks of IntegraClick, Inc. All custom graphics, icons and service names are trademarks of Clickbooth™. All other trademarks are the property of their respective owners. The use of any Clickbooth™ trademark without Clickbooth™’s express written consent is strictly prohibited.

8. Indemnification. You agree to indemnify and hold Clickbooth™, its parents and subsidiaries, and each of their respective members, officers, directors, employees and/or other partners (“Indemnified Parties”), harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Promotions and/or Clickbooth™ Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Clickbooth™ and the Indemnified Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

9. Disclaimer of Warranties. THE SITE, CLICKBOOTH™ SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CLICKBOOTH™ MAKES NO WARRANTY THAT THE SITE, CLICKBOOTH™ SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE CLICKBOOTH™ SERVICES AND/OR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CLICKBOOTH™ IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLICKBOOTH™, ANY COMMENTERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLICKBOOTH™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLICKBOOTH™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, CLICKBOOTH™ SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN/THERETHROUGH; (B) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (C) ANY OTHER MATTER RELATING TO THE SITE, CLICKBOOTH™ SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN/THERETHROUGH. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CLICKBOOTH™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CLICKBOOTH™ TO YOU SHALL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE CLICKBOOTH™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. NO ACTION MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLICKBOOTH™. ACCESS TO THE SITE AND/OR CLICKBOOTH™ SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Clickbooth™’s liability shall be limited to the maximum extent permitted by law.

11. Third Party Websites. The Clickbooth™ Services and Site may contain links to other websites on the Internet that are owned and operated by third parties including, but not limited to, Third-Party Providers. Clickbooth™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Clickbooth™ of the applicable website or any association with the website’s operators. Because Clickbooth™ has no control over such websites and resources, you agree that Clickbooth™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties.

12. Bypassing or Disabling any Portion of the Clickbooth™ Services. If you bypass or disable any portion of the Clickbooth™ Services, Site or associated software, or block the operation of any other Clickbooth™ systems, you are in violation of the Agreement and Clickbooth™ may suspend or terminate your access to the Site and/or Clickbooth™ Services without notice. Termination of your access to the Site and/or Clickbooth™ Services will not excuse you from any criminal or other civil liabilities that may result from your actions.

13. User Information. Except where expressly provided otherwise in the Agreement, and subject to the Clickbooth™ Privacy Policy, all Feedback, Content and other information or materials that you submit through or in association with the Site (other than the Registration Data) shall be considered non-confidential. For a copy of the Clickbooth™ Privacy Policy, please Click Here. By submitting such Feedback, Content and other information or materials to us, you: (a) represent and warrant that Clickbooth™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third party’s rights; (b) agree that Clickbooth™ is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Clickbooth™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Feedback, Content or other materials, in whole or in part, or as a derivative work, without any duty by Clickbooth™ to anyone whatsoever. You acknowledge that you are responsible for, and bear all risk as to the use or distribution of the Feedback, Content and any constituent ideas, works or materials.

14. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Clickbooth™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Clickbooth™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

15. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

16. Contact Us. Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Clickbooth™, please feel free to contact us at 1-800-XXX-XXXX or at ____@XXXXXX.XXX.