Preclick Photosticky Terms and Conditions

Any person who shares images that are pornographic, vulgar, obscene, copyrighted by a third party, or otherwise deemed illegal under United States or International law to the Preclick Photosticky will immediately have their membership terminated and if applicable, will be reported to the local authorities.
c Client may not alter or remove any trademark, logo, service mark, copyright or other proprietary notices or legends from any copies of Intellectual Property. Client may not sublicense, assign or transfer this license or the Intellectual Property. Client's violation of the foregoing will be grounds for immediate termination of this license by Preclick and my result in civil and/or criminal liability. Requests regarding use of the Intellectual Property for any purpose other than as permitted under this Agreement should be directed to Preclick Corporation, 140 Ocean Blvd., Atlantic Highlands, NJ, 07716. Telephone 732-291-7269.
d Client may not use the Software or Intellectual Property for third-party training, commercial time-sharing, rental or service bureau use, or outsourcing for third parties. Client agrees not to cause or permit the reverse engineering, disassembly or decompilation of the Intellectual Property, except as specified by law.
e Use of the Software by Client's authorized users will be subject to this Agreement, provided such authorized users shall be restricted to their own personal use of the Software.
1 Display and Use of Images on Photosticky. All images uploaded to Preclick Photosticky.com can be viewed, searched, shared, printed and saved by all visitors to the site.  If you do not want your images to be used in any of these manners, please do not upload your images to the Preclick Photosticky.
2 Linking/Advertising. If Client operates a Web service and wishes to link to the Preclick Web site, Client may link only to the home page or the product download page on its site and not to any other portion of the site. Preclick reserves the right to reject or terminate any links to its web site at any time and for any reason. Client acknowledges that Preclick does not review sites or advertisements linked to its Web site and shall not be liable for any third party advertising, information, or Intellectual Property of any nature, or for any transaction Client enters into, or any goods or services obtains, through any linking with its Web site, of for any off-site or stored pages, or any old or expired links. Client hereby irrevocably waives any claim against Preclick in connection with any of the foregoing.
3 Privacy Policy. Preclick's Privacy Policy is set forth at Preclick's website www.Preclick.com. The Preclick Privacy Policy is part of this Agreement and governs collection and use of personal data about users through the Software. Subject to the terms of the Preclick Privacy Policy and applicable law, Preclick retains exclusive rights to all data, material, or other information about users, including demographic data, information about personal preferences and any other material provided to Preclick. Client acknowledges that by becoming a Client, they consent to receipt of certain e-mails and product upgrades from Preclick in connection with the use of the Software. No third party shall be permitted to use such material without Preclick's specific prior written consent and only as permitted under the Preclick Privacy Policy. Client agrees to link its Privacy Policy with Preclick's Privacy Policy.
4 Support. Preclick will provide technical support for Client's access and use of the Software and Intellectual Property. Such support shall consist of problem identification and diagnosis and general technical assistance. Such support shall be available by e-mail, Monday through Friday, except Preclick holidays, between the hours of 9:00 AM and 5:00 PM Eastern Time, with an initial response to e-mail notice within 72 hours of client's e-mail notice to support@preclick.com. From time to time Preclick will issue upgrades, modifications or fixes to resolve or eliminate technical problems or defects (whether reported or unreported), but is not obligated to do so on any priority basis.
5 International Use. If Client accesses the Software from outside the United States of America, Client accepts full responsibility for compliance with all local laws, if applicable. The Intellectual Property may not be appropriate or legal to use outside the United States of America and Preclick disclaims all responsibility with respect to any such use. Software included in the Intellectual Property is further subject to United States export controls; no software may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods, or (2) to anyone on the U.S. Treasury Department list of Specially Designed Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software and Intellectual Property, Client represents and warrants that neither Client nor its authorized users are located in, under the control of, or a national or resident of any such country or on any such list.
6 Authorized Third Parties. Preclick reserves the right to use third parties to provide any necessary services to Preclick and/or Client in connection with Preclick providing the products and services offered through the Software.
7 Access to Password Protected or Secure Areas. Access to and use of password protected and/or secure areas of the Preclick or Photosticky Web sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Preclick or Photosticky Web sites shall have the license granted under Section 2 immediately terminated and may be subject to prosecution under applicable law.
8 Use of "Cookies". Preclick reserves the right to store information on Client's computers in the form of a "cookie" or similar file for purposes of modifying the Software to reflect the preferences of Client's authorized users. Preclick's Privacy Policy provides additional information regarding its use of cookies, as well as procedures for disabling cookies. Note:  To use Preclick Photosticky, you must have cookies enabled in your Internet browser.
9 Confidentiality of Client Communications. Except as required by law and in accordance with the Preclick Privacy Policy, Preclick will maintain the confidentiality of all Client communications, which contain personal user information and which are transmitted directly to Preclick. Postings by Client's authorized users on any message board or in any chat room will not be protected as confidential and Preclick may use information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose whatsoever.
10 Indemnity.
a Client hereby agrees to release and indemnify and hold Preclick, its officers, directors, agent and employees ("Indemnified Parties") harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines or judgments, including, but not limited to, attorneys fees, costs and expenses incident thereto, which may be suffered by, accrued against, be charged to or recovered from the Indemnified Parties, by reason of, arising out of or in connection with any claim by a third party arising out of or in connection with any act, error or omission of Client, under or relating to this Agreement or relating to the performance or failure of performance of the Software or Intellectual Property; provided, however, that claims subject to Preclick's indemnity obligation under Section 11(b) shall be excepted. Client hereby waives and releases Preclick from any and all obligations and liabilities and any and all rights, claims and remedies of Client against Preclick, express or implied, arising by law or otherwise, resulting from any defects, delays, errors, malfunctions or interruptions of the Software or Intellectual Property; provided, however, that claims subject to Preclick's indemnity obligation under Section 11(b) shall be excepted, whether or not beyond the control of Preclick or caused in whole or in part by the negligence of Preclick.
b Preclick will defend and indemnify Client against any claim that any of the Intellectual Property infringes any United States copyright, patent, trade secret, or other proprietary right of a third party, provided that: (a) Client notifies Preclick in writing within 30 days of the claim; (b) Preclick has sole control of the defense and all related settlement negotiations; and (c) Client provides Preclick with the assistance, information and authority necessary to perform Preclick's obligations under this Section 11(b). Preclick will reimburse Client's reasonable out-of-pocket expenses incurred in providing such assistance. Preclick shall have no liability for any claim of infringement based on the combination or use of the Intellectual Property with software, hardware or other materials not furnished by Preclick if such infringement would have been avoided by use of the Intellectual Property alone.
c If the Intellectual Property is held or are believed by Preclick to infringe third party rights, Preclick shall have the option, at its expense, to (i) modify the Intellectual Property to be noninfringing; or (ii) obtain for Client a license to continue using the Intellectual Property. If it is not commercially reasonable to perform either of the above options, then Preclick may terminate the license for the infringing Intellectual Property and refund the license fees paid by Client. This Section 11(c) states Preclick's entire liability and Client's exclusive remedies for infringement of the Intellectual Property.
11 Limitation of liability for use of the service. Preclick makes no warranties or representations as to the accuracy, truthfulness, usefulness, effectiveness, reliability, or security of the intellectual property or any products or services offered through the service, and assumes no liability or responsibility therefore. Client agrees that neither Preclick, its officers, directors, employees, or agents, nor its licensors will be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the service, even if Preclick is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, computer viruses or client's use or inability to use the service or intellectual property; any errors, omissions or defects in the service or intellectual property; losses from interruption; termination or failed operation of the service; or any breaches of security with respect to any of Client's stored information; failure of mechanical or electronic equipment or communication lines; telephone or other interconnect problems; theft; or any force majeure event. Preclick cannot and does not guarantee continuous, uninterrupted or secure access to the service. Preclick's liability to Client shall not, for any reason, exceed the aggregate payments actually made by Client to Preclick over the course of the existing term.
12 Disclaimer of warranties. Client expressly agrees that use of the service is at client's sole risk. The intellectual property, service and products and services offered through the service are available strictly on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under applicable law.
13 Termination. This Agreement shall remain in full force and effect after Client's acceptance until terminated, suspended, or canceled for any of the following reasons: (1) upon 30 days written notice by Preclick to terminate this Agreement; (2) immediately by Preclick for any unauthorized access or use by Client, including permitting an unauthorized person or entity to use Client's membership to access the Software, or any other unauthorized access or use of the Software; or (3) immediately, if Client violates this Agreement or tampers with or alters any of the Intellectual Property. Termination, suspension, or cancellation of this Agreement or Client's access rights shall not affect any rights or remedies available to Preclick. Upon termination of this Agreement, all rights granted to Client to use the Software or Intellectual Property will terminate.
14 Infringement policy. Preclick, on behalf of itself and its licensors, reserves the right, but not the obligation, under the Digital Millennium Copyright Act (the "Act"), 17 U.S.C. Section 512 to terminate Client's license to use the Software and Intellectual Property if it determines that Client is involved in infringing activity, including alleged acts of first-time or repeat infringement, whether or not the material or activity is ultimately determined to be infringing. Preclick and its licensors accommodate, and do not interfere with, standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Preclick, on behalf of itself and its licensors, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
Legal Department
Preclick Corporation
140 Ocean Blvd.
Atlantic Highlands, NJ 07716
Tel: 732-291-7269
E-mail: info@preclick.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right, should be sent to Preclick's designated agent, listed above, and must include the following information.
A.     A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Software are covered by a single notification, a representative list of such works at that Software. Similarly for other types of infringing materials, a list of such materials.
C.     Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D.     Information reasonably sufficient to permit Preclick to contact Client, such as Client's address, telephone number and/or e-mail address.
E.      A statement that Client has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F.      A statement that the information in the notification is accurate, and under penalty of perjury, that either Client is, or Client is authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed or the person defamed.
17 Choice of Law. This Agreement will be governed by, and enforced solely and exclusively in accordance with, the laws of the State of New Jersey, without regard to its choice of law provisions. Client agrees that the Federal and state courts located in New Jersey will be the sole and exclusive forum for the resolution of any and all disputes or controversies arising out of, or in connection with, this Agreement. Client hereby consents to the jurisdiction of such courts and irrevocably waive any objections thereto, including on grounds of forum non conveniens, regardless of the location from which Client or its authorized users access the Software. The failure of Preclick to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Software or the Intellectual Property or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in this Agreement are for convenience only and have no legal or contractual effect.
18 Severability and Survival. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of Sections 1,3,6,13,14,15,18 and 22 and will survive any termination of this Agreement. 18. Modification. Preclick may modify or assign this Agreement at any time. Notification of discontinuance or changes to this Agreement may be posted on the Software, or sent to Client via e-mail or by first class mail. Client's continued use of the Software after the posting of any amendment to this Agreement will constitute Client's agreement to be bound thereby. Preclick may modify, suspend, discontinue, delete, or restrict the use of any portion of the Software at any time without prior notice or liability. Preclick may deny access to the Software by any person at any time for any reason.
19 Merger. This Agreement constitutes the entire and final agreement between Client and Preclick relating to use of the Intellectual Property and access to the Software, and supersedes all other communications or agreements with respect to its subject matter.
20 Cooperation. Preclick will fully cooperate with law enforcement authorities and legal proceedings requiring Preclick to disclose the identity of users of the Software.
21 ACCEPTANCE OF TERMS. BY REGISTERING TO USE THE SOFTWARE, AND BY ACCESSING OR USING THE SOFTWARE, CLIENT AGREES TO BE BOUND BY THE TERMS OF SERVICE OF THIS AGREEMENT, AS MODIFIED FROM TIME TO TIME. CLIENT UNDERSTANDS THAT, IF IT IS DISSATISFIED WITH THE SOFTWARE OR THE INTELLECTUAL PROPERTY, CLIENT'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INTELLECTUAL PROPERTY AND THE SOFTWARE. CLIENT AGREES TO: (A) PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT ITSELF AS PROMPTED BY THE REGISTRATION FORM (SUCH INFORMATION BEING THE "REGISTRATION DATA") AND (B) MAINTAIN AND PROMPTLY UPDATE THE REGISTRATION DATA TO KEEP IT TRUE, ACCURATE, CURRENT AND COMPLETE. IF CLIENT PROVIDES ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, OR PRECLICK HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE, PRECLICK HAS THE RIGHT TO SUSPEND OR TERMINATE CLIENT'S LICENSE AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SITESERVICE AND CONTENTINTELLECTUAL PROPERTY (OR ANY PORTION THEREOF).