Terms and Conditions
These Terms and Conditions were last updated on 10 December 2016.
The 98clicks.com website(s) and service (the "Service") is operated by the “98Clicks Partnership” an unregistered partnership in the United Kingdom ("Company").
The term "98Clicks", “98clicks”, “98clicks.com”, "us", "we" or "our" refers to the owner of the Services, the 98Clicks Partnership. The term "you" or "your" refers to the user or viewer of 98clicks.com.
Please read these Terms and Conditions carefully before using the Service, acceptance of these Terms and Conditions is required for use of the Service.
98Clicks may change these Terms and Conditions from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. We’ll do our best to let you know about any changes we make, by posting a notice on our website, or sending you an email if we have it.
Your Access to The Service
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to 98clicks.com and/or associated Services, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from 98clicks.com and/or associated services.
We reserve the right to monitor 98clicks.com and the associated Services, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Use of this Service is solely for non-commercial and personal purposes only, subject to these Terms and Conditions, all applicable laws, rules and regulations, and any agreements or terms with third parties of which you are subject.
The Service is provided for entertainment purposes only. You may not use the Service to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
You may use the Service without registration, we do not require you to create an account. However, to participate in some of the Services we offer you must create an account that includes a username, email and password (“Your Account”).
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
When using the Service, you understand that you will be exposed to content from a variety of source, and that Company is not responsible for the safety, accuracy, usefulness, or intellectual property rights of or relating to such content. It is further understood and acknowledged by you that you may be exposed to Content that is inaccurate, objectionable, offensive, or indecent. You should not use the Service should you object to such.
Spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service may not be used by you. Automated means to manipulate the Service or to attempt to exceed the limited authorisation and access granted to you under these Terms and Conditions will not be tolerated. You may not resell use of, or access to, the Service to any third party.
In addition to any right or remedy that may be available to Company under these Terms and Conditions or applicable law, Company may suspend, limit or terminate all or a portion of your access to the Service. This suspension, limitation or termination may take place at any time with or without notice and with or without cause. In addition, Company may refer any information on illegal activities, including your personal information, to the proper authorities.
As part of providing the Service, there may be links to other websites not maintained by the Company. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company.
Company holds no responsibility for the practices or the content of third party websites, or their services, and excludes all liability for any loss or damage suffered by you as a result of your use of the links and/or third party websites to the maximum extent permissible by law. Company does not endorse any links, regardless of whether they appear on the Service or not, and Company is not affiliated with such third parties.
You retain the rights to your copyrighted content or information that you submit to the Service ("user content") except as described below.
By submitting user content to the Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to our Services.
Service Use Rules
The Service is for users to discuss, connect, and share in an open environment content relating to news stories from around the world.
While the Services generally provide a lot of leeway in what content is acceptable, here are some guidelines for content that is not. Please keep in mind the spirit in which these were written, and know that looking for loopholes is a waste of time.
Content is prohibited if it:
· Is illegal
· Is involuntary pornography
· Encourages or incites violence
· Threatens, harasses, or bullies or encourages others to do so
· Is personal and confidential information
· Impersonates someone in a misleading or deceptive manner
· Is spam
· Prohibited behaviour
In addition to not submitting unwelcome content, the following behaviours are prohibited on the Services:
· Breaking the Service or doing anything that interferes with normal use of the Service
· Creating multiple accounts to evade punishment or avoid restrictions
· NSFW (Not Safe For Work) content
We have a variety of ways of enforcing our rules, including, but not limited to:
· Asking you to stop
· Temporary or permanent suspension of accounts
· Removal of privileges from, or adding restrictions to, accounts
· Removal of content
Company or its licensors are the owners or licensees of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service.
You agree not to use, copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials, except as set forth herein.
All rights not granted under these Terms and Conditions are reserved by Company.
The Service, including all content made available on or accessed through the Service, is provided "as is" except as subject to the limitations in connection with the Non-Excludable Guarantees (as set forth below). Company makes no representations or warranties of any kind whatsoever in connection with the Service or the content on the Service.
Company excludes any implied or express representations, warranties, undertakings or conditions, including, without limitation, non-infringement, fitness for a particular purpose, title or satisfactory quality to the fullest extent permissible by law. Company does not warrant that the functions contained in the Service or any materials or content contained therein will be completely secure, readily available, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components.
These Terms and Conditions do not exclude or in any way limit Company’s liability for fraud, death or personal injury caused by its negligence or any other liability to the extent the same may be excluded or limited as a matter of law.
In no event, subject to the above, will Company be liable in connection with or under these Terms and Conditions for loss of anticipated or actual income or profits, loss of anticipated savings, loss of goodwill or reputation, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
You agree to indemnify Company, its directors, partners, officers, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law and Arbitration
The laws of England and Wales shall govern these Terms and Conditions. You hereby expressly consent to the exclusive jurisdiction of the courts located in England and Wales for all matters arising under or in connection with these Terms and Conditions or your access or use of the Service.
Materials may be made available via the Service by third parties not within Company’s control. Company is under no obligation to, and does not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Company respects the intellectual property rights of others. It is Company's policy not to permit materials known by it to infringe another party's intellectual property rights to remain on the Service.
If you believe any materials on the Service infringe third party intellectual property rights, you should provide Company with written notice that at a minimum contains:
· 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 us to locate the material;
· Information reasonably sufficient to permit us 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 that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
All take down notices should be sent to [email protected]
It is Company's policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure by Company to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions.
Company's rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.