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Terms of Use
Very Smart Design operates under the Clique Privacy Policy, Terms of Use, Terms of Sale, DMCA and Trademark Policy, and Community Guidelines. By using or interacting with any services run by Very Smart Design, the Clique Network ("CLN") or the sites within, you consent to the terms and information handling practices of the most recent Privacy Policy, Terms of Use and Terms of Sale as provided by Clique, the aforementioned owners, affiliates and associates, as well as any relevant terms and practices as provided by each person, content and service you interact with within. Last Updated March 15, 2018
Introduction
Very Smart Design, Clique, and all sites directly owned, powered or created by Clique (collectively, the “Clique Network”, "CLN", "we" or "us") value the privacy of users, subscribers, publishers, members, and others who visit and use the Clique Network (collectively or individually, “you”, "user", “users”, "member" or "members") and want you to be familiar with how we use, collect, and disclose personal information from and about you. The Privacy Policy, Terms of Use and Terms of Sale applies to your use of Very Smart Design, Clique, and any other websites, APIs, email notifications, applications, buttons, embeds, shops, ads, or other public, social or private services provided, owned, or operated by Clique (collectively, the "Services") that link to this Privacy Policy, Terms of Use and Terms of Sale. If you are using the aforementioned Services on behalf of a business or other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to the Privacy Policy, Terms of Use, Terms of Sale, DMCA and Trademark Policy, and Community Guidelines on behalf of the business or entity. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit these restrictions or you have our written official permission to do so.
Many of our Services let you create, post, upload, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with, and you also grant us a license to use that content with a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, promoting, developing, providing and improving the Services. In addition to those rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform and publicly display public content in any form and in any and all media or distribution methods (now known or later developed), as well as other sites of CLN or any internal or external digital or physical sources. To the extent it’s necessary, when you appear in, create, upload, post, or send public content within the CLN, you also grant Very Smart Design, Clique, and all sites within the CLN unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Very Smart Design, Clique, or any site within the CLN if your name, likeness, or voice is conveyed through the Services, either on the CLN or in other platforms.
Your Choices and Control
Whether checking out as a temporary shopper, signing up as a member, or interacting with any other number of Services within the Clique Network, you may always decline to share certain information with CLN, seller, or person requesting, in which case the requester may not be able to provide to you some of the features and functionality found relating to the reason they are requesting. If you have created a CLN account or any other area where you have access to Settings, you can always update Settings information and preferences to update or remove sensitive content, or disable your account by logging in and going to your personal settings page, scrolling down, and clicking "Delete Account". Each content has an option to "Report" or "Flag" content individually, and for other requests to review, update, delete, or otherwise limit use of information that you have provided in other areas of the Clique Network, you may contact us at http://verysmartdesign.com/about/contact. In your request, please include your email address, name, address, and telephone number and specify all relevant background information. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Community Guidelines
Much of the content on our Services in produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Among other things, we do not want our Services used in a negative, harmful, violent or misleading way, so you alone remain responsible for the content you create, upload, post, send, or store through the Services. You may not use the Services or content on the Services in ways that are not authorized by these Terms or Guidelines, nor may you help others in doing so. The full "Community Guidelines" which overview model and unsupported behavoir are linked as follows and are to be considered as part of these Terms of Use; please read them directly at http://verysmartdesign.com/about/community.
Privacy Policy
Information Collection and Use
As a user or member of any site within the Clique Network, you may choose to share personal information when using various Services. For example, when you create an account, you may choose to provide information about yourself, or when communicating publicly, socially, or a way that is intended to be public in nature, you may choose to publish content, creations and groups, participate in a chat room, post profile information, like and subscribe to content, or buy and sell from users, sites and affiliates which may or may not be part of the Clique Network or Services provided. Given the social nature of some of these interactions and Services, that information may be collected, used, or disclosed by others who are part of any shared interactions. In addition, some features within the Clique Network are designed to provide others with information about user activity, including the "Broadcast" and "Live" features which enable synchronized browsing, enabling you to choose to become a host or viewer to one another's browsing activities, or relevant links identifying more content created by users based on what is currently being viewed, and optionally, whether or not other users "Like", "Subscribe" or "View" content within the site. You alone control and are responsible for the sharing and any posting of content, creations, buying and selling you submit through our Services. We encourage you to be mindful of this when considering your activity on the Clique Network, and only share personally identifiable information with those you truly feel you can trust. CLN and the sites within may collect and use the information below to provide, understand and improve our Services. All information is or may be used as described in the Privacy Policy, Terms of Use and Terms of Sale.
User-provided Information
You may provide a variety of information about yourself to us, such as your name, email address, postal mailing address, telephone number, and billing information when you register for Services; upload, purchase, view, or download certain content or products from Services; enter contests or sweepstakes; or otherwise use the features and functionality of the Services. As per the nature of Clique Network and it's user creation abilities, there may also be shops, groups, and other creations that are owned and operated by other users and members, which may request your information as part of sign-ups, forms, buying and selling transactions, and many other forms of communication. Due to the high volume of user control and creation, use discretion for your interactions as well as any information requested by members and users that are not part of the Clique Network. If it does not seem necessary for the other party to know as part of your use, communication or transaction, do not provide the information. We will never ask for your Password, PIN, Social Security Number, or other highly sensitive information for any reason - Do not give this information to anyone you do not trust, or store them publicly anywhere within the Clique Network.
Information from Other Sources
If you sign up as a member within the Clique Network and choose to link other social media accounts, they may share limited information with us about you that you have entered on their websites. What they share depends on what type of account your are linking. When you access the Clique Network sites through social media networks or when you connect Services to social media networks, you are authorizing Clique to collect, store, and use such information and content in accordance with this Privacy Policy, Terms of Use and Terms of Sale. If we combine or associate information from other sources with information that we collect through our Services, we will treat the combined information in accordance with this Privacy Policy, Terms of Use and Terms of Sale.
Automatically Collected Information
When you access our Services, we may automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how we uses them, and how to remove them, you may visit http://www.whatarecookies.com. Other examples of such information we may automatically collect now or in the future include Internet Protocol address (“IP Address”), a unique user ID, device and browser types and identifiers, referring and exit page addresses, system type, and information about your usage of our Services. Examples of how we use automatically collected information include to: (1) store your Time Zone to show you correct times when viewing Timestamped content within the Clique Network; (2) remember your login information so that you will not have to re-enter it during your visit or the next time you access sites on the Clique Network; (3) provide customized content and information; (4) store and monitor aggregate site usage metrics such as usage trends, total number of visitors and pages accessed; (6) store and access on-site creations, transactions, communications and browsing flow to better improve site operation, layout, features, mechanics and Services; (7) deliver content we hope you will find relevant and interesting based on your previous on-site interactions, including locally created content such as Shops, Brands, Products, Blogs and more; (8) email members latest updates from their favorite content and active orders, to notify you of major updates to the Clique Network, for customer service purposes, or to contact you regarding any flagged, illegal or inappropriate content; (9) periodically send promotional updates, materials and notifications to users regarding their subscribed-to Creations and content. As a member, all content can be unsubscribed from to stop receiving notifications via the site settings.
Disclosure of Personal Information
Clique Network does not share information that can identify you personally with third parties for their marketing or promotional uses without your consent. We may share such information for the following purposes:
- Under rare or emergency circumstances, we may disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services, fulfill orders, or to conduct data analysis and create reports. We require that these parties process such information in compliance with this Privacy Policy, Terms of Use and Terms of Sale, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
- If necessary to assist with commission tracking, we may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Clique Network), including Amazon.com, Inc. and its subsidiaries, and partners within the Rakuten Linkshare network.
- In the case that disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required, Clique Network may be required to disclose user information.
- We also reserve the right to disclose information that we believe, in good faith, is appropriate or necessary to protect Clique Network from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Services; or protect the rights, property, or safety of CLN, our users, or others.
- While we’re not required to do so, we may review, screen, access, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates the Terms or Guidelines. Although we reserve the right to review or remove all content that appears on our Services or within the CLN, we do not necessarily review all of it. In saying that, we cannot and do not take responsibility for any content that others provide through the Services. Because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms of Use or Community Guidelines, however, by using this site, you agree to abide by them.
Children’s Privacy
Although we do take many measures to enforce organization, curation and filtering content for appropriate or related ages, CLN is largely a member-run and -based community, and therefore there is no guarantee that inappropriate content will not surface to specific audiences. If you are under 13 years of age, please do not use or access the Clique Network or Services at any time or in any manner. Protecting the privacy of young children is especially important. For that reason, CLN does not knowingly collect or maintain personal information from persons under 13 years-of-age. If CLN learns that personal information of persons under 13-years-of-age has been collected on or through the Clique Network or Services, we will take appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a member of Clique Network, it is recommended that if your child does use these Services, you supervise your child during their usage to ensure proper navigating for their age. If you have a child with an account and do not have access to that child’s account or any means of supervision, please contact us at http://verysmartdesign.com/about/contact to have that child’s account terminated and personal information deleted.
Sharing and Shopping
There are various share buttons associated with content that allow users and members to share content both internally and across other social networks. As a member, for each bit of content you create, there is the option to make your content "Not Shareable" which discourages sharing and removes many of the links, but bear in mind that users may still use other tools such as screenshot, screen capture and video sharing to share your content if it is visible to them. If you absolutely do not want content or the content within shared, mark it as private, and do not allow any admins in the Settings page. As a reminder, having a type of "Parent" content that is private does not automatically make all subsequently created or added content private; since content can be accessed individually without the "Parent" content existing, each piece of content you wish to keep private must be individually marked as private in the settings page. As a courtesy, when visiting that content full page link when logged in as the owner, you will be reminded at the top that the content is "Private". Interaction between members on CLN Services will provide information of the nature described above in “Automatically Collected Information”. You are responsible if you choose to provide that personal or sensitive information to other members or users independently, for example, through a form, when buying a product or signing up for a service.
Account Closure & Deletion
If you would like to close your account and delete your profile information, log in to verify the account is yours, go to your settings page, scroll down and select "Delete Account". This is a permanent, irreversible action, and will also result in the deletion of many other areas of content you have created or uploaded. You acknowledge that once your account is deleted, your access to edit, revise and delete your other content onsite will become unavailable. You may update or delete information tied to your account by accessing the “Settings” area of content or by submitting a Report request one the relevant content. Clique reserves the right to suspend or deactivate a User from any Clique service for any reason or no reason. Once a User has been deactivated, any such content created or accumulated by that User will be forfeited and may not be reinstated. If you close your account, Clique may retain other information about you for the activities described in this Privacy Policy, Terms of Use and Terms of Sale, or as permitted or required by applicable law.
DMCA and Trademark Policy
The "DMCA and Trademark Policy" are linked as follows and are to be considered as part of these Terms of Use, accessible directly at http://verysmartdesign.com/about/infringement.
Terms of Sale: Purchases, Payments, Refunds
Official Shops, User-run Shops, Stores and Products: You are subject to all terms and conditions of the payment method you choose, as is the seller, deliverer or third party. By submitting an order through our local Services, you authorize Clique, Very Smart Design, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available. NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment. If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the contact option made available to you in connection with the purchase, or if further assistance or support is needed, contact us at http://verysmartdesign.com/about/contact. Regarding Sellers: Clique,Very Smart Design, or other sites within the CLN may impose an additional, variable transaction fee based on transactions associated with our on-site sales of products and services, including a service fee applied to purchases from other users, members and third parties.
Paypal Transactions: All purchases made within this site via the Paypal payment option, which accepts major credit cards and debit cards as well as all Paypal account transactions, are subject to 2 flat-rate fees which will be paid by the seller: a 3% convenience fee to Paypal, and a 7% shop/advertising/convenience fee to Clique. Fee percentages may change at any time, and it is each seller’s responsibility to keep up-to-date with fees and thusly set or adjust their prices as they see fit. Along with any specific terms set forth by each seller or order form, Paypal transactions are also subject to Paypal’s Acceptable Use Policy and Refund terms, which are accessible at This Link for the Acceptable Use Policy, and This Link for Requesting Refunds.
Sellers: You represent and warrant that if you are offering something for sale on the Clique Network that:
(1) The product, service or digital content you are offering matches what the buyer will be receiving is accurately quantified, categorized and described to the best of your ability
(2) If there will be any restrictions preventing shipping or availability, or additional fees for shipping, refunds, or additional add-ons, they must be included within your Order Form and visible up-front before the Buyer selects to Submit their Order
(3) You have priced your offered product, service or digital content to include taxes if and where required by law
(4) Communicating with buyers regarding an Order outside of official on-site in-Order contact forms should be requested and approved by Clique administrative staff, and is otherwise prohibited and potentially grounds for indefinite termination, pending the sole discretion of Clique. This is to maintain a fair and accurate record of any questions, comments or negotiations regarding the orderwith your Buyer, and is for your own protection.
Buyers: You represent and warrant that if you are purchasing something on the Clique Network that:
(1) Any credit information you supply is true and complete
(2) Charges incurred by you will be honored by your credit card company
(3) You will pay the charges incurred by you at the posted prices, including any applicable taxes.
(4) It is NOT recommended to communicate with sellers outside of official on-site in-Order contact forms and directly via Email regarding an Order, as doing so prevents a consistent, logged, fair and accurate record of any questions, comments or negotiations regarding the order with your Seller. This is for your own protection in future disputes. (5) For all products, services and other transactions made through third-party shops or sellers that are not operated by Clique or CLN, you acknowledge and agree that upon making such purchases, Clique and Very Smart Design has fully satisfied it’s intent to assist you in connecting with others to negotiate price and purchase of products, services or digital content, regardless of any failure or inability to use, receive or return such products, services or digital content. Accordingly, except as detailed or otherwise specified, all transactions are to be considered as "final" and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services, or any products, services or digital content provided by third parties. "Subscription" models offered by third party shops and users are not guaranteed by Clique or Very Smart Design and may be unavailable, cancelled or terminated at any time by the buying or selling parties, and "Subscription" content may deprecate or significantly change over time. Unless otherwise specified, digital content is not returnable after purchase. Clique may immediately suspend or take down content or subscriptions that violate our terms and policies in our sole discretion, and you acknowledge and agree that the price for products, services and digital goods sold through Clique and Very Smart Design may change at any time without notice, for any reason or for no reason. If you do not agree to these Terms of Sale, do not make any purchases on Clique,Very Smart Design, or other pages or sites within the CLN.
Clique reserves the right to modify these Terms of Sale as set forth at any time.
Taxes: You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your sale or purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction should be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale; Clique and Very Smart Design reserves the right to collect such taxes or other fees from you at any time.
Advertisers and Analytics Providers
We may use third-party Web analytics services in connection with CLN, such as those of Google Analytics and its advertising features. These service providers use a variety of tracking technologies such as cookies to analyze how users use and navigate CLN and our Services. The information collected (described above in “Automatically Collected Information”) will be collected directly by these service providers to evaluate your use of CLN. For more information on how Google Analytics uses data from our websites and how you can control the information sent to Google, click here. To learn about opting out of Google Analytics, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser’s cookie file, you may need to opt out again.
As the nature of CLN is largely member-run and -based, any of those members may choose to style or pose their content as advertisement, and any member can by definition be seen as an "advertiser" depending on the type of content they provide, but this does automatically designate them as direct advertisers or partners of Clique or any other content within unless specifically noted and confirmed. In consideration for Clique,Very Smart Design, and other sites within the CLN letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising and sponsored content on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. Regarding official third-party advertising networks and third-party advertising serving companies that serve advertisements directly to you within the CLN and integrated Services, some of these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. CLN does not provide information that personally identifies you to these third-party ad servers or ad networks without your consent. However, if you respond to an advertisement that targets a certain audience (for example, females age 18 to 25 who have participated in certain Services), the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
The Privacy Policy, Terms of Use and Terms of Sale does not apply to, and we cannot control the tracking technologies and activities of, other advertisers, third-party advertising networks, or third-party advertising servers. You should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers. For more information about third-party advertising networks and similar entities that use these technologies, http://www.aboutads.info/consumers.
Third-Party Services and Websites
Some Services within the Clique Network may be run by or link to third-party websites or member-run services. The privacy practices of those third parties are not governed by this Privacy Policy, Terms of Use and Terms of Sale. We encourage you to review the privacy policies of these third-party websites and services to understand their practices, and never give out personal information you do not feel is necessary. If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Clique,Very Smart Design, and other sites within the CLN are not responsible or liable for a third party’s terms or actions taken under the third party’s terms. If you connect to a third-party service (such as Facebook, Twitter, or another third-party application) through the CLN Services or otherwise link your account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Clique Network, and other relevant usage and diagnostic information) with such third party. We may also send information about your on-site activities of the CLN services to such third parties. For example, we may make information available to shop owners and product sellers, app developers, game developers, and game publishers you interact with to facilitate purchases, proper tracking of account and databse updates.
Links to Other Websites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Data Security
Clique Network uses a variety of technical, managerial and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information, and where you provide that information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to or through Clique Network, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our technical, physical, or managerial safeguards.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes with the options and opt-out links provided above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
Merger or Sale
In the event that Clique, Clique Network, or some or all assets related to the CLN or Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event.
Information Changes and Press Releases
Clique and Very Smart Design may contain information and/or press releases relevant to our operations. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Clique or Very Smart Design . This includes any uploaded visual, audio or visual content, as well as artwork, avatars, or comments that may be posted to the site.
Changes and Updates to the Privacy Policy, Terms of Use and Terms of Sale
Clique reserves the right to change, modify, add, or remove portions of the Privacy Policy, Terms of Use and Terms of Sale at any time (for example to reflect updates to Clique, CLN or Services, or to reflect changes in the law). If this Privacy Policy, Terms of Use or Terms of Sale are changed, we will provide you notice of these changes, such as by sending an email, posting a notice on the main blog or Services, or updating the “Last Updated” date above. Please check this page periodically for those changes. Your continued use of Clique, CLN and Services after the posting of changes constitutes your binding acceptance of such changes.
Contact Us
Please contact us with any questions or comments about the Privacy Policy, Terms of Use and Terms of Sale at http://verysmartdesign.com/about/contact. We will respond to your inquiry within 30 days of its receipt.
California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Clique and official sites of CLN do not currently disclose personal information to third parties for their direct marketing purposes.
Disclaimers
Clique,Very Smart Design, and any ancillary products and services or any other products, services or digital content made available thereon are provided “as is” without warranties of any kind, express or implied. Clique and its official affiliates, partners, licensors and suppliers disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Clique, and Very Smart Design cannot guarantee and does not warrant any specific results from use of ancillary products and services or any other products or services. Clique and Very Smart Design does not represent or warrant that any ancillary products and services or other products, services or digital content or any part thereof, are accurate, complete, reliable, current or error-free or that any aspect of the Services thereon, including, without limitation, the ancillary products and services or any other products, services or digital content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Clique or Very Smart Design. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permitted by applicable law, in no event will Clique,Very Smart Design, or its directors, employees or agents be liable to you or any third person or third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any ancillary products and services or any other products, services or digital content, even if Clique or Very Smart Design is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you directly to Clique or any site directly owned and operated within Clique or the CLN for the ancillary product, service or digital content from which the claim arose, but in no case will the liability to you exceed $100 USD or the amount you paid us, if any, in the last 12 months. You acknowledge that if no amount is paid to Clique or Very Smart Design for the ancillary product, service or digital content, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Clique or Very Smart Design , regardless of the cause of action.
Governing Law; Venue and Jurisdiction
Read the following paragraph carefully because it requires you to arbitrate disputes with Clique and Very Smart Design and limits the manner in which you can seek relief from Clique and Very Smart Design. You and Clique and Very Smart Design agree to arbitrate any dispute arising from the Terms of Service, Terms of Sale or Privacy Policy or your use of our Services, except that you and Clique and Very Smart Design are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you from suing in court or from having a jury trial. You and Clique and Very Smart Design agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Clique and Very Smart Design shall be sent via contact form by clicking here. You and Clique and Very Smart Design further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Contra Costa County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Contra Costa County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Clique and Very Smart Design will not commence against the other a class-action lawsuit, class-wide arbitration or other representative action or proceeding.
Securities Laws
Clique and Very Smart Design may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on Clique and Very Smart Design , words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Clique and Very Smart Design and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporate into any of our securities-related filings or documents.
Indemnity
You will indemnify, defend and hold harmless Clique,Very Smart Design, , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney’s fees, arising out of or in connection with access to or use of our Services, purchase or use of any products, services or digital content, your content, or any breach or violation of this Agreement or of any law or rights of any third party.
Conclusion
These Terms of Sale, along with the Privacy Policy and Terms of Service, constitute the entire agreement between you and Clique and Very Smart Design regarding sign-up to membership, creations, interactions, submissions, sales and purchases you make on our Services, superseding any prior agreements between you and Clique or CLN relating to such actions. The failure of Clique or Very Smart Design to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms or Guidelines is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service, Terms of Sale, Community Guidelines or Privacy Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, Terms of Sale, Community Guidelines and Privacy Policy and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Service, Terms of Sale or Privacy Policy, the most recently revised content or portion in conflict shall be controlling.
Introduction
Very Smart Design, Clique, and all sites directly owned, powered or created by Clique (collectively, the “Clique Network”, "CLN", "we" or "us") value the privacy of users, subscribers, publishers, members, and others who visit and use the Clique Network (collectively or individually, “you”, "user", “users”, "member" or "members") and want you to be familiar with how we use, collect, and disclose personal information from and about you. The Privacy Policy, Terms of Use and Terms of Sale applies to your use of Very Smart Design, Clique, and any other websites, APIs, email notifications, applications, buttons, embeds, shops, ads, or other public, social or private services provided, owned, or operated by Clique (collectively, the "Services") that link to this Privacy Policy, Terms of Use and Terms of Sale. If you are using the aforementioned Services on behalf of a business or other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to the Privacy Policy, Terms of Use, Terms of Sale, DMCA and Trademark Policy, and Community Guidelines on behalf of the business or entity. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit these restrictions or you have our written official permission to do so.
Many of our Services let you create, post, upload, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with, and you also grant us a license to use that content with a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, promoting, developing, providing and improving the Services. In addition to those rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform and publicly display public content in any form and in any and all media or distribution methods (now known or later developed), as well as other sites of CLN or any internal or external digital or physical sources. To the extent it’s necessary, when you appear in, create, upload, post, or send public content within the CLN, you also grant Very Smart Design, Clique, and all sites within the CLN unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Very Smart Design, Clique, or any site within the CLN if your name, likeness, or voice is conveyed through the Services, either on the CLN or in other platforms.
Your Choices and Control
Whether checking out as a temporary shopper, signing up as a member, or interacting with any other number of Services within the Clique Network, you may always decline to share certain information with CLN, seller, or person requesting, in which case the requester may not be able to provide to you some of the features and functionality found relating to the reason they are requesting. If you have created a CLN account or any other area where you have access to Settings, you can always update Settings information and preferences to update or remove sensitive content, or disable your account by logging in and going to your personal settings page, scrolling down, and clicking "Delete Account". Each content has an option to "Report" or "Flag" content individually, and for other requests to review, update, delete, or otherwise limit use of information that you have provided in other areas of the Clique Network, you may contact us at http://verysmartdesign.com/about/contact. In your request, please include your email address, name, address, and telephone number and specify all relevant background information. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Community Guidelines
Much of the content on our Services in produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Among other things, we do not want our Services used in a negative, harmful, violent or misleading way, so you alone remain responsible for the content you create, upload, post, send, or store through the Services. You may not use the Services or content on the Services in ways that are not authorized by these Terms or Guidelines, nor may you help others in doing so. The full "Community Guidelines" which overview model and unsupported behavoir are linked as follows and are to be considered as part of these Terms of Use; please read them directly at http://verysmartdesign.com/about/community.
Privacy Policy
Information Collection and Use
As a user or member of any site within the Clique Network, you may choose to share personal information when using various Services. For example, when you create an account, you may choose to provide information about yourself, or when communicating publicly, socially, or a way that is intended to be public in nature, you may choose to publish content, creations and groups, participate in a chat room, post profile information, like and subscribe to content, or buy and sell from users, sites and affiliates which may or may not be part of the Clique Network or Services provided. Given the social nature of some of these interactions and Services, that information may be collected, used, or disclosed by others who are part of any shared interactions. In addition, some features within the Clique Network are designed to provide others with information about user activity, including the "Broadcast" and "Live" features which enable synchronized browsing, enabling you to choose to become a host or viewer to one another's browsing activities, or relevant links identifying more content created by users based on what is currently being viewed, and optionally, whether or not other users "Like", "Subscribe" or "View" content within the site. You alone control and are responsible for the sharing and any posting of content, creations, buying and selling you submit through our Services. We encourage you to be mindful of this when considering your activity on the Clique Network, and only share personally identifiable information with those you truly feel you can trust. CLN and the sites within may collect and use the information below to provide, understand and improve our Services. All information is or may be used as described in the Privacy Policy, Terms of Use and Terms of Sale.
User-provided Information
You may provide a variety of information about yourself to us, such as your name, email address, postal mailing address, telephone number, and billing information when you register for Services; upload, purchase, view, or download certain content or products from Services; enter contests or sweepstakes; or otherwise use the features and functionality of the Services. As per the nature of Clique Network and it's user creation abilities, there may also be shops, groups, and other creations that are owned and operated by other users and members, which may request your information as part of sign-ups, forms, buying and selling transactions, and many other forms of communication. Due to the high volume of user control and creation, use discretion for your interactions as well as any information requested by members and users that are not part of the Clique Network. If it does not seem necessary for the other party to know as part of your use, communication or transaction, do not provide the information. We will never ask for your Password, PIN, Social Security Number, or other highly sensitive information for any reason - Do not give this information to anyone you do not trust, or store them publicly anywhere within the Clique Network.
Information from Other Sources
If you sign up as a member within the Clique Network and choose to link other social media accounts, they may share limited information with us about you that you have entered on their websites. What they share depends on what type of account your are linking. When you access the Clique Network sites through social media networks or when you connect Services to social media networks, you are authorizing Clique to collect, store, and use such information and content in accordance with this Privacy Policy, Terms of Use and Terms of Sale. If we combine or associate information from other sources with information that we collect through our Services, we will treat the combined information in accordance with this Privacy Policy, Terms of Use and Terms of Sale.
Automatically Collected Information
When you access our Services, we may automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how we uses them, and how to remove them, you may visit http://www.whatarecookies.com. Other examples of such information we may automatically collect now or in the future include Internet Protocol address (“IP Address”), a unique user ID, device and browser types and identifiers, referring and exit page addresses, system type, and information about your usage of our Services. Examples of how we use automatically collected information include to: (1) store your Time Zone to show you correct times when viewing Timestamped content within the Clique Network; (2) remember your login information so that you will not have to re-enter it during your visit or the next time you access sites on the Clique Network; (3) provide customized content and information; (4) store and monitor aggregate site usage metrics such as usage trends, total number of visitors and pages accessed; (6) store and access on-site creations, transactions, communications and browsing flow to better improve site operation, layout, features, mechanics and Services; (7) deliver content we hope you will find relevant and interesting based on your previous on-site interactions, including locally created content such as Shops, Brands, Products, Blogs and more; (8) email members latest updates from their favorite content and active orders, to notify you of major updates to the Clique Network, for customer service purposes, or to contact you regarding any flagged, illegal or inappropriate content; (9) periodically send promotional updates, materials and notifications to users regarding their subscribed-to Creations and content. As a member, all content can be unsubscribed from to stop receiving notifications via the site settings.
Disclosure of Personal Information
Clique Network does not share information that can identify you personally with third parties for their marketing or promotional uses without your consent. We may share such information for the following purposes:
- Under rare or emergency circumstances, we may disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services, fulfill orders, or to conduct data analysis and create reports. We require that these parties process such information in compliance with this Privacy Policy, Terms of Use and Terms of Sale, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
- If necessary to assist with commission tracking, we may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Clique Network), including Amazon.com, Inc. and its subsidiaries, and partners within the Rakuten Linkshare network.
- In the case that disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required, Clique Network may be required to disclose user information.
- We also reserve the right to disclose information that we believe, in good faith, is appropriate or necessary to protect Clique Network from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Services; or protect the rights, property, or safety of CLN, our users, or others.
- While we’re not required to do so, we may review, screen, access, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates the Terms or Guidelines. Although we reserve the right to review or remove all content that appears on our Services or within the CLN, we do not necessarily review all of it. In saying that, we cannot and do not take responsibility for any content that others provide through the Services. Because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms of Use or Community Guidelines, however, by using this site, you agree to abide by them.
Children’s Privacy
Although we do take many measures to enforce organization, curation and filtering content for appropriate or related ages, CLN is largely a member-run and -based community, and therefore there is no guarantee that inappropriate content will not surface to specific audiences. If you are under 13 years of age, please do not use or access the Clique Network or Services at any time or in any manner. Protecting the privacy of young children is especially important. For that reason, CLN does not knowingly collect or maintain personal information from persons under 13 years-of-age. If CLN learns that personal information of persons under 13-years-of-age has been collected on or through the Clique Network or Services, we will take appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a member of Clique Network, it is recommended that if your child does use these Services, you supervise your child during their usage to ensure proper navigating for their age. If you have a child with an account and do not have access to that child’s account or any means of supervision, please contact us at http://verysmartdesign.com/about/contact to have that child’s account terminated and personal information deleted.
Sharing and Shopping
There are various share buttons associated with content that allow users and members to share content both internally and across other social networks. As a member, for each bit of content you create, there is the option to make your content "Not Shareable" which discourages sharing and removes many of the links, but bear in mind that users may still use other tools such as screenshot, screen capture and video sharing to share your content if it is visible to them. If you absolutely do not want content or the content within shared, mark it as private, and do not allow any admins in the Settings page. As a reminder, having a type of "Parent" content that is private does not automatically make all subsequently created or added content private; since content can be accessed individually without the "Parent" content existing, each piece of content you wish to keep private must be individually marked as private in the settings page. As a courtesy, when visiting that content full page link when logged in as the owner, you will be reminded at the top that the content is "Private". Interaction between members on CLN Services will provide information of the nature described above in “Automatically Collected Information”. You are responsible if you choose to provide that personal or sensitive information to other members or users independently, for example, through a form, when buying a product or signing up for a service.
Account Closure & Deletion
If you would like to close your account and delete your profile information, log in to verify the account is yours, go to your settings page, scroll down and select "Delete Account". This is a permanent, irreversible action, and will also result in the deletion of many other areas of content you have created or uploaded. You acknowledge that once your account is deleted, your access to edit, revise and delete your other content onsite will become unavailable. You may update or delete information tied to your account by accessing the “Settings” area of content or by submitting a Report request one the relevant content. Clique reserves the right to suspend or deactivate a User from any Clique service for any reason or no reason. Once a User has been deactivated, any such content created or accumulated by that User will be forfeited and may not be reinstated. If you close your account, Clique may retain other information about you for the activities described in this Privacy Policy, Terms of Use and Terms of Sale, or as permitted or required by applicable law.
DMCA and Trademark Policy
The "DMCA and Trademark Policy" are linked as follows and are to be considered as part of these Terms of Use, accessible directly at http://verysmartdesign.com/about/infringement.
Terms of Sale: Purchases, Payments, Refunds
Official Shops, User-run Shops, Stores and Products: You are subject to all terms and conditions of the payment method you choose, as is the seller, deliverer or third party. By submitting an order through our local Services, you authorize Clique, Very Smart Design, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available. NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment. If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the contact option made available to you in connection with the purchase, or if further assistance or support is needed, contact us at http://verysmartdesign.com/about/contact. Regarding Sellers: Clique,Very Smart Design, or other sites within the CLN may impose an additional, variable transaction fee based on transactions associated with our on-site sales of products and services, including a service fee applied to purchases from other users, members and third parties.
Paypal Transactions: All purchases made within this site via the Paypal payment option, which accepts major credit cards and debit cards as well as all Paypal account transactions, are subject to 2 flat-rate fees which will be paid by the seller: a 3% convenience fee to Paypal, and a 7% shop/advertising/convenience fee to Clique. Fee percentages may change at any time, and it is each seller’s responsibility to keep up-to-date with fees and thusly set or adjust their prices as they see fit. Along with any specific terms set forth by each seller or order form, Paypal transactions are also subject to Paypal’s Acceptable Use Policy and Refund terms, which are accessible at This Link for the Acceptable Use Policy, and This Link for Requesting Refunds.
Sellers: You represent and warrant that if you are offering something for sale on the Clique Network that:
(1) The product, service or digital content you are offering matches what the buyer will be receiving is accurately quantified, categorized and described to the best of your ability
(2) If there will be any restrictions preventing shipping or availability, or additional fees for shipping, refunds, or additional add-ons, they must be included within your Order Form and visible up-front before the Buyer selects to Submit their Order
(3) You have priced your offered product, service or digital content to include taxes if and where required by law
(4) Communicating with buyers regarding an Order outside of official on-site in-Order contact forms should be requested and approved by Clique administrative staff, and is otherwise prohibited and potentially grounds for indefinite termination, pending the sole discretion of Clique. This is to maintain a fair and accurate record of any questions, comments or negotiations regarding the orderwith your Buyer, and is for your own protection.
Buyers: You represent and warrant that if you are purchasing something on the Clique Network that:
(1) Any credit information you supply is true and complete
(2) Charges incurred by you will be honored by your credit card company
(3) You will pay the charges incurred by you at the posted prices, including any applicable taxes.
(4) It is NOT recommended to communicate with sellers outside of official on-site in-Order contact forms and directly via Email regarding an Order, as doing so prevents a consistent, logged, fair and accurate record of any questions, comments or negotiations regarding the order with your Seller. This is for your own protection in future disputes. (5) For all products, services and other transactions made through third-party shops or sellers that are not operated by Clique or CLN, you acknowledge and agree that upon making such purchases, Clique and Very Smart Design has fully satisfied it’s intent to assist you in connecting with others to negotiate price and purchase of products, services or digital content, regardless of any failure or inability to use, receive or return such products, services or digital content. Accordingly, except as detailed or otherwise specified, all transactions are to be considered as "final" and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services, or any products, services or digital content provided by third parties. "Subscription" models offered by third party shops and users are not guaranteed by Clique or Very Smart Design and may be unavailable, cancelled or terminated at any time by the buying or selling parties, and "Subscription" content may deprecate or significantly change over time. Unless otherwise specified, digital content is not returnable after purchase. Clique may immediately suspend or take down content or subscriptions that violate our terms and policies in our sole discretion, and you acknowledge and agree that the price for products, services and digital goods sold through Clique and Very Smart Design may change at any time without notice, for any reason or for no reason. If you do not agree to these Terms of Sale, do not make any purchases on Clique,Very Smart Design, or other pages or sites within the CLN.
Clique reserves the right to modify these Terms of Sale as set forth at any time.
Taxes: You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your sale or purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction should be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale; Clique and Very Smart Design reserves the right to collect such taxes or other fees from you at any time.
Advertisers and Analytics Providers
We may use third-party Web analytics services in connection with CLN, such as those of Google Analytics and its advertising features. These service providers use a variety of tracking technologies such as cookies to analyze how users use and navigate CLN and our Services. The information collected (described above in “Automatically Collected Information”) will be collected directly by these service providers to evaluate your use of CLN. For more information on how Google Analytics uses data from our websites and how you can control the information sent to Google, click here. To learn about opting out of Google Analytics, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser’s cookie file, you may need to opt out again.
As the nature of CLN is largely member-run and -based, any of those members may choose to style or pose their content as advertisement, and any member can by definition be seen as an "advertiser" depending on the type of content they provide, but this does automatically designate them as direct advertisers or partners of Clique or any other content within unless specifically noted and confirmed. In consideration for Clique,Very Smart Design, and other sites within the CLN letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising and sponsored content on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. Regarding official third-party advertising networks and third-party advertising serving companies that serve advertisements directly to you within the CLN and integrated Services, some of these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. CLN does not provide information that personally identifies you to these third-party ad servers or ad networks without your consent. However, if you respond to an advertisement that targets a certain audience (for example, females age 18 to 25 who have participated in certain Services), the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
The Privacy Policy, Terms of Use and Terms of Sale does not apply to, and we cannot control the tracking technologies and activities of, other advertisers, third-party advertising networks, or third-party advertising servers. You should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers. For more information about third-party advertising networks and similar entities that use these technologies, http://www.aboutads.info/consumers.
Third-Party Services and Websites
Some Services within the Clique Network may be run by or link to third-party websites or member-run services. The privacy practices of those third parties are not governed by this Privacy Policy, Terms of Use and Terms of Sale. We encourage you to review the privacy policies of these third-party websites and services to understand their practices, and never give out personal information you do not feel is necessary. If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Clique,Very Smart Design, and other sites within the CLN are not responsible or liable for a third party’s terms or actions taken under the third party’s terms. If you connect to a third-party service (such as Facebook, Twitter, or another third-party application) through the CLN Services or otherwise link your account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Clique Network, and other relevant usage and diagnostic information) with such third party. We may also send information about your on-site activities of the CLN services to such third parties. For example, we may make information available to shop owners and product sellers, app developers, game developers, and game publishers you interact with to facilitate purchases, proper tracking of account and databse updates.
Links to Other Websites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Data Security
Clique Network uses a variety of technical, managerial and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information, and where you provide that information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to or through Clique Network, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our technical, physical, or managerial safeguards.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes with the options and opt-out links provided above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
Merger or Sale
In the event that Clique, Clique Network, or some or all assets related to the CLN or Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event.
Information Changes and Press Releases
Clique and Very Smart Design may contain information and/or press releases relevant to our operations. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Clique or Very Smart Design . This includes any uploaded visual, audio or visual content, as well as artwork, avatars, or comments that may be posted to the site.
Changes and Updates to the Privacy Policy, Terms of Use and Terms of Sale
Clique reserves the right to change, modify, add, or remove portions of the Privacy Policy, Terms of Use and Terms of Sale at any time (for example to reflect updates to Clique, CLN or Services, or to reflect changes in the law). If this Privacy Policy, Terms of Use or Terms of Sale are changed, we will provide you notice of these changes, such as by sending an email, posting a notice on the main blog or Services, or updating the “Last Updated” date above. Please check this page periodically for those changes. Your continued use of Clique, CLN and Services after the posting of changes constitutes your binding acceptance of such changes.
Contact Us
Please contact us with any questions or comments about the Privacy Policy, Terms of Use and Terms of Sale at http://verysmartdesign.com/about/contact. We will respond to your inquiry within 30 days of its receipt.
California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Clique and official sites of CLN do not currently disclose personal information to third parties for their direct marketing purposes.
Disclaimers
Clique,Very Smart Design, and any ancillary products and services or any other products, services or digital content made available thereon are provided “as is” without warranties of any kind, express or implied. Clique and its official affiliates, partners, licensors and suppliers disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Clique, and Very Smart Design cannot guarantee and does not warrant any specific results from use of ancillary products and services or any other products or services. Clique and Very Smart Design does not represent or warrant that any ancillary products and services or other products, services or digital content or any part thereof, are accurate, complete, reliable, current or error-free or that any aspect of the Services thereon, including, without limitation, the ancillary products and services or any other products, services or digital content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Clique or Very Smart Design. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permitted by applicable law, in no event will Clique,Very Smart Design, or its directors, employees or agents be liable to you or any third person or third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any ancillary products and services or any other products, services or digital content, even if Clique or Very Smart Design is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you directly to Clique or any site directly owned and operated within Clique or the CLN for the ancillary product, service or digital content from which the claim arose, but in no case will the liability to you exceed $100 USD or the amount you paid us, if any, in the last 12 months. You acknowledge that if no amount is paid to Clique or Very Smart Design for the ancillary product, service or digital content, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Clique or Very Smart Design , regardless of the cause of action.
Governing Law; Venue and Jurisdiction
Read the following paragraph carefully because it requires you to arbitrate disputes with Clique and Very Smart Design and limits the manner in which you can seek relief from Clique and Very Smart Design. You and Clique and Very Smart Design agree to arbitrate any dispute arising from the Terms of Service, Terms of Sale or Privacy Policy or your use of our Services, except that you and Clique and Very Smart Design are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you from suing in court or from having a jury trial. You and Clique and Very Smart Design agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Clique and Very Smart Design shall be sent via contact form by clicking here. You and Clique and Very Smart Design further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Contra Costa County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Contra Costa County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Clique and Very Smart Design will not commence against the other a class-action lawsuit, class-wide arbitration or other representative action or proceeding.
Securities Laws
Clique and Very Smart Design may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on Clique and Very Smart Design , words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Clique and Very Smart Design and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporate into any of our securities-related filings or documents.
Indemnity
You will indemnify, defend and hold harmless Clique,Very Smart Design, , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney’s fees, arising out of or in connection with access to or use of our Services, purchase or use of any products, services or digital content, your content, or any breach or violation of this Agreement or of any law or rights of any third party.
Conclusion
These Terms of Sale, along with the Privacy Policy and Terms of Service, constitute the entire agreement between you and Clique and Very Smart Design regarding sign-up to membership, creations, interactions, submissions, sales and purchases you make on our Services, superseding any prior agreements between you and Clique or CLN relating to such actions. The failure of Clique or Very Smart Design to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms or Guidelines is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service, Terms of Sale, Community Guidelines or Privacy Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, Terms of Sale, Community Guidelines and Privacy Policy and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Service, Terms of Sale or Privacy Policy, the most recently revised content or portion in conflict shall be controlling.
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