Last Modified: October 16, 2018
These terms and conditions (these “Terms”), are entered into by and between you (“you,” “user,” “administrator,” “employee” or “company,” as applicable) and Clask, LLC. (“Clask,” “we” or “us”). These Terms, together with any documents expressly incorporated herein by reference, govern your access to and use of this website (the “Website”), including, without limitation, any content, functionality and services offered on or through this Website (together with the Website, the “Services”), whether as a guest or a registered user.
The Services are offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Clask and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or use this Website or any of the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are legally binding on you.
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services to users, including registered users.
You are responsible for: (i) Making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, then you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Without limiting the foregoing, you understand, acknowledge and agree that we may terminate your involvement in any project, whether as a composer or project member, as applicable, at any time and in our sole discretion in the event that you, in our opinion, have violated any provision of these Terms.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. These Terms survive the termination of an account, including our rights regarding any content that you have submitted through the Services. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the marketplace.) You can contact us at email@example.com for additional information or to request project page deletion (this is not available in all circumstances).
Except as expressly provided herein, the Services, including, without limitation, the Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Clask, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services, except as follows: (i) your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution; (iv) If we provide desktop, mobile or other applications for download, then you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications; and (v) if we provide social media features with certain content, then you may take such actions as are enabled by such features. You must not: (i) Modify copies of any materials from the Services; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; (iv) except as expressly allowed herein, access or use for any commercial purposes any part of the Services.
If you wish to make any use of the Services other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, then your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the Services that you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Clask. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Clask’s name, logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of Clask or its affiliates or licensors. You must not use such marks without the prior written permission of Clask. All other names, logos, product and service names, designs and slogans in the Services are the trademarks of their respective owners.
You retain ownership of your User Content (as defined below) that you submit to the Services. You agree that:
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin board, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services. All User Content must comply with the Content Standards set out in these Terms.
Any User Content that you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for purposes of providing the Services.
You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted herein; (ii) all of your User Content do and will comply with these Terms; (iii) you understand, acknowledge and agree that you are responsible for any User Content you submit or contribute, and you, not Clask, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and (iv) we are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services.
We have the right to: (ii) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Clask; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (v) terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS Clask AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations.
If you believe that any User Content violates your copyright, then please see our Copyright Policy for instructions on sending to us a notice of copyright infringement. It is the policy of Clask to terminate the user accounts of repeat infringers.
The information presented on or through Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Clask, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Clask. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms; (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (v) to impersonate or attempt to impersonate Clask, a Clask employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Clask or users of the Services or expose them to liability.
Additionally, you agree not to: (a) use the Services in any manner that could disable, overburden, damage, or impair the Services or the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; (b) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (c) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Services; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; (g) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Services.
We may update, modify or change the Services from time to time in our sole discretion. Any of the Service materials may be out of date at any given time, and we are under no obligation to update such materials.
Additional terms and conditions may apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain Service content; (b) send e-mails or other communications with certain content, or links to certain content, on or through the Services; and (c) cause limited portions of Service content to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Services other than the homepage, or such other pages as expressly allowed by Clask from time to time through the Services; or (iv) otherwise take any action with respect to the Service materials that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Clask provides the Services for use only by persons located in the United States. We make no claims that the Services or any of the Service content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, then you do so on your own initiative and are responsible for compliance with local laws.
You understand, acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE: (i) YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK; (ii) THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; (iii) NEITHER Clask NOR ANY PERSON ASSOCIATED WITH Clask MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES; AND (iv) WITHOUT LIMITING THE FOREGOING, NEITHER Clask NOR ANYONE ASSOCIATED WITH Clask REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Clask HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, IN NO EVENT SHALL Clask, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, Clask’S AGGREGATE LIABILITY UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE SERVICES, SHALL BE LIMITED TO $1.00. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Clask, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the content, services and products obtained through the Services other than as expressly authorized in these Terms or your use of any information obtained from the Services.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Eugene and Lane County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Clask’s sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance or termination of these Terms, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oregon law.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
a. Waiver and Severability. No waiver by Clask of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clask to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Services are operated by Clask, LLC. located at 1056 Green Acres Road, #102-302, Eugene Oregon, 97408.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.