Terms and Conditions

Updated on 12/04/2022

Updated on 3/06/2023

1. Terms & Conditions: Binding Agreement

THESE TERMS AND CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME AS PROVIDED HEREIN (the “Terms”) ARE A BINDING AGREEMENT (the “Agreement”) BETWEEN CLIQREX INC., A DELAWARE CORPORATION (“CliqRex” or “we”), THE OWNER OF THE APP AND WEBSITE CLIQREX.COM TO WHICH THESE TERMS APPLY (the “App”), AND YOU (“you”). By downloading or using the App, or accessing CliqRex.com these Terms automatically apply to you – and you should therefore make sure that you read them carefully before using the App. If you are under age 18, you may only use the App with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these terms with you.

CliqRex may make changes to the Terms from time to time in its sole discretion, by updating this posting on the App, and specifying the effective date of the new version of the revised Terms, or by electronically sending you a copy of the revised Terms. Your continued use of the App following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the App you should check to see if a new version of the Terms have been posted.

2. Use of App

The App is to be used for general research, informational, and entertainment purposes only. The information on the App represents the opinions and perspectives of a variety of contributors and users (“Users”) of the App, and you should assume that CliqRex has not independently verified the accuracy, thoroughness, or relevance of the content available on the App. All of the content and information appearing on the App is subject to the disclaimers set forth below.

3. Limits On Use

You are not allowed to in any way copy or modify the App, any part of the App, or any information or contents (including the CliqRex trademarks and logos, and any copyright notices) on the App except as specifically permitted in writing on the App. . You are not allowed to attempt to extract the source code of the App, and you also should not attempt to translate the App into other languages or to make derivative versions thereof of, or of any content on, the App. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, shall, as between you and CliqRex, at all times belong to CliqRex, and you will not take any actions in derogation thereof. All third party copyrights, trademarks, logos and brand names referred to in the App, are the property of their respective owners, and you will not take any actions in derogation thereof.

4. Right to Revise App and Charge for Use of App or Other Services

CliqRex reserves the right to make changes to the App or to charge for the use of the App or its services, at any time and for any reason. However CliqRex will not charge you for the App or other of its services without prior notice being given to you (which may include providing such notice on the App, or electronically sending you written notice thereof).

5. Your Responsibilities

The App stores and processes personal data that you or others have provided to us. It is your responsibility to keep your phone, tablet, or computer and access to the App secure, and CliqRex, therefore, recommends that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. Doing so could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the App will not work properly or at all.

The App may use third-party services and may enable you to link to third-party sites, and you will be responsible for and shall read all terms of use and other like terms applicable to such third-party services and third-party sites, and you agree to abide by all such terms.

Among the links to such third-party service providers are:

You should be aware that there are certain functions and processes that CliqRex will not be responsible for. For instance, certain functions of the App will require the App to have an active internet connection, which you must obtain and pay for. The connection can be Wi-Fi or provided by your mobile network provider, but CliqRex takes no responsibility for the App not working at full functionality if you do not have access to Wi-Fi, or you have insufficient data allowance available to you.

If you use the App outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider may still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or you may incur other third-party charges. In using the App, you accept responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming, and CliqRex will have no liability for any such charges. If you are not the bill payer for the device on which you are using the App, please be aware that CliqRex assumes that you have received permission from the bill payer to use the App.

Along the same lines, CliqRex. cannot and does not take responsibility for the manner in which you use the App (and all such use must be in accordance with the Terms).

CliqRex accepts no liability for any loss, direct or indirect, and you hereby release CliqRex, for any losses you incur, as a result of your use of the App.

6. Updates to the App

CliqRex has the right, from time to time, and without notice, to update the App, and you agree to always accept updates to the App offered to you (and CliqRex will have no liability to you whatsoever for damages you may incur from use of the App after failing to download any such updates). The App is currently available on Android & iOS – , and the requirements for either or both of those systems (and for any additional systems on which the App may hereafter be available) may change, and it will be your responsibility to be aware of any such changes and to download any necessary updates provided by third parties in connection with such systems if you want to keep using the App. CliqRex. does not promise that it will always update the App so that it works with the Android or iOS version that you have installed on your device. CliqRex reserves the right to cease providing the App, either temporarily or permanently, and CliqRex may terminate its use of it at any time without giving notice of termination to you (and, in any event, CliqRex may immediately end your use of the App should you breach any of the Terms). Unless CliqRex tells you otherwise, upon any termination of your access to the App (a) the rights and licenses granted to you in these Terms will immediately end, and (b) you must stop using the App, and (if needed or instructed by CliqRex to do so) delete it from your device.

7. User Generated Content; Representations and Warranties

You will be able to interact with the App (and may be able to interact with other Users) including by posting comments, content, and information, or engaging in discussions (all “User Generated Content”). By submitting or posting any User-Generated Content you represent and warrant to and agree with CliqRex that (i) such User-Generated Content does not contain any confidential or proprietary information of any other party, you have all necessary rights to submit the User-Generated Content, and the posting and use thereof by CliqRex as permitted herein does not and will not infringe or violate any third party rights of any kind and will not subject CliqRex to any suits, actions, investigations, claims or proceedings, (ii) if CliqRex so chooses, it may use, revise and disclose your User Generated Content in any way, (iii) CliqRex has no obligation to pay or reimburse you for the User Generated Content or any use of the same permitted herein, and (iv) CliqRex may delete any User Generated Content from the App at any time.

In addition to the foregoing, by using the App you agree that you will not post, submit or distribute any User Generated Content or other content that:

a. is defamatory, abusive, threatening, or disruptive, or could be deemed an invasion of a right of privacy of another person;

b. is bigoted, hateful, or otherwise offensive;

c. is violent, vulgar, obscene, pornographic, or otherwise sexually explicit;

d. can reasonably be expected to harm any person or entity;

e. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or

f. interferes with any person or entity’s use or enjoyment of the App.

CliqRex cannot and does not assure that other Users of the App will comply with the Terms, and, as between you and CliqRex by using the App you assume all risk of harm or injury resulting from any such lack of compliance.

8. Ownership of Rights For User Generated Content; License Rights

You hereby grant CliqRex a royalty-free, perpetual, freely transferable, freely sublicensable (through unlimited levels of sublicense), irrevocable, non-exclusive license, throughout the universe, to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed (and CliqRex may license others, for payment or without payment, to do the same). You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint CliqRex as your agent with full power to enter into and execute any document and/or do any act it may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that if you post your user name or actual name with your User Generated Content, or if you otherwise give CliqRex the right to do so, then CliqRex may display the same on the App, or delete the same if it wishes.

You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to CliqRex.

9. Prohibited Conduct

You agree not to do, or attempt to do, any of the following, subject to applicable law:

a. access or use the App in any way that violates or is not in full compliance with any applicable local, state, national, or international law, regulation, or statute (including export laws), or for any purpose that is harmful or intended to or which does cause damages;

b. access, tamper with, or use services or areas of the App that you are not authorized to access;

c. alter information on or obtained from the App;

d. use any robot, spider, scraper or other automated means or interface not provided by CliqRex to access the App or extract data or gather or use information, such as email addresses, available from the App or to transmit any unsolicited advertising;

e. reverse engineer any aspect of the App or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the App;

f. send to or otherwise impact the App with harmful, illegal, deceptive or disruptive code such as a virus, “spyware” or other code; or

g. take any action which might negatively impact the App or its infrastructure or otherwise interfere with the ordinary operation of the App.

10. Ownership of App

The App is owned by CliqRex, and all rights, title, and interest in any content made available by it (other than User Generated Content), the App’s look and feel, the designs, trademarks, service marks, and trade names displayed on the App are the property of CliqRex or its licensors and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly stated in these Terms you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the App without prior written consent from CliqRex.

11. Privacy Policy

Please see the CliqRex Privacy Policy, the terms of which are incorporated by reference into these Terms.

12. Dealings with Third Parties

You may be able to link to third-party sites via the App, or review content provided by third parties via the App. Your dealings with advertisers or other third parties found on or accessible through the App are solely between you and the third party. These dealings may include but are not limited to, your participation in promotions, the payment for and delivery of items or services, and any terms, conditions, warranties, or representations associated with such dealings. Links to third parties via the App are provided solely as a convenience to Users and should not be construed as an endorsement by CliqRex of any content, items, or services provided by such third parties. Your access and use of such sites, including the content, items, or services on those sites, is solely at your own risk, and you herby release CliqRex for any claims in connection in addition to that. CliqRex does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that CliqRex will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the App. Once you choose to link to another site, you should read and understand that site’s terms of use and its privacy statement before disclosing any personal information.

13. Indemnification

You agree to promptly indemnify and hold harmless CliqRex and its officers, directors, shareholders employees, contractors, agents, and affiliates from and against any and all liability, damages, losses, claims, and expenses of any kind (including, without limitation, reasonable attorneys’ fees) which any of them may incur which are directly or indirectly related to or arise from (1) your breach of the Terms, (2) your use of the App, or (3) the User Generated Content you submit, post, or transmit through the App.

14. Exclusion of Damages; Limitation of Liability

IN NO EVENT WILL CLIQREX OR ITS OFFICERS, DIRECTORS, OR SHAREHOLDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE APP, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, OR (5) ANY OTHER MATTER RELATING TO THE APP (INCLUDING THE CONTENT THEREON). THESE LIMITATIONS WILL APPLY WHETHER OR NOT CLIQREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. Copyright Infringement and Counter-Notice

CliqRex respects the intellectual property rights of others and requests that the people who use the App do the same. If you believe that your work has been reproduced and is accessible on the App in a way that constitutes copyright infringement you may notify CliqRex by providing its copyright agent with the following information in writing:

a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

b. identification of the copyrighted work that you claim has been infringed;

c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit CliqRex to locate the material;

d. your name, address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

CliqRex’s designated agent (the “Copyright Agent”) to receive notification of claimed infringement can be reached at:

contact@cliqrex.com

It is CliqRex’s policy to terminate (in its sole discretion) in appropriate circumstances any account for infringement of intellectual property rights, including copyrights, and it also reserves the right (in its sole discretion) to terminate an account for even one instance of infringement (and CliqRex will not be responsible or liable for any such infringement by a third party).

Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

a. Your physical or electronic signature;

b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Hamilton County, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, CliqRex may send a copy of the counter-notice to the original complaining party informing that person.

16. YouTube Terms of Service Agreement

By using the CliqRex App you agree to be bound by the YouTube Terms of Service.

17. Additional Terms

a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

b. Jurisdiction. The Terms and all performances and claims of every nature (including without limitation, contract, tort, and strict liability) relating in any way to the App will be governed by the laws of the State of Ohio, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and CliqRex agree to submit to the personal and exclusive jurisdiction of the courts located within Hamilton County, Ohio. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Ohio or federal law.

c. Limitations on Actions. Any action concerning any dispute you may have with respect to the App must be commenced by you to CliqRex in writing within one year after the cause of the dispute arises, or the cause of action is barred.

d. Entire Agreement. The Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (as the Terms may hereafter be amended from time to time as provided herein), between you and CliqRex with respect to the subject matter hereof and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Terms.

e. No Waiver. The failure of CliqRex to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or CliqRex’s right to act with respect to subsequent or similar breaches.

Contact Us

If you have any questions or suggestions about the Terms, do not hesitate to contact us at contact@cliqrex.com.