Creation date: 2011-11-16; Revision 1009
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING click.to, THE click.to ACTIONS OR DOWNLOADING ANY APPLICATIONS OFFERED AT WWW.CLICKTOAPP.COM IN THE APPLE APP STORE OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”). YOU DO NOT HAVE ANY RIGHT TO USE THE TOOL OR ACTIONS UNLESS YOU AGREE TO THESE TERMS. click.to’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY CLICK.TO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
click.to (“click.to”) provides a software tool which enables you to extend the functionality of the Microsoft Windows clip board and accordingly the Mac OS/ iPhone/iOS Pasteboard. click.to provides several default actions (“actions”) which enable you to upload, send, use, re-use, transform, convert, open or extend the items saved in your Microsoft Windows clip board and accordingly your Mac OS/ iPhone/iOS Pasteboard. These actions have the ability to interact with your social network tools and third-party websites, services, applications and widgets, including Adobe Software Tools, Amazon, Apple OS Tools, Apple iOS Tools, Blogger, Box, billiger.de, Evernote, Facebook, Flickr, Google, Google Tools, Memonic, Microsoft Office Tools, Pastebin.com, Simplenote, Skype, Twitter, Toodledo twitpic, Wikipedia, Windows OS Tools, Xing, Youtube and others (“Third Party actions”). All users of click.to and the click.to actions, including users who contribute content, information and other materials or services via the actions, are subject to these terms. click.to and the actions are accessed by you (“User” or “you”) under the following terms and conditions:
1. USING
Subject to these Terms, the actions provided by click.to, as described more fully on the Site, and which are selected by you, are solely for your own use, and not for the use or benefit of any third party. Actions shall include, but not be limited to, any actions click.to performs for you, any applications or actions that you download from the Site or create by yourself, as well as the offering of any materials displayed or performed on or through the actions (including, but not limited to text, graphics, photographs, images, illustrations, audio clips and video clips, also known as the “Content”). You acknowledge that use of the actions may involve the access and use of content, tools, further actions, information and data from Third Party actions. Such third party’s terms and conditions and policies apply to their use. Some click.to actions may be subject to additional policies, terms and conditions posted or triggered by click.to or third party terms; your use of such actions is subject to these additional policies, terms and conditions, which are incorporated into these Terms.
2. ELIGIBILITY
If you are an individual, you certify to click.to that you are at least 13 years of age and that you are of legal age to form a binding contract. If you are accessing the actions on behalf of an entity you represent and warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to use and access the actions, and that you take full responsibility for the selection and use of the actions. These Terms are void where prohibited by law, and the right to access and use the actions is revoked in such jurisdictions. click.to may, at its sole discretion, refuse these actions to any person or entity and to alter its eligibility criteria at any time.
3. MODIFICATION
click.to is entitled to alter, suspend or discontinue the actions for any reason, at any time, including the availability of any application, widget, feature, database, content or Third Party action. click.to is also entitled to impose limits on certain features and services or restrict your access to all or parts of the actions without notice or liability. We point out that click.to or Axonic Informationssysteme GmbH does not accept responsibility for self-created actions by the users or the community. The user is able to extend the action feature of click.to by himself – any new created actions are based on the user’s will and mind – click.to or Axonic Informationssysteme GmbH can not be harmed, become guilty of and are not responsible for possible negative results or effects in the public.
click.to reserves the right to modify these Terms at any time by posting them on the Site, at its discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Your acceptance of the modified Terms is implicit in your use of the actions following such notification.
4. AVAILABILITY
click.to has no control over the availability of any Third Party actions, which may impact your use of the actions. YOU AGREE THAT click.to WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE ACTION, THE SERVICES, YOUR USER CONTENT, OTHER CONTENT OR ANY THIRD PARTY SERVICE.
5. SECURITY
Electronic Communications Privacy Act Notice (18 USC 2701 -2711): click.to MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA THE ACTIONS OR THROUGH ANY THIRD PARTY ACTION. click.to cannot accept responsibility for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information or any other content stored on click.to’s equipment, transmitted over networks, accessed by or in any other way linked to your use of the actions.
6. THIRD PARTY SERVICES
Users of the actions may gain access to Third Party actions. Third Party actions do not fall under the supervision or control of click.to. Unless explicitly otherwise stated, click.to makes no representations or warranties whatsoever about any Third Party action, nor does the company endorse the products or services offered through such Third Party action. click.to disclaims: (a) all responsibility and liability for Third Party actions and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of Third Party actions. You hereby agree to irrevocably waive any claim against the Actions or click.to with respect to such third party sites, content, services, applications or widgets. You acknowledge and agree that, in addition to these Terms any use of Third Party actions is subject to, and shall comply with, the terms and conditions applicable to such Third Party actions
7. CONTENT OF THE SITE AND ACTIONS
To the extent the actions expressly authorize you to do so, you are permitted to download or copy software, applications, widgets, actions, features, dlls and other materials accessible via the actions, as well as other items displayed via the actions for download, for your own personal use only, provided that you maintain all copyright and other notices. You are not permitted to store any significant portion of any Content in any form. All trademarks, service marks, and trade names which appear through the actions (other than those appearing in any Content posted by a User) are the exclusive property of click.to and/or third parties. You are obliged to abide by all copyright notices, information, and restrictions contained in any Content accessed through the actions.
You acknowledge and agree that if you use any of the actions to contribute Content to the actions or Third Party actions (“User Content”), you hereby do and shall grant click.to a non-exclusive, worldwide, royalty-free, transferable, sub-licensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so also. You also hereby do and shall grant each user of the actions a nonexclusive license to access your User Content through the actions and to use such User Content as permitted through the functionality of the actions and under these Terms. You warrant, represent and agree that you have the right to grant click.to and the actions the rights described above.
You represent, warrant and agree that you will not contribute any User Content that:
infringes any intellectual property right of another or the privacy or publicity rights of another;
infringes, violates or otherwise interferes with any copyright or trademark of another party;
is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it;
contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
remains posted after you have been notified that such User Content violates these Terms.
You understand and agree that:
click.to has no special relationship with or fiduciary duty to you;
the actions may contain, or direct you to sites containing, information that some people may find offensive or inappropriate;
click.to has no control over, and no duty to take any action regarding: which users gain access to the actions; what Content you access via the actions; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content;
click.to reserves the right to remove any User Content from the actions at any time, for any reason or for no reason;
you will abide by all applicable local, state, national and international laws and regulations;
all information publicly or privately transmitted through the actions is the sole responsibility of the person from whom such information originated;
you are responsible for all of your activity in connection with the actions;
click.to shall have the right to reformat, excerpt or translate any User Content submitted by you;
you are responsible for whatever material you submit, and you, not click.to, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright;
click.to cannot guarantee the identity of any other Users with whom you may interact in the course of using the actions or the authenticity of data provided by other Users; and
you are responsible for all User Content posted, triggered or developed with click.to, including User Content contributed by a third party whom you have authorized to post User Content with click.to.
Any comments, suggestions, or feedback relating to the actions (collectively known as “Feedback”) submitted to click.to shall become the property of click.to or its designee. click.to claims exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and claims entitlement to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.
8. RESTRICTIONS.
You may not (directly or indirectly):
use any part of the actions to violate the security of any computer network, crack passwords or security encryption codes;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of any action, except to the limited extent applicable laws specifically prohibit such restriction;
transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
modify, translate, or otherwise create derivative works of any part of the actions;
run Maillist, Listserv, any form of auto-responder, or spam through the actions;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or
modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or actions in whole or in part.
9. DISCLAIMER/RELEASE
click.to makes no representations concerning any content contained in or accessed through the actions, and click.to will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the actions. You release click.to from all liability for your having acquired or not acquired Content through the actions. THE ACTIONS, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED GUARANTEES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED GUARANTEE LASTS, AS A RESULT OF WHICH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
click.to DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF CONTENT OR ACTIONS, TO THE FULLEST EXTENT ALLOWED BY LAW. BY USING THE ACTIONS, YOU ACKNOWLEDGE THAT click.to IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE ACTIONS; (2) DOWNLOADING INFORMATION CONTAINED IN THE ACTIONS; (3) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE ACTIONS, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (4) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED OR TRIGGERED BY USERS; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE ACTIONS; OR (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT.
10. INDEMNITY
You will indemnify and hold click.to, its directors, employees, agents, officers, and representatives immune to any claim or demand made by any third party, including costs and attorneys’ fees, due to or arising out of your access to or use of the actions, your violation of these Terms, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL click.to, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE ACTIONS FOR (1) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE ACTIONS, ERRORS OR OMISSIONS; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (4) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS, FEATURES, ACTIONS OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. PRIVACY
Please review our Privacy Policy, which governs the use of personal information by click.to and to which you agree to be bound as a user of the actions.
13. TERMINATION
Either party may terminate the Actions at any time by notifying the other party by any means. click.to may also terminate or suspend any and all actions immediately if you breach any of the terms or conditions of these Terms, without prior notice or liability. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the actions and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of BADEN-WÜRTTEMBERG, excluding its conflicts of law rules, and GERMANY. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in KARLSRUHE, BADEN-WÜRTTEMBERG, using the GERMAN language. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in German Courts located in Baden-Württemberg. Use of the actions is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and click.to agree that any cause of action arising out of, or related to, the actions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
15. FEES
click.to reserves the right to charge fees for future use of or access to the Site or the Service.
16. MISCELLANEOUS
These Terms are not assignable, transferable or sub licensable by you except with click.to’s prior written consent. click.to may transfer, assign or delegate these Terms and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind click.to in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. click.to shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond click.to’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Both parties agree that these Terms, together with the Privacy Policy, Copyright Policy and any other operating rules, policies and procedures posted or triggered through the actions comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Any notice to click.to that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to legal or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Axonic Informationssysteme GmbH, Kaiserstraße 241, 76133 Karlsruhe, Germany.
17. COPYRIGHT POLICY AND TRADEMARK RIGHTS
It is click.to’s policy not to harm third party copyrights. If you believe that content, logos residing on or accessible through click.to Software or the click.to actions infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail to info{at}clicktoapp.com or to Axonic Informationssysteme GmbH, Kaiserstraße 241, 76133 Karlsruhe, Germany.
Trademark rights
We point out that other trademarks of various other trademark owners could be mentioned on this website or in the click.to software or through the actions. If any links link to websites operated by third parties, Axonic GmbH assumes no responsibility for their content or trademarks.
Axonic (as itself):
Axonic and Click to / Click-to / click.to are registered trademarks of Axonic Informationssysteme GmbH.
Microsoft:
Microsoft®, Microsoft Windows®, Microsoft Word®, Microsoft Office®, Microsoft Excel®, Microsoft Outlook®, Microsoft Powerpoint®, Microsoft Internet Explorer®, Microsoft Windows Explorer®, Microsoft Paint®, Bing®, Microsoft Translator®, Microsoft Office 2008® for Apple, Microsoft Office 2011® for Apple and Microsoft Exchange® are registered trademarks of Microsoft Corporation. This product uses Microsoft APIs but is not endorsed, certified or otherwise approved in any way by Microsoft Corporation.
Apple:
Apple®, Mac OS Lion®, Mac OS Snow Leopard®, iOS®, Finder®, Textedit®, Apple Mail®, Stickie®, Apple Dictionary® are registered trademarks of Apple Inc. This product uses Apple APIs but is not endorsed, certified or otherwise approved in any way by Apple Inc.
Adobe:
Adobe®, Acrobat®, PDF® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated. This product uses Adobe APIs but is not endorsed, certified or otherwise approved in any way by Adobe Systems Incorporated.
Amazon:
Amazon is a registered trademark of Amazon Inc. This product uses Amazon APIs but is not endorsed, certified or otherwise approved in any way by Amazon Incorporated.
Basecamp:
Basecamp is a registered trademark of 37signals. This product uses the Basecamp API but is not endorsed, certified or otherwise approved in any way by 37signals.
Box:
Box is a registered trademark of Box Inc. This product uses the Box API but is not endorsed, certified or otherwise approved in any way by Box or Box Inc.
Ebay:
Ebay is a registered trademark of Ebay Inc. This product uses the Ebay API but is not endorsed, certified or otherwise approved in any way by Ebay or Ebay Inc.
Evernote:
Evernote is a registered trademark of Evernote Corporation. This product uses the Evernote API but is not endorsed, certified or otherwise approved in any way by Evernote Corporation.
Facebook:
Facebook, the Facebook logo and the F-Logo are registered trademarks of Facebook Inc. This product uses the Facebook API but is not endorsed, certified or otherwise approved in any way by Facebook Inc.
Flickr:
Flickr is a registered trademark of Yahoo! Inc. This product uses Flickr APIs but is not endorsed, certified or otherwise approved in any way by Yahoo! Inc.
Google:
Google™, Google Desktop Search™, Google Maps™, Blogger™, YouTube™ and Google Translate™ are registered trademarks of Google Inc. This product uses Google APIs but is not endorsed, certified or otherwise approved in any way by Google Inc.
Dropbox:
Dropbox is a registered trademark of Dropbox Inc. This product uses the Dropbox API but is not endorsed, certified or otherwise approved in any way by Dropbox or Dropbox Inc.
Memonic:
Memonic is a registered trademark of Nektoon AG. This product uses the Memonic API but is not endorsed, certified or otherwise approved in any way by Nektoon AG.
Pastebin.com
Pastebin.com is a registered trademark of Pastebin.com. This product uses the Pastebin.com API but is not endorsed, certified or otherwise approved in any way by Pastebin.com.
Simplenote:
Simplenote is a registered trademark of Simperium Inc. This product uses the Simplenote API but is not endorsed, certified or otherwise approved in any way by Simplenote or Simperium Inc.
Skype:
Skype™, SkypeIn™, SkypeOut™, “Skype Me™”, the Skype™-Logo and the S-Logo and other marks indicated on our site are trademarks of Skype Limited or other related companies.This product uses the Skype API but is not endorsed, certified or otherwise approved in any way by Skype Limited.
solute GmbH.
Billiger.de is a project of the solute GmbH. http://www.billiger.de/
Toodledo
Toodledo is a registered trademark of Toodledo.com. This product uses the Toodledo API but is not endorsed, certified or otherwise approved in any way by Toodledo.
Twitter:
The Twitter name, logo, Twitter T, Twitpic, Tweet, and Twitter bird are trademarks of Twitter Inc. in the United States and other countries. This product uses the Twitter API but is not endorsed, certified or otherwise approved in any way by Twitter Inc.
Twitpic
Twitpic is a registered trademark of Twitpic Inc. This product uses the Twitpic API but is not endorsed, certified or otherwise approved in any way by Twitpic Inc.
Wikipedia:
Wikipedia is a registered trademark of Wikimedia Foundation Inc.
Xing is a registered trademark of Xing Inc. This product uses the Xing API but is not endorsed, certified or otherwise approved in any way by Xing or Xing Inc.
Send written communication to the following address:
Axonic Informationssysteme GmbH
Kaiserstraße 241
76133 Karlsruhe
Germany
E-Mail: info{at}clicktoapp.com
Phone: +49 (721) 352 83 75
Authorized to represent CEO: Martin Welker Register court: Amtsgericht Mannheim Company registration number: HRB 110424
Value-added tax (VAT) – identification number according § 27a oft the German Turnover-Tax Law: DE 813834557
All disputes arising out of business relationships with Axonic Informationssysteme GmbH will be subject to the exclusive jurisdiction of courts located in Baden-Württemberg, Germany.
© Copyright 2012 Axonic Informationssysteme GmbH. All rights reserved.
