End User License Agreement

Overview of Our Terms of Service

This End User License Agreement explains the terms and conditions under which you are able to access and use applications created by 2 Clicks Media Inc. Please read carefully this Agreement, and keep a copy of it for your reference.

BY DOWNLOADING, INSTALLING, OR USING APPLICATIONS PROVIDED BY US YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR APPLICATIONS AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH 2 CLICKS MEDIA INC. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OUR APPLICATIONS.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and us. Provisions of any individual Agreement between you and us supersede provisions from these Terms.

1. DEFINITIONS

1.1 ‘License/Agreement’ refers to the latest version of this End User License Agreement document.

‘App/Application’ refers to the software created by us, it’s interface, and functionality.

‘User/You’ refers to any person or legal entity accessing, using, or registering to use the App.

‘We/Us’ refers to 2 Clicks Media Inc., the App, and their developers and affiliates.

‘Third-Party’ refers to any application, website, natural or legal entity other than us, the App or our affiliates.

‘Content’ refers to all images, text, audio and video data or any other information available from the App.

‘Information’ refers to information about the Users themselves collected from the Users through cookies or Third-Party services.

2. PROPRIETARY RIGHTS

2.1 Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and other Content in the App contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.

2.2 The Content and the functionalities are provided in the App “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the App and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:

- 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

- 2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

- 3. A description of where the material that you claim is infringing is located on the Site or the App;

- 4. Your name, address, telephone number and e-mail address;

- 5. A signed 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

- 6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

2.4 You can reach us for any copyright issue at [email protected]

2.5 Liability will not be imposed on us in any way for any Content, including but not limited to, any faults or errors in any Content; loss, destruction or degradation of any Content; or for any loss or damage of any kind incurred as a result of the use of any Content stored, sent, accessed, posted or otherwise transmitted via App.

3. USER REPRESENTATIONS

3.1 By using the App, you represent and warrant that:

-1. if registration is required, all registration information you submit will be true, accurate, current, and complete;

-2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

-3. you have the legal capacity and you agree to comply with this Agreement;

-4. you are not under the age of 13;

-5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App;

-6. you will not access the App through automated or non-human means, whether through a bot, script, or otherwise;

-7. you will not use the App for any illegal or unauthorized purpose; and

-8. your use of the App will not violate any applicable law or regulation.

3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your license and refuse any and all current or future use of the App (or any portion thereof).

4. LICENSE

4.1 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the App. Except as expressly permitted in this Agreement, you may not:

• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

• distribute, transfer, sublicense, lease, lend or rent the App to any third party;

• decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; or

• make the functionality of the App available to multiple users through any means.

4.2 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from us to the User, or from the User to us.

4.3 Nothing in this Agreement shall give to the User or any other person any right to access or use the source code or constitute any license of the source code.

4.4 We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.

4.5 Upon installing the Software may make changes to your browser such as adding an extension for the Software or changing the default search engine or default browser.

4.6 The Software may provide links leading to Third-Parties or be made available or accessed through Third-Party services and content (including advertising) that we do not control. Users acknowledge that different Terms of Service and privacy policies may apply to Users’ use of such Third-Party services and content. In no event will we be responsible or liable for any content or services of such Third-Party providers.

4.7 The Software may contain or be provided in connection with Third-Party open source software. Insofar where use of the Software involves use of open source software you understand and agree that your use of the Software is further regulated by the terms of the open source license. You may review the terms of the open source license on the following link:

4.1 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the App. Except as expressly permitted in this Agreement, you may not:

• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

• distribute, transfer, sublicense, lease, lend or rent the App to any third party;

• decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; or

• make the functionality of the App available to multiple users through any means.

4.2 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from us to the User, or from the User to us.

4.3 Nothing in this Agreement shall give to the User or any other person any right to access or use the source code or constitute any license of the source code.

4.4 We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.

4.5 Upon installing the Software may make changes to your browser such as adding an extension for the Software or changing the default search engine or default browser.

4.6 The Software may provide links leading to Third-Parties or be made available or accessed through Third-Party services and content (including advertising) that we do not control. Users acknowledge that different Terms of Service and privacy policies may apply to Users’ use of such Third-Party services and content. In no event will we be responsible or liable for any content or services of such Third-Party providers.

4.7 The Software may contain or be provided in connection with Third-Party open source software. Insofar where use of the Software involves use of open source software you understand and agree that your use of the Software is further regulated by the terms of the open source license. You may review the terms of the open source license on the following link:

5. ACCEPTABLE USE POLICY

5.1 You agree that you will not misuse our Software. A misuse constitutes any use, access or interference with the Software contrary to this Agreement, our Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Software and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny access to Software or Services to anyone at any time. During your use of our Software and Services, you will not behave contrary to this Agreement, Policies, applicable laws and regulations.

6. ACCEPTABLE USE POLICY

6.1 We care about data privacy and security. Please review our Privacy Policy. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement by reference.

7. INDEMNITY

7.1 You will indemnify us and hold us harmless, our employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App.

7.2 You and us acknowledge and agree that, in the event of a third party claim that the App or your possession or use of the App infringes any third party's intellectual property rights, you, not us, will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You agree to notify us immediately in writing of such claim.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.

8.2 THE APP IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE, OUR EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SOFTWARE, SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTYAPPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE

8.3 We, our employees, agents, and directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the use of the App, or any errors, in or omissions from such information. We are not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the use of the App, nor caused by the delay, malfunction of the operation or the availability of the App.

8.4 Users acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, we give no warranty or representation that the App will be wholly free from defects, errors and bugs.

8.5 Users acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, we give no warranty or representation that the App will be entirely secure.

8.6 App maybe down from time to time due to maintenance, power outages, server problems or other issues outside of our control. Although we will make every effort to ensure the service functions with minimal downtime, you understand and agree that we do not guarantee a 100% uptime for the App or the availability of the Content displayed in the App.

9. CHANGES

9.1 We may make changes or replace our License Agreement at any time. We will post such changes, replacements and updates in the App and such change, replacement and update to the Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Agreement and you accept and are bound by such change, replacement and update if you access or use our App after we have posted it in the App. This Agreement applies regardless from which platform you access our App.

10. GOVERNING LAWS AND CHOICE OF FORUM

10.1 This Agreement is governed by the laws of Saint Kitts and Nevis, without regard to its conflict of law provisions. Parties hereby agree to resolve any issue arising out of this agreement by a way of mutual understanding and in good faith outside of courts. In case the issue may not be resolved by a way of mutual agreement, parties hereby agree to the jurisdiction of the courts sitting in Charlestown, Saint Kitts and Nevis.

11.1 If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Agreement. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.

11. FINAL PROVISIONS

11.2 If we find or suspect that you have breached this Agreement we may, at our sole discretion, take any appropriate action against you including, but not limited to, deleting your account, sending you a formal warning, blocking your access to the Software and Services, taking legal action, etc.

11.3 Users may not assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent.

11.4 If you have any question about this agreement, you can forward it to [email protected]