Privacy Policy / Terms of Use
This Agreement ("Agreement") is a contract between you and Cherub Media, Ltd., a Delaware Corporation, doing business as Clicck.com, and applies to your use of our online dating and matching services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. In addition, you must read, agree with and accept any other applicable agreements, including Clicck.com’s privacy policy and authorized use policy. We may amend this Agreement from time to time by posting a revised version on our website. The revised version will be effective no earlier than thirty (30) days after we initially post it, and we will notify you of any proposed modification to this Agreement by posting the modification at least thirty (30) days prior to its effective date. This Agreement covers your use of the services provided by Clicck.com, which at present are limited to dating services for single persons. This Agreement, however, may be amended from time to time to cover additional services Cherub Media, Ltd., may offer, as noted above.
This is an important document which you must consider carefully when choosing whether to use Clicck.com as your online dating or matching service. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS THAT FOLLOW, DO NOT USE THE SITE OR THE SERVICES PROVIDED BY CLICCK.COM.
1. Your Relationship with Clicck.com.
1.1 Registration required for personal use only: To use Clicck.com, you must register and provide the proprietor of the site, Cherub Media, Ltd., with certain personal information. Your private registration account is for your use only: you may not assign the account to another person, assume the identity of another person, or transfer either your account information or your password information to another person. You may only create and use one unique and personal profile. Duplicate or false profiles, or profiles appropriating another’s image, will have their underlying accounts subject to immediate cancellation. By clicking the “I accept” button below, you acknowledge that you have received information about this limitation, and agree that Cherub Media, Ltd., and Clicck.com are not responsible for misuse of your account or personal information if you in any way compromise or share account or password information with a third person.
1.2. Age restriction: You must be at least eighteen (18) years of age to use the site and register for dating services, unless the age of majority in your particular jurisdiction is greater than eighteen (18) years.
1.3 Marital Status: You must be a single adult, and not married, to use Clicck.com. In certain States of the United States, extramarital romantic and sexual affairs are still criminal acts. Therefore, Clicck.com cannot be a party to facilitating what could arguably be a criminal transaction.
1.4 Criminal history: You must have no felony criminal history to use Clicck.com. More specifically, you warrant and represent to Cherub Media, Ltd., that you have no criminal history for stalking, domestic violence, spousal or partner abuse, telephone abuse, electronic mail abuse, or any other crime involving the transmission of messages over the instrumentality of the Internet or other similar modality such as telefacsimile. You also warrant and represent that you are not required to register as a Sex Offender within any of the fifty (50) states of the United States, the District of Columbia, or in the federal criminal (Bureau of Prisons) system.
1.5 Clicck.com is only a Matching Service Provider. Clicck.com exists to facilitate personal relationships in the gay, lesbian, bisexual and transgendered community, but is not exclusive and does not discriminate. Clicck.com is an independent contractor and does not assume a third-party “agency” relationship for the purpose of actually ensuring the relationship is consummated or entered into by other Clicck.com Users. Clicck.com also does not have control of or liability for the products or services that are paid for with our Service, such as the facial recognition, DNA matching services of our partner, GenePartner, and other third party contract, hyperlinked service. Clicck.com and Cherub Media, Ltd., do not guarantee the identity of any User.
1.6 Your Privacy. Protecting your privacy is very important to Clicck.com. To understand what Clicck.com does to protect your privacy, as well as the privacy of the information we collect about you during the course of your online dating experience, please refer to our privacy policy. With respect to using the service, Clicck.com may ask certain questions about your medical history, the privacy of which is protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), such as your HIV infection status. Though you are not required to answer these questions to use the service, your declination to answer the questions may affect the site’s utility in matching you effectively. To use the Service, you are also required to take a psychological/personality test, which - in part - measures your emotional stability.
1.7 Privacy of Other Clicck.com Users. If you receive Information about another Clicck.com User through the dating and matching service, you must keep the personal information confidential and only use it in connection with the dating and matching Service. You may not disclose or distribute a Clicck.com User's information to third parties or use the information for marketing purposes unless you receive the User's express consent to do so. Generally, that express consent should be obtained in writing, which would include an electronic mail (“email”) message.
1.8 Intellectual Property. “Cherub Media, Ltd.,” “Clicck,” and “Clicck.com.” and all related logos, products and services described in our website are either trademarks or registered trademarks of Cherub Media, Ltd., or its related business entities. You may not copy, imitate or use them without Cherub Media, Ltd.’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and intellectual property of Cherub Media, Ltd.. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change HTML logos in any way, use them in a manner that is disparaging to Cherub Media, Ltd., Clicck.com,, or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the PayPal website and any content thereon is the exclusive property of Cherub Media, Ltd., and Clicck.com.
1.9 Assignment. As indicated above, you may not transfer or assign any rights or obligations you have under this Agreement without Cherub Media Ltd.’s prior written consent. Cherub Media, Ltd., however reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.10 Notification. You agree that Cherub Media, Ltd., and Clicck.com may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Cherub as described in section below. Cherub Media, Ltd., may charge you a fee to provide a paper copy of any transactional record associated with use of the site.. Cherub Media, Ltd., reserves the right to close your Account if you withdraw your consent to receive notification electronically.
Notices to Cherub Media, Ltd. Except as otherwise stated notice to Cherub Media, Ltd., must be sent by postal mail to: Cherub Media, Lrd.,
Calls to You. By providing Cherub Media, Ltd., and/or Clicck.com a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded messages, as well as customer service calls at that number.
2. Eligibility and Limitations on Use.
2.1 Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the United States. You also represent and warrant that you have never been convicted of a felony and are a single adult, as detailed in paragraphs 1.1-1.4 above.
2.2 Limitations on use. Because of the pervasiveness of the Internet in the daily life of Users, and the high potential for abuse, Users should be aware that in using Clicck.com they are subscribing to a private, paid service, and are, therefore, operating under the limitations that the federal constitution and state laws impose upon commercial speech. Cherub Media, Ltd., therefore, may impose limitations upon the posting of content on its site, which include, but are not necessarily limited to, the following:
a. No Harassment – Clicck.com Users shall not post any content on the Clicck.com site that is intended to harass, annoy, intimidate, threaten or annoy another Clicck.com user. This “no harassment” policy also extends to employees, agents, and managerial employees and staff of Clicck.com.
b. No Defamation - Clicck.com Users shall not post any content on the Clicck.com site that is intended to defame, to be false, to falsely accuse, or portray another Clicck.com User in a false light.
c. No Obscenity - Clicck.com Users shall not post any content on the Clicck.com site that is obscene under a national standard.
d. No Hate Speech - Clicck.com Users shall not post any content which promotes racism, sexual orientation discrimination, intolerance of any kind, as well as hatred or intention to physically harm any specific interest or social group or individual.
e. Images of Others - Clicck.com Users shall not post content containing images of other Clicck.com users, including photographs, videos, etc., except with express permission, that is, permission in writing.
f. Copyrighted material – Clicck.com Users shall not post copyrighted belonging to another, including photographs, written material, video or movie images, graphics, logos, etc., without first procuring written permission from the person or entity holding the copyright.
g. Other Users’ personal identifying information – Clicck.com Users shall not publish or disseminate the sensitive personal identifying information of other Users of the site.
h. Interference with use – Clicck.com Users shall not interfere with the use and enjoyment of the site’s services by other Users.
i. No disruption of technology – Clicck.com users may not use the site to distribute or release viruses, worms, Trojan horses, time bombs, cancelbots, and other disruptive code or devices;
j. No promotion of illegal or criminal activity – Clicck.com Users may not use the site to promote illegal activity such as manufacture and distribution of controlled dangerous substances, identity theft, gambling, harassment, making threats of violence, fraud, or to cheat or swindle another User.
k. No political promotion – while discussion of political views is encouraged on Clicck.com, and indeed can be a positive issue in a relationship, Clicck.com Users may not use the site to promote or proselytize a particular political point of view, political party, etc.
l. False Information Prohibited – Clicck.com Users may not post or distribute false, misleading, or inaccurate information. It is understood that, personal information may change from time to time, Clicck.com Users are required to manage personal information and correct errata that may occur because of typical life changes with fifteen (15) days of any such change.
m. No Commercial Use or Appropriation - Clicck.com Users may not use the site for promoting their personal business enterprises or any other commercial use; they may also not appropriate photographic or content of Clicck.com or the personal.
n. Psychological Testing – Clicck.com uses an ISI-type psychological test which measures – in part – Users’ psychological stability. If a User tests at a level of psychological stability that is two standard deviations below the mean, based on the objective metric of the testing instrument, Cherub Media, Ltd., reserves the right to close the particular User’s account without further notice.
3. Opening and Closing Your Clicck.com Account
3.1 How to Open and Close Your Account. When you open your account, the Clicck.com site will direct you through a series of screens, which is legal parlance is called a “click-through” Agreement. By clicking “I Agree” through this screen or series of screens, you expressly initiate and validate this Agreement, which is the point in time at which it becomes effective. After initiating the Agreement, it continues in effect without interruption into perpetuity. You may close your Account at any time by logging in to your Account, clicking on the “Profile” tab, clicking on the “Close Account” link, and then following the instructions. Either you or Cherub Media, Ltd., may close your account for cause or for no cause, without notice. Cherub Media, Ltd., may store, retrieve, review or archive your account information and data for any reason, at our sole discretion, without limitation. Upon Account closure, we will hold any communications you may receive from other Clicck.com Users who are potential matches for up to ten (10) days, or longer if we deem it beneficial to Clicck.com. If for any reason your account is either suspended or closed, because you are in breach of this Agreement, any fees paid to Cherub Media, Ltd. as of the date of suspension or closure will remain the nonrefundable property of Cherub Media to which you relinquish all claim, whether in contract or in quasi-contract. You may terminate your account in writing at any time by writing directly to Cherub Media, Ltd., at: Corporate address goes here. Following closure, Cherub Media, Ltd., reserves the right to communicate with other Users with whom you have communicate, solely to advise them that you are no longer a User of the Service.
3.2 Limitations on Closing Your Account and Contact with Law Enforcement. You may not close your Account to evade an investigation for misuse. If you attempt to close your Account while we are conducting an investigation, Clicck.com, at its sole discretion, may freeze your account activity, but will only share your information with third parties pursuant to valid civil or criminal process. If we receive a subpoena or war
4. Indemnification. You agree to indemnify, defend and hold harmless Cherub Media, Ltd.,, its officers, directors, employees, agents, assigns and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Cherub Media, Ltd., reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with in asserting any available defenses..
5. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. No party to arbitration will be required to travel outside the jurisdiction of his or her residence or principal place of business.
6. Controlling Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 14.2 above, you agree that any claim or dispute you may have against Cherub Media, Ltd., must be resolved by a court located in New Castle County, Delaware. You agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware. This Agreement shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions.
7. Improperly Filed Claims. All claims you bring against Cherub Media, Ltd., must be resolved in accordance with sections five (5) and six (6) of this Agreement. All claims filed or brought contrary to these sections shall be considered improperly filed, and a per se breach of this Agreement. Should you file a claim contrary to this Agreement, Cherub Media, Ltd., may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Cherub Media, Ltd., has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
8. No Warranty. CHERUB MEDIA, LTD., OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CHERUB MEDIA, LTD., OUR PARENT, EMPLOYEES AND OUR AGENTS, ASSIGNS, AND CONTRACT SUB-VENDORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cherub Media, Lrd., does not have any control over the products or services that are paid for with our Service and cannot ensure that another User in whom you may be interested in forming a relationship will actually complete and consummate the relationship. Cherub Media, Ltd., also does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Cherub Media, Ltd, however, will make reasonable efforts to ensure that access to our site is makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
9. License Grant and Cherub’s Proprietary Rights. Cherub Media, Ltd., and its licensors grant you a limited nonexclusive license to use Cherub Media, Lrd.’s software in accordance with its supporting documentation, including its privacy policy, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all documentation accompanying the Services. If you do not comply with Cherub Media, Ltd.’s implementation and use requirements you will be liable for all resulting damages suffered by you, Cherub Media, Lrd., and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Cherub Media Ltd.’s, software are owned solely by Cherub Media, Ltd...
10. Release of Cherub Media, Ltd - . If you have a dispute with one or more Users, you release Cherub (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
11. Complete Agreement and Severability. This Agreement sets forth the entire understanding between you and Cherub Media, Ltd., with respect to the site and the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and severed, as if it were not a part of the Agreement, and the remaining portions of the Agreement will remain in full force and effect.
3-Day Cancellation. Regarding the Personal Matching Service, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to Cherub Media, Ltd. In addition, you may e-mail Clicck.com Customer Relations by clicking here. The day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after Cherub Media, Ltd.’s, receipt of your cancellation notice.
Death or Disability Cancellation. If you die, an immediate family member dies, or you become otherwise disabled and are unable to receive all Matching Services for which you contracted and paid, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death, the death of your family member, or the onset of disability, except as provided in subsection (iii).
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- If you have prepaid any amount for the Marching Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative. This allocable amount will be determined solely at Cherub Media’s discretion.
- “Disability” means a condition which precludes you from physically using the Marching Service while you are disabled, so long as you have written verification in the form of a written letter or certificate from your personal physician, which Clicck.com may receive as either a .pdf attachment to electronic mail, or by telefax.
- If your personal physician determines that you, the User, will be disabled for less than six (6) months, Cherub Media, Ltd., at its sole discretion, may extend the term of the Matching Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
13. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Cherub Media, Ltd.’s, copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Personal contact information that will enable Cherub Media, Ltd., to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that the material, the use of which you are complaining, is not being used consistent with the design of the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.