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PLEASE READ OUR TERMS AND CONDITIONS BEFORE SIGNING UP TO USE OUR SYSTEM

Cleerkut Inc.

Terms and Conditions ("Terms")

Last updated: August 6, 2020

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using Cleerkut Royalty (http://cleerkutroyalty.com ) website (the "Service") operated by Cleerkut, Inc. ("us", "we", "our" or “Cleerkut Royalty”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Age Requirement

You must be the legal age of majority in your state of residence (usually 18 years of age) or otherwise able to form a binding contract with Cleerkut, Inc in order to use the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Our Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Cleerkut, Inc. cancels it.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Cleerkut, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Cleerkut, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Fee Changes

Cleerkut, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Cleerkut, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancellations

You may cancel your subscription at any time by clicking the ‘Cancel Your Cleerkut Royalty Subscription’ link on the Account Details page under My Account or by contacting our customer support team.

If you cancel your subscription, you may use your subscription until the end of your current subscription term. Your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. Paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

Cleerkut, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Cleerkut, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Ownership and Preservation of Your Documents

The Service does not claim ownership of any documents you either create or upload and store using our Service ("Documents"). You grant permission for Cleerkut Royalty platform to use your Documents in connection with providing Services to you.

Service Does Not Replace an Attorney nor Provide Legal Advice

Our Service provides a self-help platform for generating legal documents but it does not replace the need for an Attorney to review legal documents generated by our platform before sending to other parties. We recommend that you refer to an Attorney before sending any legal documents from our platform. You agree not to hold Cleerkut, Inc or any of its affiliates responsible for any terms or conditions outlined in your licenses or agreements generated through our platform or added to our service system.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Cleerkut, Inc. and its licensors. The Service is protected by copyright, trademark, patent and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cleerkut, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Cleerkut, Inc.

Cleerkut, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Cleerkut, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Your Duties, Representations, Warranties and Indemnification

By Subscribing with Our Service You represent to us that:

  • You are either the lawful owner or authorized representative of the owner of all copyrights offered for sale or licensing or entering into an agreement through the Service platform
  • the information, documentation and specifications that You have provided to Our Service is accurate, true, correct, complete and not misleading
  • the sale or licensing or entering into agreements of your rights will in no way violate the terms of any agreement or other restrictions affecting the rights of others
  • the individual executing this Agreement is duly authorized to enter into agreements with third parties with respect to the posted rights and
  • you have provided us with true, correct and complete information regarding the copyright ownership status and right to enter into transactions and grant licenses in and enter into agreements to your Copyrights or on behalf of the copyright owner.

You also agree that if at any time this information changes or You become aware of any inaccuracy in this information, You will correct or update this information on the Service system immediately upon discovering, or when you reasonably should have discovered, the inaccuracy of this information.

You agree that all information You enter into the Service directly or supply to Cleerkut, Inc. representatives will be complete and accurate at all times. You also agree to indemnify and hold the Service harmless for any claims against it or damages and costs incurred by the Service arising out of or in connection with any errors and omissions that relate to the accuracy of the information generated from the Service for copyrights that You control. You hereby warrant and represent that no such information which You provide to or through the Site is false, misleading, or inaccurate; infringes the Intellectual Property rights of any third party; is defamatory, libelous, threatening or harassing; is obscene, indecent, or unsuitable for minors; otherwise violates any local, state, federal or international law or regulation; or contains any virus or other programming feature which will interfere with the operation of the Site or of the computers of users who visit the Site.

You shall not engage in any act or become involved in any situation or occurrence which brings the Service into public disrepute, scandal or ridicule, or shocks or offends the community, or derogates from the public image or reflects unfavorably upon Cleerkut, Inc. or its products and services and shall not make any statements that violate any rule or policy of the Federal Communications Commission, the Federal Trade Commission or any other law, rule or regulation.

You possess the full power and right or have been authorized to grant licenses or agreements You generate through the Service Site.

There is no suit, action, arbitration, or legal, administrative or other proceeding or governmental or quasi-governmental investigation pending or, to the best of your knowledge, threatened against or affecting the Rights, Trademarks, or Copyrights.

The posting, uploading, marketing and use of the Service pursuant to the terms of this Agreement does not and shall not violate or infringe on any patent or any proprietary or personal right of any person or corporation.

You have not infringed and neither is now infringing on any patent, copyright or other right belonging to any person or corporation.

You agree to defend, indemnify and hold harmless Cleerkut, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation Of Liability

In no event shall Cleerkut, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer of Representations and Liability

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Cleerkut, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

The information, software, products, and services made available through Cleerkut, Inc /Cleerkut Royalty platform may include inaccuracies or typographical errors. Cleerkut Inc./ Cleerkut Royalty platform and/or its suppliers may at any time make improvements or changes to our Services. Information received via Cleerkut Inc./ Cleerkut Royalty platform should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLEERUT INC/ CLEERKUT ROYALTY PLATFORM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Cleerkut Inc./ Cleerkut Royalty platform, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLEERKUT, INC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.