Last Updated May 28, 2021
- When we say “CLICKOLOGY,” we mean Wal-Mart.com USA, LLC and CLICKOLOGY Inc., and any subsidiaries of Wal-Mart Stores, Inc. (including any subsidiaries that CLICKOLOGY Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to CLICKOLOGY as “we,” “us” and “our.” But when we say “CLICKOLOGY Entities,” we mean CLICKOLOGY; its suppliers, vendors, contractors, and licensors.
- When we say “CLICKOLOGY Sites,” we mean CLICKOLOGY, the CLICKOLOGY Apps, and all related functionality, services, and Content offered by or for CLICKOLOGY on or through CLICKOLOGY and the CLICKOLOGY Apps or the systems, servers, and networks used to make the CLICKOLOGY Sites available.
- When we say “CLICKOLOGYApps,” we mean the official “CLICKOLOGYApp” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the CLICKOLOGY Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the CLICKOLOGY Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the CLICKOLOGY Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that CLICKOLOGY Entities make available on or through the CLICKOLOGY Sites, including In Store Now information.
2. Your Use of the CLICKOLOGY Sites
You certify that the Content you provide on or through the CLICKOLOGY Sites is accurate and that the information you provide on or through the CLICKOLOGY Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. CLICKOLOGY is not responsible for any losses arising out of the unauthorized use of your account. You agree that CLICKOLOGY does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the CLICKOLOGY Sites. You agree that CLICKOLOGY is not a party to any such agreement, nor is CLICKOLOGY responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the CLICKOLOGY Sites or any portion of the CLICKOLOGY Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the CLICKOLOGY Sites or any portion of the CLICKOLOGY Sites.
- In connection with the CLICKOLOGY Sites, you will not:
- Make available any Content through or in connection with the CLICKOLOGY Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
- Make available through or in connection with the CLICKOLOGY Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the CLICKOLOGY Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the CLICKOLOGY Sites.
- Interfere with or disrupt the operation of the CLICKOLOGY Sites or the systems, servers, or networks used to make the CLICKOLOGY Sites available, including by hacking or defacing any portion of the CLICKOLOGY Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the CLICKOLOGY Sites.
- Reverse engineer, decompile, or disassemble any portion of the CLICKOLOGY Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the CLICKOLOGY Sites.
- Frame or mirror any portion of the CLICKOLOGY Sites, or otherwise incorporate any portion of the CLICKOLOGY Sites into any product or service, unless you obtain CLICKOLOGY’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the CLICKOLOGY Sites, without CLICKOLOGY’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the CLICKOLOGY Sites or CLICKOLOGY’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a CLICKOLOGY trademark, logo, URL, or product name without CLICKOLOGY’s written consent;
3. Content and Ideas
A. Submitting Content and Ideas
B. CLICKOLOGY’s Rights to Use Content and Ideas
You grant to CLICKOLOGY a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that CLICKOLOGY is free to use any Ideas for any purpose. CLICKOLOGY may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. CLICKOLOGY is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to CLICKOLOGY the right to use any name associated with any Content or Idea that you make available to CLICKOLOGY, although CLICKOLOGY has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the CLICKOLOGY Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including CLICKOLOGY ), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CLICKOLOGY in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from CLICKOLOGY ;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including CLICKOLOGY, its related entities, employees, and agents;
- violates any policy posted on the CLICKOLOGY Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the CLICKOLOGY Sites or our partners.
4. Monitoring by CLICKOLOGY
5. Materials Available on the CLICKOLOGY Sites
CLICKOLOGY and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The CLICKOLOGY Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the CLICKOLOGY Sites, we would appreciate it if you let us know by contacting us at CLICKOLOGY. (Your feedback is a big part of what helps CLICKOLOGY to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE CLICKOLOGY ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
CLICKOLOGY has no liability to you for content on the CLICKOLOGY Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
CLICKOLOGY is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any CLICKOLOGY Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on CLICKOLOGY Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with CLICKOLOGY’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
In addition to any other remedies available to it, CLICKOLOGY may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the CLICKOLOGY returns policy.
B. Pricing Information; Availability
CLICKOLOGY cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the CLICKOLOGY Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. CLICKOLOGY reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from CLICKOLOGY. CLICKOLOGY may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the CLICKOLOGY Sites or from prices available in CLICKOLOGY stores or on CLICKOLOGY Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available at CLICKOLOGY
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the CLICKOLOGY Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the CLICKOLOGY Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Delivery restrictions are available at CLICKOLOGY . Some Products may be available for pick up at physical CLICKOLOGY store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the CLICKOLOGY Sites, and (b) any software or technology purchased, downloaded, or used from the CLICKOLOGY Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the CLICKOLOGY Sites or any Materials is transferred to you as a result of your use of the CLICKOLOGY Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the CLICKOLOGY Sites. The CLICKOLOGY Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the CLICKOLOGY Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the CLICKOLOGY Sites and Materials is the exclusive property of CLICKOLOGY and is also protected by U.S. and international copyright laws.
CLICKOLOGY, the CLICKOLOGY names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the CLICKOLOGY Sites are trademarks or trade dress of CLICKOLOGY in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the CLICKOLOGY Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at CLICKOLOGY ) for instructions on how to contact us to report possible copyright infringement.
14. Third-Party Software & Licensing Notices
16. Terms Applicable to Special CLICKOLOGY Services
A. CLICKOLOGY Marketplace
CLICKOLOGY operates an online marketplace program on the CLICKOLOGY Sites (available at CLICKOLOGY) which enables Marketplace Retailers to sell their products alongside CLICKOLOGY products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “CLICKOLOGY Marketplace”). Any use of the CLICKOLOGY Marketplace is subject to the following additional terms:
- When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the CLICKOLOGY Marketplace through the CLICKOLOGY Sites, uses any order processing, fulfillment, shipping, or other services related to the CLICKOLOGY.Marketplace provided by or for CLICKOLOGY , or uses any platform, portal, web service, application, interface, or other tool provided by or for CLICKOLOGY in connection with the CLICKOLOGY Marketplace.
- To the fullest extent provided by applicable law, CLICKOLOGY has no responsibility or liability for any Marketplace Retailer, their products, or representations.
B. iOS CLICKOLOGY App
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
C. CLICKOLOGY Pay
“CLICKOLOGY Pay” is a feature built into the CLICKOLOGY App that allows you to use your smartphone to pay for in-store purchases. Any use of the CLICKOLOGY Pay service is subject to the following additional terms:
- There is no charge from us to use CLICKOLOGY Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of CLICKOLOGY Pay at any time, without notice, and in our sole discretion.
- All CLICKOLOGY policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through CLICKOLOGY Pay. We reserve the right to limit the availability of CLICKOLOGY Pay during specific times, for specific items, or for certain events or promotions. Some products or services may not be eligible for purchase using CLICKOLOGY Pay, or may require additional verification prior to completion of purchase through CLICKOLOGY Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products.
- Your device’s camera must be enabled in order to use CLICKOLOGY Pay to complete the checkout process and to use additional features. Enabling the CLICKOLOGY App to utilize location services on your device may provide you with access to other CLICKOLOGY Pay features. You can turn off location services at any time on your device.
Certain CLICKOLOGY Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your CLICKOLOGY in-store purchase receipt. Any use of the CLICKOLOGY eReceipt service is subject to the following additional terms:
- There is no charge from us to use CLICKOLOGY eReceipts, but your data service provider’s message and data charges may apply. CLICKOLOGY and text message carriers are not liable for delayed or undeliverable messages.
- We may alter, suspend, or terminate your use of CLICKOLOGY eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or CLICKOLOGY eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the CLICKOLOGY eReceipts service is subject to all applicable laws and regulations.
E. CLICKOLOGY Pickup and Delivery (formerly, Online Grocery Services)
Use of CLICKOLOGY Pickup and delivery is subject to the following additional terms:
- Once you have placed an order for CLICKOLOGY Pickup and delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
- There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
- Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
- We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the CLICKOLOGY Pickup and delivery Contact Center at 1-800-924-9206.
- We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
- Notwithstanding the foregoing, all refunds will be subject to our discretion.
- We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. CLICKOLOGY will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
- We can only deliver to an address stored in your address book in your account.
ii. CLICKOLOGY Pickup and delivery Pricing
- Pricing for CLICKOLOGY Pickup and delivery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. CLICKOLOGY Pickup and delivery does not match prices from other online or physical stores, or CLICKOLOGY stores other than the one where your items are picked and packed.
iii. CLICKOLOGY Pickup and delivery Promotion Codes
- Only promotional codes issued by CLICKOLOGY can be used for CLICKOLOGY Pickup and delivery services. Grocery Promo Codes cannot be used in CLICKOLOGY stores. Grocery Promo Codes issued by CLICKOLOGY are, and will remain, the property of CLICKOLOGY and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.
- Grocery Promo Codes can be added to your CLICKOLOGY Pickup and delivery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.
- All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.
- We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against CLICKOLOGY in connection with such rejection or cancellation of a Grocery Promo Code. CLICKOLOGY will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.
- Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.
F. CLICKOLOGY Plus Membership
G. CLICKOLOGY Digital Photo Center
Any use of the CLICKOLOGY Digital Photo Center (available at CLICKOLOGY ) is subject to the following additional terms:
- CLICKOLOGY claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your CLICKOLOGY Digital Photo Center Account. However, by uploading Photos into your CLICKOLOGY Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to CLICKOLOGY a nonexclusive, worldwide, royalty-free, sublicensable license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your CLICKOLOGY Digital Photo Center Account for the following purposes: (1) displaying displaying Photos to the people you select; (2) fulfilling orders; (3) improving the CLICKOLOGY Digital Photo Center service and enabling it to work as designed, including by using automated systems and algorithms to analyze and customize your Photos; and (4) developing new technologies and services for CLICKOLOGY . We will not use or modify your Photos for any purposes other than the foregoing without obtaining your express permission.
- You are responsible for monitoring and creating backup copies of the Photos stored in your account. CLICKOLOGY Digital Photo Center is not provided to you under any warranty. CLICKOLOGY will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
- CLICKOLOGY reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs that are signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present CLICKOLOGY with a signed copyright release. Copyright owner release forms and copyright permission release forms are available in-store at the CLICKOLOGY Digital Photo Center.
- CLICKOLOGY will not assist in the copying of any state or federal document, including but not limited to driver’s licenses, passports, and social security cards.
- As a convenience to CLICKOLOGY customers, CLICKOLOGY may make third-party software available through the CLICKOLOGY Digital Photo Center either through physical distribution or by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.
- CLICKOLOGY uses commercially reasonable efforts to maintain the availability of the CLICKOLOGY Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, CLICKOLOGY will not be liable to you for any unexpected outage or disruption of service. One-hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.
- Making available any Photos to CLICKOLOGY for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by CLICKOLOGY , its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
- You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the CLICKOLOGY Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the CLICKOLOGY Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
I. CLICKOLOGY Registry for Good
Any use of the CLICKOLOGY Registry for Good (available at CLICKOLOGY) is subject to the following additional terms:
- Participation in Registry for Good Site is limited to CLICKOLOGY accounts that have been associated with an eligible recognized 501(c)(3) organization (“Charity”) as verified by CLICKOLOGY or its third party service provider. Each CLICKOLOGY account may create only one Registry for Good.
- Charities may be required to verify their compliance with these Terms, including verification that the Charity meets, or continues to meet the definition of a charity. CLICKOLOGY may monitor the Charity’s website or other information to verify its compliance with these Terms.
- Charities may elect to make their Registry for Good searchable on the Registry for Good Site or may elect to make the registry private and available only to those who have a link.
- Charities are solely responsible for compliance with all solicitation regulations under each jurisdiction where they promote their Registry for Good, or the Registry for Good Site or any portion thereof.
- Charities acknowledge and agree that they are not entitled to receive, and CLICKOLOGY will not provide, any identifiable customer information in respect of purchases made from any Registry for Good. CLICKOLOGY will not promote any Charity or its Registry for Good.
iii. List Address
- CLICKOLOGY customers may purchase items selected by a Charity for its registry and choose to direct CLICKOLOGY to deliver them to the address designated by the Charity (“List Address”) or customers may choose to deliver the items to the Charity directly.
- List Addresses provided by the Charity must be owned or leased by the Charity. Charities must promptly update their List Address (and any other information requested by CLICKOLOGY ) if the Charity address changes or it ceases holding a valid ownership or leasehold interest in the List Address. An agreement with a mail delivery agent or delivery service is not considered a leasehold for purposes of these Terms. By participating in the Registry for Good program, Charities consent and allow CLICKOLOGY or any of its affiliates to share the List Address with any seller that offers items on your Registry for Good that a customer elects to purchase and send to the Charity List Address.
iv. Charity Promotion
- Charities may only promote or link to their Registry for Good on their own website, user-generated content published through a social media account, or page belonging to the Charity, offline mailings, or email correspondence, and may only use such of CLICKOLOGY’s trademarks or logos, links to the Registry for Good Site, or other CLICKOLOGY Content CLICKOLOGY may make available to the Charity, in all cases in accordance with the following restrictions:
- Charities may not promote or link to the Registry for Good, or the Registry for Good Site, in a way that is misleading, illegal, or confusing to viewers or that does not accurately represent the Registry for Good program.
- Charities may not state, or imply that CLICKOLOGY funds, endorses, supports or is otherwise engaged in business with a Charity.
- Charities may not request, collect, obtain, store, cache, or otherwise use any account information of, or used by, other CLICKOLOGY customers
- Charities may not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the CLICKOLOGY Content or the Registry for Good Site.
- Charities may not frame your Registry for Good or the Registry for Good Site, or any part of it, on your own website, social media account, mailings or correspondence. Displaying a link in accordance with these Terms will not be considered framing.
- CLICKOLOGY reserves the right to terminate any Charity participation in the Registry for Good, or suspend access to the Registry for Good site for violation of these Terms, in addition to any other remedies available to CLICKOLOGY under these Terms or applicable law.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, CLICKOLOGY ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A CLICKOLOGY ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO CLICKOLOGY ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE CLICKOLOGY SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO CLICKOLOGY ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE CLICKOLOGY SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the CLICKOLOGY Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and CLICKOLOGY will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from CLICKOLOGY . Please note that we do not endorse any of the products or services listed on such site.
24. How to Contact Us
If you have any questions or comments, please contact us at CLICKOLOGY. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.