Welcome to Clip-It! Mulitple User License Setup

Terms and Conditions :
This document contains important information regarding the terms and conditions which apply to your obtaining Clip-It!, (hereafter "the service") a proprietary software of Smartware, LLC hereinafter referred to as "Smartware". Your access to and use of Clip-It! is subject to your compliance with all the terms and conditions set forth in this agreement. You understand and acknowledge that Smartware may modify or change the terms and conditions set forth herein by posting such modifications or changes online. REPRESENTATION AS TO CAPACITY TO ENTER INTO AGREEMENT You represent that you are of required legal age to enter into this agreement and that no one except you has any interest in any of your accounts with us. You represent and warrant that the information you supply in your new account documentation and all other information requested by Smartware and provided by you is accurate and truthful. In consideration of Smartware accepting and maintaining an account for you, you hereby agree that you have read, understand, consent and agree to all terms and conditions outlined in the following agreement and appendices. This Agreement includes Smartware's Privacy Policy incorporated herein by reference, and governs Your use of the Service. DESCRIPTION OF SERVICE. The Service allows a user to save and organize web pages to his/her personal archive. The Service also allows a user to e-mail articles to other online users. The service also provides the user with access to an online forum and links to the most frequently clipped articles by all Clip-It! users. 1. THE SERVICE. You understand and agree to the following: (a)if you choose to register, You must submit a valid e-mail address and select a password and user name during the registration process which provides access to your account. You are the sole and exclusive owner and are the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password. You accept full responsibility for the monitoring and safeguarding of your accounts. You are solely responsible for any and all activities that occur under Your account. You will immediately notify Smartware in writing, delivered via e-mail if you become aware of any loss, theft or unauthorized use of your password and user name. You will be instructed how to create a new Password. You will still be able to access Your previous account information and content. If You elect to replace Your account by the means of deleting Your current account and creating a new account, You shall be unable to access Your previous account information. You understand and agree that the content of all users, including Your content will be collected, aggregated and anonymously integrated into the Service by Smartware for the purpose of providing such information to other Smartware users, content providers and advertisers and for other purposes, including, without limitation, statistical and analysis purposes and other services Smartware deems beneficial to its users and affiliates. You understand and agree that unless expressly stated, Smartware in no way reviews, controls, examines, verifies or endorses any of the information contained on or in the Service, including but not limited to links, Internet Web sites, advertisements, products, goods, services or promotions; and (c) any dealings with advertisers on the Service or participation in promotions, including the delivery and the payment for goods or service and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the advertiser or third party. Smartware shall have no responsibility or liability to You for any such dealings or promotions. 2. REGISTRATION PROCESS. If You decide to register for the Service, You must complete the Smartware registration screen. As part of the registration process for the Service, You agree to: (a) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested on original sign up shall be referred to as registration data ("Registration Data"). Smartware reserves the right to refuse the Service to any user. 3. SOFTWARE. In accordance with Your authorized use of the Service, Smartware grants You a limited license to use the Software solely in connection with the Service offered by Smartware. Smartware and the Smartware logo, and other names, logos, icons and marks identifying Smartware's products and services are trademarks of Smartware and may not be used without the prior written permission of Smartware. Except as otherwise expressly set forth in this Agreement, You may not copy, reproduce, distribute, or create derivative works of the Software without Smartware's express written authorization. Further, You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Software. All rights not expressly granted in this Agreement are reserved to Smartware. You may use the Software on any computer under Your full control. You shall not remove, cover or obscure any trademark, copyright and other proprietary notices or legends included on the Software. You understand and agree that any uploading will be at Your sole risk and Smartware shall not be responsible to You in any way. Further, Smartware does not provide any warranty as to Your use of any third party content or software that You download from the Smartware site. 4. USER CONDUCT. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any downloadable software or other materials or any information obtained by You without the express written consent of Smartware. You are solely responsible for the content of Your transmissions through the Service. Smartware does, however, reserve the right to take any action with respect to the Service that Smartware deems necessary or appropriate in Smartware's sole discretion if Smartware believes You or Your transmissions or use of the Service may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (a) to comply with all laws, rules and other regulations applicable in connection with the Service; (b) not to interfere or disrupt networks connected to the Service; (c) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not to use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) You will not interfere with another user's use and enjoyment of the Service. 5. LINKS TO THIRD PARTY SITES. Any links included within the Service may permit You to leave the Service. These linked sites are not under the control of Smartware and Smartware shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. Smartware is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. Smartware is providing these links to You as a convenience. 6. PRIVACY. Please see our Privacy Policy incorporated herein by reference. 1. Monitoring and Recording Telephone Conversations and E-mail For your protection and for the protection of Smartware, and as a tool to correct misunderstandings, you understand, agree and authorize Smartware, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and any of Smartware's employees or agents Smartware and to monitor your electronic communications conducted with us. 7. TERMINATION. Smartware may immediately terminate Your membership and right to use the Service if (a) You breach this Agreement; (b) Smartware is unable to verify or authenticate any information You provide to Smartware; (c) such information is inaccurate; or (d) Smartware decides, in its sole discretion, to discontinue offering the Service. Smartware shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time, effective immediately by deleting any and all copies of the Software and requesting closure of Your account. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (a) discontinue use of the Service; (b) delete all copies of the Software; and (c) notify Smartware of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases. 8. MODIFICATIONS. Smartware may amend this Agreement at any time by (a) posting a revised Smartware Terms of Use document on the Smartware.com, savethis.com, or emailthis.com domains and/or (b) sending information regarding the amendment to the Agreement to the e-mail address You provide to Smartware. You are responsible for regularly reviewing the Smartware World Wide Web sites to obtain timely notice of such amendments. Any continued use of the Software or Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms. Otherwise, this Agreement may not be amended except in writing signed by both parties. Furthermore, Smartware reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. Smartware shall not be liable to You or any third party should Smartware exercise its right to modify or discontinue the Service. 9. DISCLAIMER OF WARRANTIES. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF Clip-It! IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SMARTWARE SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. NEITHER SMARTWARE, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SMARTWARE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SMARTWARE, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SMARTWARE, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF SMARTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER SMARTWARE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SMARTWARE HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST SMARTWARE ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE. 12. GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of Illinois, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Illinois and You consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Smartware's failure to act with respect to a breach by You does not waive Smartware's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Smartware shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Smartware's reasonable control. Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail at the e-mail address provided by You during registration. 13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, You agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms.
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