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Store Terms Of Use

Introduction to Clique - Clique Sites, Clique Services, Clique ID, and Clique Mobile

This website is one of many operated by Clique ("Clique"), a service of Sparkart Group, Inc. These Terms of Service ("TOS") govern each user's access to and use of all sites and services provided by Clique (the "Clique Sites" and "Clique Services"), whether accessed through the World Wide Web, mobile telephone, or any other medium or device now known or hereafter invented. The Clique Services may include any one or more of the following: accessing, viewing and/or using a Clique Site, whether publicly accessible or with restricted access; fan clubs and subscription sites; contests; email subscription lists; search services; Clique ID (described below); Mobile Services (also known as Clique Mobile, and described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Clique Site.

Included among the various Clique Services is Clique ID, a Web-based service that makes it easy for you to sign in and or register for various sites and services and conduct various online transactions ("Clique ID" and the "Clique ID Service"). The Clique ID Service is a common account system that makes it possible for you to use your e-mail address and a single password to sign in to the various Web sites, services, and systems participating in the Clique ID system.

The Clique Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to Clique Services via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to text messages, and (iii) the ability to browse the Clique Services from your mobile phone (Mobile Web) (collectively, "Clique Mobile" or the "Mobile Services"). Whether or not Clique charges for some or all of these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Age Requirements

In order to use the Clique Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the Clique Services or any Clique Site and you are instructed to leave this website and not access any other Clique Site. If you are between the ages of 13 through 17 years-old, you may use the Clique Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, at our own discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Clique Services while not under the supervision and/or without the written consent of your parent or legal guardian.

Legal Agreement Between You And Clique; Visitors and Registered Users

These Terms of Service (TOS) constitute a legal agreement between you (the user of the Clique Services) and Sparkart Group, Inc. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Clique Services. By using Clique Services, you agree to be legally bound by this TOS, whether you are a "Visitor" (which means that you simply browse any Clique Site or Clique Services) or a "Registered User" (which means that you have registered as a user of Clique Services). As used herein, the term "users" refers to Visitors and Registered Users of the Clique Services. You are authorized to use Clique Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave the Clique Site and discontinue use of Clique Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Clique Services.

Modification of these Terms of Service

Clique may wish to update or change this TOS from time to time to reflect changes in the Clique Services, changes in the laws affecting the Clique Services, changes in Clique's policies, or for other good reasons. When we do, Clique will endeavor to provide notice to users in one or more of the following ways: (1) Clique will update the "last updated" date at the bottom of this TOS; (2) Clique may post notice of the update as a news post on the Clique Site; and/or (3) Clique may email notice of the update to the Registered Users. You understand that Clique reserves the right to make these changes and that you are responsible for regularly reviewing this TOS, as posted on the Clique Sites. Continued access to or use of the Clique Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Clique Services shall be subject to the Terms of Service, as modified from time to time.

Privacy and Personal Information

You may be required to register to use the Clique Services. By registering as a user of the Clique Services, you will be automatically registered with a Clique ID. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored. Clique agrees that it will only use and/or disclose your personal information in accordance with the terms of the Clique Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Clique Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.

Personal and Non Commercial Use Only

You may use the Clique Services for your own personal and non-commercial purposes only. Each Clique account is to only be used by a single user only, and you may not share or allow or permit anyone else to use your Clique account to access the Clique Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Clique Services except as expressly provided in this TOS.

Illegal and/or unauthorized use of Clique Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Clique Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Clique Site. Except as expressly authorized per a written agreement with Clique, Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Clique reserves the right to remove them from user profiles or other areas of a Clique Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Clique Services.

Purchasing Terms — Merchandise

Pricing and Payments

All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Clique's sole discretion.

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

Shipping

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Clique is not responsible for non-receipt of orders that have been deemed delivered. Clique is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

Domestic Shipping (US): Our domestic carriers are USPS and FedEx. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. Shipping charges are determined by the number, weight, and type of items ordered and the shipping carrier and service selected. We do not ship COD.

International Shipping (Outside The US): Our international carrier is DHL Worldmail. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Clique, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

Refunds, Returns and Exchanges

There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

Clique will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Clique (see the Undeliverable Packages section below for details). Clique will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Clique to:

Hold your entire order until the item or items that are out of stock are re-stocked; OR
Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Clique); OR
Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR
Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Clique will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

Unshipped Pre-orders

If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Clique Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Clique you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Clique will not re-ship any order that is classified as undeliverable and returned to us.

State Sales Tax

In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order total pre-tax, which includes shipping and handling (where required) and gift wrap (where required and if applicable) gift wrap.

Customer Service

Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays PST. Should you have any questions regarding your order or anything else, please contact Clique Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

Purchasing Terms — Tickets

Tickets Sales for Concerts or other Events

Except for VIP tickets in certain limited circumstances, ticket sales on a Clique Site or through the Clique Services are operated by third-party vendors. As such, Clique is not responsible for any issues that may arise regarding such ticket sales. Please contact the ticket vendor for customer support associated with such ticket sales.

In certain limited circumstances, VIP ticket packages are sold on a Clique Site or through the Clique Services directly from Clique. For such limited circumstances, please review the "VIP Tickets Sold by Clique" section below.

With respect to all tickets (whether sold directly by Clique or through a third party vendor), Clique makes no guarantees that tickets will be available to members or other users of a Clique Site or through the Clique Services. Any available tickets will be made available on a first-come, first-serve basis for select performances only, and Clique does not represent or warrant that tickets will be available for every concert or event date, or for every user. Clique makes no guarantees with respect to the availability of tickets nor does Clique make any warranties or representations with respect to any tickets received. All events are subject to cancellation or postponement without notice. Please consult with the relevant venue for seating information prior to purchase and any changes to the show schedule.

VIP Tickets Sold by Clique

In certain limited circumstances, VIP ticket packages are sold on a Clique Site or through the Clique Services directly from Clique. For such limited circumstances, these terms apply.

Pricing and Payments. All prices are in US Dollars unless otherwise indicated. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Clique's sole discretion.
Order Processing. Before purchasing VIP tickets, carefully review your event, your seat selection, and your shipping address. All VIP ticket orders are processed as soon as they are received and cannot be cancelled, changed, or combined.
Shipping. Any merchandise package included in your VIP ticket package will be shipped by the carrier chosen and in the timeframe specified during checkout. Merchandise packages shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. VIP ticket purchasers with an international shipping address are responsible for any and all duties and taxes that may be incurred upon delivery of their merchandise package. If you refuse to pay duties or taxes, your merchandise package will be returned to Clique, will not be re-shipped, and no refund will be given.
Refunds, Returns and Exchanges. There are no refunds, returns, or exchanges. All sales are final: Clique will not issue exchanges or refunds after a VIP ticket has been purchased or for lost, stolen, damaged, or destroyed VIP tickets. Clique is not responsible for and will not reship or issue refunds or exchanges for any VIP ticket merchandise packages that are (a) not received but deemed delivered or (b) not received due to failure to properly submit an accurate and complete shipping address during the checkout procedure or (c) not received as they were classified as undeliverable by the shipping carrier and returned to Clique.

You agree that you will not attempt to evade, avoid, or circumvent this policy in any manner with regard to VIP tickets you purchased. Without limiting the generality of the foregoing, you will not contact Clique to seek a refund or exchange and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase VIP tickets from the Site. Should you do so, your VIP tickets may be cancelled, and Clique may, in its sole discretion, refuse to honor pending and future VIP ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
License; Ejection and Cancellation; No Redemption Value. Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund.

You Are Subject to Search. You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Cancelled / Postponed Events. Occasionally, events are canceled or postponed by the promoter, artist or venue. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. Clique typically only offers refunds and/or exchanges based on the promoter's, artist's or venue's instructions. Clique is not obligated to issue a refund except to the extent that the promoter, artist, or venue responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter's, artist's or venue's instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter's, artist's or venue's discretion.

If (1) the merchandise package included in your VIP ticket package has shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Clique issues you a refund for your VIP ticket, Clique will issue a refund of a percentage of the total amount paid, excluding shipping & handling; such percentage depends, in part, upon the respective values of the ticket and the merchandise included, and will be determined by Clique in its sole discretion. If (1) your VIP ticket package does not include a merchandise package or the merchandise package included in your VIP ticket package has not shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Clique issues you a refund for your VIP ticket, Clique will issue a refund of 100% of the total amount paid, including shipping & handling If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Clique will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
State Sales Tax. In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order total pre-tax, which includes shipping and handling (where required) and gift wrap (where required and if applicable).
Customer Service. Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Clique Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

Purchasing Terms - Subscriptions

Pricing and Payments

All prices are in US Dollars. Prices are subject to change from time to time in Clique's sole discretion. The subscription or membership fee represents the price of the subscription or membership and not the price of the membership welcome package or other complimentary merchandise, which (if included) is included free with the purchase of the membership or subscription. Clique will accept payment via MasterCard or Visa, and sometimes American Express only if so specified on the site. In the event of a credit card chargeback, your subscription will be placed on hold and made inaccessible until resolution of the chargeback, and there will be no credit or refund for the period that your subscription is inaccessible. Mail-in payments are accepted for the purchase of certain subscriptions and memberships, but only if so specified on the applicable site. Where mail-in payment are permitted, they must be in the form of cashier's check or money order; please do not mail cash or personal checks.

Order Processing

Orders for Subscription Services paid by credit card are processed immediately and cannot be cancelled or changed once they have been processed. Where mail-in payments are permitted, orders paid by mail-in payments may take four to six weeks to process. Please ensure that the shipping address you provide during the signup procedure is accurate and complete before placing your fan club membership or other subscription order. Your shipping address cannot be changed once your order has been processed.

Shipping

Any membership welcome package or complimentary merchandise which may accompany a fan club membership or other subscription will be shipped 6-8 weeks from the time of purchase where available. The typical delivery timeframe is 8-10 weeks from the time of purchase, but please allow up to 12 weeks for delivery. Subscribers with an international shipping address are responsible for any and all duties and taxes which may be incurred upon delivery. If you refuse to pay duties or taxes, your package will be returned to Clique, will not be re-shipped, and no refund will be given.

Any membership welcome package or complimentary merchandise which accompanies a fan club membership or other subscription will be deemed delivered when the shipping company provides confirmation that the package has been successfully delivered to the shipping address you provided during the signup procedure. Clique is not responsible for non receipt of membership welcome packages or complimentary merchandise that have been deemed delivered. Clique is also not responsible for non receipt of membership packages or complimentary merchandise if you did not properly submit your correct and complete shipping address during the signup procedure.

Refunds, Returns and Exchanges

Fan club memberships and all other Clique Site and Clique Service subscription sales are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Clique Site and Clique Service subscription purchases) include only access to the fan club (or other subscription-based Clique Site or Clique Service). Any physical merchandise which may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason.

Undeliverable Packages

If for any reason any membership welcome package or complimentary merchandise associated with the purchase of a subscription service is classified as undeliverable and returned to Clique, we will not issue a refund and will not re-ship.

Ticket Sales for Concerts or other Events

Customer Service

Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Clique Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

Technical Requirements

In order to use the Clique Services, we recommend the hardware and software specified below. Clique is not responsible for any failure to operate the Clique Services resulting from you not using the recommended hardware and software.

Computer:

Any computer with the Windows (versions XP, Vista, or higher) or Mac OS X (version Tiger 10.4 or higher) operating system; and
Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below

Web Browser Software:

Microsoft Internet Explorer version 7.0 SP2 or higher
Mozilla Firefox version 3.0 or higher
Apple Safari versions 3.0 or higher
Google Chrome version 1.0 or higher

In addition to using one of the aforementioned browsers, the following features must be enabled:

Cookies
Javascript
Adobe Flash Player Plug-in version 8.0 or higher

Please refer to your browser's documentation for information on how to enable these features. Other browsers are unsupported and are not guaranteed to function or display correctly. If your browser isn't listed above, we recommend that you use one of the following browsers:

Delay or Failure to Provide Services

Clique is not responsible for any delay or failure to provide content, materials or other services where such delay or failure is due to causes outside of Clique's control, including but not limited to system downtime, internet connectivity issues, power outages, and failure of a particular recording artist or their management to make materials available to Clique in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Third-Party Sites

Clique Sites contain links to other websites controlled or operated by persons and companies other than Clique ("Linked Sites"). The Linked Sites are not under the control of Clique and Clique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clique is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Clique responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Clique of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Clique Services or are identified on Clique Sites, including the delivery of and payment for goods and services.

Your Feedback and Suggestions Submitted To Clique

Clique wants your voluntary feedback and suggestions regarding the Clique site and the Clique Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Clique needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Clique, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Clique's use of the materials contained within such feedback or suggestions. Clique is under no obligation to post or use any materials you may provide and may remove such materials at any time at Clique's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Clique Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Clique Privacy Policy

Software Available on the Clique Services

All software (if any) that is made available to view and/or download from the Clique Services ("Software") is owned by and is the copyrighted work of Clique and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Clique hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Clique Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Clique and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Clique for which money damages would be inadequate and in such event Clique will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

CLIQUE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE CLIQUE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLIQUE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL CLIQUE, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLIQUE SERVICES, WITH THE DELAY OR INABILITY TO USE THE CLIQUE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE CLIQUE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CLIQUE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLIQUE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLIQUE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLIQUE SERVICES. In no event will Clique's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Clique Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination and Restriction of Access

Clique reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Clique Services or any portion thereof at any time, without prior notice. Clique may also terminate or suspend your access to the Clique Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Clique. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Clique Services, Clique will not terminate your access to the Clique Services prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this TOS. If your Clique Services subscription is terminated for good cause, or if you cancel your Clique Services subscription prior to the expiration of the subscription period for any reason, Clique will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Clique account, your right to use the Clique Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Clique shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Clique Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to events, Clique reserves the right, in its sole discretion, to refuse you admittance to any event associated with or related to the Clique Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.

Dispute Resolution: BINDING ARBITRATION

Any dispute or controversy between you and Clique (or any assignee or other successor-in-interest of Clique) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Clique Services, shall be resolved through final and binding arbitration in Oakland, California. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys' fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator's fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Clique shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.

Miscellaneous

This TOS is governed by the laws of the State of California, U.S.A. without regard to its rules pertaining to conflicts of law. Clique makes no representation that materials on a Clique Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Clique Site or use Clique Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clique as a result of this TOS or use of the Clique Services. You may not assign this TOS without the prior written consent of Clique. Clique may assign this TOS, in whole or in part, at any time. Clique's performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Clique's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Clique Services or information provided to or gathered by Clique with respect to such use. You agree to indemnify and hold Clique, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Clique Services. If any part of this TOS are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Clique with respect to the Clique Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Clique with respect to the Clique Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

"Sparkart", "Clique", "Clique ID", and "Clique Mobile" are trademarks and service marks of Sparkart Group, Inc. The company, product, and brand names of companies, products and services mentioned herein or on a Clique Site or Clique Service may be the trademarks and service marks of their respective owners.

Sparkart Group, Inc. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Clique Services or on a Clique Site. Except as expressly provided in this TOS, the provision of the Clique Services and the display of Clique Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Consumer Notice

Sparkart Group, Inc. is a California corporation. Pursuant to California Civil Code § 1789.3, Sparkart Group, Inc. sets forth the following: (a) Sparkart Group, Inc. is located at 1714 Franklin Street, 2nd Floor, Oakland, CA 94612; (b) the fees and charges imposed on consumers of Sparkart Group, Inc. vary depending on the services you choose; and (c) if you have any complaints about Sparkart Group, Inc. or wish to receive further information about Sparkart Group, Inc., please contact Customer Support. For complaints against Sparkart Group, Inc., you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; or (4) writing to Department of Consumer Affairs, Consumer Information Division,

1625 North Market Blvd., Suite N, 112
Sacramento, CA 95834.

Last Updated: February 18, 2009