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3 Clicks Cloud Terms of Service

This Agreement applies to:

  • The 3clickscloud.com website

  • 3 Clicks Cloud

 

For the rest of this document, these will be referred to as 3 Clicks Cloud. Other 3 Clicks Cloud products and services are covered by other agreements, as specified on Terms of Service & EULA. For clarity, any other product (e.g. a desktop or mobile application) we provide that can be used in conjunction with the 3 Clicks Cloud referenced above remains subject to these Terms.
 

This document is a sister-document to our Privacy Policy. Please make sure you read both carefully before accessing or using 3 Clicks Cloud.

Introduction

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead as much as possible, to make our terms as clear as possible.

Please don’t forget that we are real people, we are not perfect, but we’re trying our hardest, because we genuinely care about your success.

When you read 3 Clicks Cloud or below, it refers to 3 Clicks Cloud as defined in the Privacy Policy.

Our subscription Services include the concept of a Site or Space Owner, or Administrator. For the rest of this document, these will collectively be referred to as Licensees.

Should you have other questions or concerns about this document, please Contact Us!

Using Our Services Means Accepting These Terms

By accessing or using a 3 Clicks Cloud Service in any way, whether you are visiting our websites, have created your own account or are invited to someone else’s company account, you agree to and are bound by the terms and conditions written in this document, as well as our Privacy Policy.

If you do not agree to all of the terms and conditions contained in this document and our Privacy Policy, do not access the 3 Clicks Cloud Service.

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please Contact Us.

We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone.

We improve this document over time. If the changes are significant, we will provide a prominent notice on our home page, product login screens, or by sending you an email notification. By continuing to use the Service, you will implicitly accept the changes we make.

Your access and use of the 3 Clicks Cloud Service is always subject to the most current version of this document.

Support

Support for 3 Clicks Cloud is provided via our website and also via our support page.

Email and phone support is also included, but only provided to Licensees.

Licensees are responsible for first-level support to the people on their 3 Clicks Cloud Service Site or Space or subscription. If you have an issue with your 3 Clicks Cloud Service, contact your Owner(s) first.

We continuously update our documentation so that users can help themselves and Licensees are better equipped to help their users.

We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we will try our best, we do not guarantee 24/7 support.

System Requirements

To access our Services, you need a modern web browser (IE11 or Edge 16+, Chrome 69+, Firefox 68+, Safari 12.1.1+) with cookies and javascript enabled.

Access and Security of Your Data

You can find detailed information on what data we save, how we use it, and how you can access it, correct it and delete it in our Privacy Policy.

We also provide answers to information security questionnaire for each of our Services on our Information Security page.

Intellectual Property Rights

Who Owns 3 Clicks Cloud Materials?

3 Clicks Cloud Materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the 3 Clicks Cloud produced by 3 Clicks Cloud.

 

3 Clicks Cloud Materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the 3 Clicks Cloud Materials may violate such laws and the Terms of Service.

 

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the 3 Clicks Cloud Service or 3 Clicks Cloud Materials or any portions of them.

 

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution 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.

 

The trademarks, logos and service marks displayed on the Services are the property of 3 Clicks Cloud or other third parties. You are not permitted to use them without the prior written consent of 3 Clicks Cloud or such third party that may own the Marks. 3 Clicks Cloud and the 3 Clicks Cloud logo are trademarks of Loggia Corp Pty Ltd.

  • 3 Clicks Cloud Materials may not be modified or altered in any way.

  • 3 Clicks Cloud Materials on 3 Clicks Cloud may not be distributed or sold, rented, leased, licensed or otherwise made available to others.

  • You may not remove any copyright or other proprietary notices contained in the 3 Clicks Cloud Materials.

  • You may not copy or distribute any graphics in the 3 Clicks Cloud Materials apart from their accompanying text.

  • You will not quote or display 3 Clicks Cloud Materials, or any portions thereof, out of context.

  • 3 Clicks Cloud reserves the right to revoke the authorization to view, download and print the 3 Clicks Cloud Materials available via 3 Clicks Cloud at any time, and any such use shall be discontinued immediately upon notice from 3 Clicks Cloud.

  • The rights granted to you constitute a license and not a transfer of title.

  • Any 3 Clicks Cloud Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

 

Who Owns the IP of my content?

User Materials refer to the wireframes and other assets (text, images, photographs, graphics, etc) created or uploaded by users using 3 Clicks Cloud.

 

3 Clicks Cloud does not claim intellectual property rights over User Materials. You acknowledge and agree that 3 Clicks Cloud has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use User Materials.

 

3 Clicks Cloud does not pre-screen User Materials that users provide or otherwise submit via 3 Clicks Cloud; however, 3 Clicks Cloud may remove any posted or submitted User Materials from 3 Clicks Cloud for any reason without notice in its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your User Materials as described in these Terms of Service, including all the rights necessary for you to post or submit your User Materials.

 

In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with 3 Clicks Cloud and as otherwise permitted by these Terms of Service; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Service, including the distribution, public display, public performance and reproduction of such Images.

 

You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via 3 Clicks Cloud. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. 3 Clicks Cloud does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using 3 Clicks Cloud, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.

 

 

 

Reliability

Do You Guarantee That 3 Clicks Cloud Will Be Accessible at All Times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to 3 Clicks Cloud and your data.

 

That said, high reliability is something we are proud of and something we deliberately chose to compete on. We have developers, system administrators and support staff on call, 24/7.

 

We monitor 3 Clicks Cloud closely and have set up automated alarms to be notified when a 3 Clicks Cloud Service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

 

You acknowledge and agree that 3 Clicks Cloud shall not be liable for any failure to store your materials on 3 Clicks Cloud Service at any time.

Play Nice Clauses

Use of 3 Clicks Cloud

You agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.

  • Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any 3 Clicks Cloud Service server, whether through hacking, password mining or any other means.

  • Access or attempt to access any material that you are not authorized to access.

  • Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.

  • Use any materials in any manner that infringes any intellectual property rights or other rights of any party.

  • Disrupt or interfere with the security of, or otherwise cause harm to, 3 Clicks Cloud, 3 Clicks Cloud Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through 3 Clicks Cloud or any affiliated or linked sites.

  • Transmit unsolicited or bulk communications to any 3 Clicks Cloud Service account holder or to any 3 Clicks Cloud.com or affiliated e-mail address.

  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.

  • Create a false identity for the purpose of misleading others.

  • Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.

  • Disrupt, interfere or inhibit any other user from using and enjoying 3 Clicks Cloud or other affiliated or linked sites, materials or services.

  • Access or use 3 Clicks Cloud in any manner that could damage, disable, overburden or impair any 3 Clicks Cloud Service server or the network(s) connected to any 3 Clicks Cloud Service server.

  • Violate any applicable laws or regulations related to the access to or use of 3 Clicks Cloud, or engage in any activity prohibited by the Terms of Service.

  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.

  • Prepare, compile, use, download or otherwise copy any 3 Clicks Cloud Service user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.

  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).

  • Violate the rights of 3 Clicks Cloud or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

  • Use any 3 Clicks Cloud or 3 Clicks Cloud Service domain name as a pseudonymous return e-mail address.

  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by 3 Clicks Cloud.

 

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. 3 Clicks Cloud offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, 3 Clicks Cloud Materials, the 3 Clicks Cloud or another third-party service. You agree that you will not hold 3 Clicks Cloud responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of a 3 Clicks Cloud Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that 3 Clicks Cloud would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that 3 Clicks Cloud is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). 3 Clicks Cloud may without restriction block, filter or delete unsolicited e-mail.

Payment, Cancellation, and Deletion

We offer free 30-day trials for all of our subscription Services. Upon the conclusion of the trial, a paid subscription is required for continued use of our Services.

 

In the event of failed payment, cancellation of a subscription, or no payment for a trial account, the Service will become inactive. The Owner, who is solely responsible, can cancel their subscription Service at any time by Contacting Us.

 

In some instances, we will keep the inactive Service account for at least 30 days before deleting it from our system. This includes free accounts with no activity in the past 12 months, which will be deemed inactive and subject to deletion.

 

Additionally, we reserve the right to discontinue the 3 Clicks Cloud at any time. In this event, 3 Clicks Cloud will announce an End-Of-Life date on the 3 Clicks Cloud website. For subscription Services.

 

 

Restriction and Termination of Use

We may block, restrict, disable, suspend or terminate your access to all or part of the 3 Clicks Cloud at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

 

If you breach any of the terms and conditions in this document, your authorization to access or use the 3 Clicks Cloud Service automatically terminates. Any materials downloaded or printed from the 3 Clicks Cloud Service in violation of the Terms of Service must be immediately destroyed.

 

If you think we removed your access by mistake, Contact Us and we’ll give you our reasoning.

 

 

 

Notification of Copyright Infringement

3 Clicks Cloud will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. 3 Clicks Cloud will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (“DMCA”).

 

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a 3 Clicks Cloud Service or on sites linked to from 3 Clicks Cloud, please provide written notification of claimed copyright infringement to the designated agent for 3 Clicks Cloud, which must contain the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

  • A description of where the content that you claim is infringing is located on 3 Clicks Cloud Service;

  • Information sufficient to permit 3 Clicks Cloud to contact you, such as your physical address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

3 Clicks Cloud’s designated agent for notice of claims of copyright infringement can be reached here.

 

 

 

Links to Third Party Sites

3 Clicks Cloud may include links that will take you to other sites outside of the 3 Clicks Cloud Service. The linked sites are provided by 3 Clicks Cloud to you or the creators of the wireframes as a convenience and the inclusion of the links do not imply any endorsement by 3 Clicks Cloud of any linked site. 3 Clicks Cloud has no control of the linked sites and you therefore acknowledge and agree that 3 Clicks Cloud is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that 3 Clicks Cloud is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

3 Clicks Cloud may run advertisements and promotions from third parties via 3 Clicks Cloud or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via 3 Clicks Cloud or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that 3 Clicks Cloud is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-3 Clicks Cloud advertisers on 3 Clicks Cloud or Materials.

 

 

 

Publicity Rights

(a) The Owner grants 3 Clicks Cloud the right to include the Owner's organization as a customer in Product promotional material.

(b) The Owner can deny 3 Clicks Cloud this right by submitting a written request via email to accounts@3ClicksCloud.com, requesting to be excluded from Product promotional material.

(c) Should the Owner come to be or already be included in Product promotional material, as a result of any prior purchases where the Owner did not request exclusion from Product promotional material, the Owner can at any point in time, submit a written request via email to accounts@3ClicksCloud.com to have 3 Clicks Cloud remove the Owner's organization name from Product promotional material. Upon receipt of such request, 3 Clicks Cloud will remove any reference to the organization from such promotional material within 30 days and make no further reference to it.

 

 

 

Warranties and Disclaimers

The 3 Clicks Cloud and 3 Clicks Cloud Materials are provided by 3 Clicks Cloud under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, 3 Clicks Cloud makes no warranty that:

  1. 3 Clicks Cloud and 3 Clicks Cloud Materials will meet your requirements;

  2. 3 Clicks Cloud and 3 Clicks Cloud Materials will be uninterrupted, timely, secure, or error-free;

  3. the results that may be obtained from the use of 3 Clicks Cloud and 3 Clicks Cloud Materials will be effective, accurate, or reliable;

  4. the quality of any Services or Materials purchased or accessible by you will meet your expectations; and

  5. any errors or defects in 3 Clicks Cloud and 3 Clicks Cloud Materials will be corrected.

 

3 Clicks Cloud and 3 Clicks Cloud Materials may include technical or other mistakes, inaccuracies, or typographical errors. 3 Clicks Cloud may make changes to Materials and Services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. 3 Clicks Cloud and 3 Clicks Cloud Materials may be out of date, and 3 Clicks Cloud makes no commitment to update the Materials and Services.

 

You acknowledge and agree that:

  1. 3 Clicks Cloud does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;

  2. 3 Clicks Cloud makes no representations or warranties whatsoever about any such third parties, their materials or services;

  3. any dealings you may have with such third parties are at your own risk; and

  4. 3 Clicks Cloud shall not be liable or responsible for any Materials or Services offered by third parties.

 

3 Clicks Cloud does not control or endorse the materials found in any Service and specifically disclaims any liability with regard to the Services and any actions resulting from your use of 3 Clicks Cloud and 3 Clicks Cloud Materials and participation in any Services. Managers, hosts, Space Licensees, project members and other third parties are not authorized 3 Clicks Cloud spokespersons, and their views do not necessarily reflect those of 3 Clicks Cloud. To the maximum extent permitted by law, 3 Clicks Cloud will have no liability related to User Materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. 3 Clicks Cloud also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Materials.

 

The use 3 Clicks Cloud, 3 Clicks Cloud Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. 3 Clicks Cloud assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from 3 Clicks Cloud or via the site, Services or Materials shall create any warranty not expressly stated in the Terms of Service. 3 Clicks Cloud will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.

 

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold 3 Clicks Cloud and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through 3 Clicks Cloud, including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials);

  2. your access to or use of 3 Clicks Cloud (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with 3 Clicks Cloud);

  3. your connection to 3 Clicks Cloud;

  4. your violation of the Terms of Service;

  5. the actions of any member of your work group, including non-logged in users you have granted access to the 3 Clicks Cloud you are an Owner for;

  6. your infringement of any third party’s intellectual property rights when using any of the software made available on 3 Clicks Cloud;

  7. your violation of any rights of any third party;

  8. your access to or use of linked sites and your connections thereto; or

  9. any dealings between you and any third parties advertising or promoting via 3 Clicks Cloud.

 

 

 

Limitation of Liability

In no event shall 3 Clicks Cloud, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if 3 Clicks Cloud has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use 3 Clicks Cloud or 3 Clicks Cloud Materials;

  2. the statements or actions of any third party on or via the Services or Materials;

  3. any dealings with vendors or other third parties;

  4. any unauthorized access to or alteration of your transmissions, User Materials or other data;

  5. any information that is sent or received or not sent or received;

  6. any failure to store or loss of data, files, materials or other content;

  7. any Services available that are delayed or interrupted;

  8. any web site referenced or linked to from the Services; or

  9. your access to or use of or inability to access or use any linked site.

 

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

International Users

3 Clicks Cloud can be accessed from countries around the world and may contain references to 3 Clicks Cloud products, Services and programs that are not available in your country. These references do not imply that 3 Clicks Cloud intends to announce such products, Services or programs in your country. The Services are controlled, operated and administered by 3 Clicks Cloud and its affiliates from their offices within Australia. 3 Clicks Cloud makes no representation that the 3 Clicks Cloud and 3 Clicks Cloud Materials are appropriate or available for use at other locations outside of Australia, and access to the Services from territories where the Services or Materials are illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.

 

The export and re-export of 3 Clicks Cloud Software are controlled by Australia Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which Australia embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

 

By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which Australia embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

 

All 3 Clicks Cloud Software, products and publications are commercial in nature. The Software and documentation available on the Services are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Service and the applicable license agreement.

Governing Law and Jurisdiction

3 Clicks Cloud (excluding linked sites) is controlled by 3 Clicks Cloud from its offices within the state of Victoria, Australia. By accessing 3 Clicks Cloud, you agree that all matters relating to your access to, or use of, 3 Clicks Cloud shall be governed by the statutes and laws of the State of Victoria, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and Australia District Court for Victoria with respect to such matters.

General

The Terms of Service and other rules, guidelines, licenses and disclaimers posted via 3 Clicks Cloud or in connection with the Materials and Services constitute the entire agreement between 3 Clicks Cloud and you with respect to your access to or use of 3 Clicks Cloud and Materials superseding any prior agreements between you and 3 Clicks Cloud on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and 3 Clicks Cloud regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other 3 Clicks Cloud, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by 3 Clicks Cloud to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.

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