Terms of Use
By registering an account on the Clicky web site ("Site" or "Service"), a service provided by Roxr Software Ltd ("Roxr" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").General
Roxr does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. Roxr also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness or fitness for any particular purpose.To the full extent permissible by law, Roxr disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
The Site contains links to external sites. Roxr is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Roxr. Roxr disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
Unacceptable usage
You may not use the Service to track any of the following:- ads, widgets, or other items designed for deployment on third-party web sites
- sites designed to display ads instead of content
- sites considered "spammy", per Roxr's judgment
- sites containing illegal material
- sites containing viruses, trojans, or other harmful material
Privacy
Roxr values the privacy of its users. Roxr will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law.Roxr makes data available to the public about trends in internet usage, such as web browser and operating system market share, on the following web page: http://getclicky.com/global-marketshare-statistics. These reports are generated from the data from every web site being monitored by the Service. These reports are generic in nature and do not contain any personally identifiable information.
Visitor data tracked
When a visitor views a page on your site with the tracking code installed, the following data is sent to our tracking servers and logged to your account:- Page URL
- Page title
- Referrer
- Web browser
- Operating system
- IP address
- Language
- Screen resolution
Account
You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify the Company immediately of any unauthorized usage.Data
By using the Service, you agree to allow Roxr to collect and store data on your web site traffic. Roxr may randomly use your traffic data for internal feature development and bug fixing purposes. Otherwise, your data is treated as private and confidential, unless you elect to make it publicly accessible. Roxr also monitors the traffic levels of all registered sites on a regular basis, to ensure no site is putting an unnecessary burden on its resources.Cancellation
Roxr may cancel or delete any account, for any reason, with or without notice - the exception being white label accounts, for which we will give you thirty (30) days notice. If you wish to cancel your account, you must notify Roxr by email to sean@getclicky.com. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted.Payments
Premium and White Label service is billed in advance on a monthly or yearly basis. As there is a 21 day trial of premium service for all new accounts before any payment needs to be made, there will be no refunds for premium service except under special circumstances, as determined by Roxr. For white label service, Roxr will refund the first payment made within seven (7) days of activation, minus the $99 setup fee. Your access to the Service will be deactivated without notice for failure to pay any amount due within seven (7) calendar days of the due date.License
Roxr hereby grants you a revocable, non-exclusive, non-transferable license to include the Company-provided JavaScript ("Script") in the HTML code for web page(s) that are properly registered for the Service and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s). You shall not (i) use, reproduce, modify or create derivative works of the Script, or (ii) allow third party access to all or any portion of the Script or Service.Representations and Warranties
You represent and warrant to Roxr that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Roxr and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Roxr does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Roxr shall not be responsible for unauthorized access to or alteration of your data.
Term and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.Upon any termination of this agreement, (i) Roxr will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Roxr will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
You understand that keeping the Script on your web site consumes bandwidth (and hence, money) of the Company for every page view on your web site. Failure to remove the Script from your web site upon termination may force Roxr to take drastic measures to gain your compliance. Such measures are determined on a case by case basis.
Disclaimer
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.Limitations of Liability
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.
