Terms and Conditions

Please read these terms of use (“terms”) carefully before using Clueo. By accessing, browsing and/or using these service, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these terms of use and the applicable guidelines set forth on the websites for any mobile apps you download. If you do not agree to the terms of use and the applicable guidelines, then you are obliged to cease using the services immediately. If you are entering into this terms of use on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind the legal entity.

1. INTRODUCTION

These Terms and Conditions contained herein on this webpage, shall govern your use of Clueo, including all pages within this website and the Clueo App (collectively referred to herein below as the “Service”). These Terms apply in full force and effect to your use of Clueo and by using the Service, you expressly fully accept all terms and conditions contained herein. You must not use the Clueo App or any of the Service, if you have any objection to any of these Terms and Conditions. By using this service, you agree that you are of at least 18 years of age, or using this site under a parent or guardian’s supervision, and are legally capable of entering into a contract.

 

2. PROPRIETARY RIGHTS

All contents of the Service including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement belong to Clueo, and/or its suppliers, affiliates, or licensors. Clueo or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Clueo about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Clueo.

 

3. RESTRICTIONS

You are expressly and emphatically restricted from all of the following:

  1. selling, sublicensing and/or otherwise commercializing any Clueo material;
  2. using Clueo in any way that is, or may be, damaging to Clueo;
  3. using Clueo in any way that impacts user access to Clueo;
  4. using Clueo contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Clueo, or to any person or business entity;
  5. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Clueo, or while using Clueo;
  6. reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any Clueo Technology;
  7. provide use of the Clueo Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Clueo Technology or "frame" or "mirror" the Clueo Technology on any other server, or wireless or Internet-based device;
  8. use any Clueo Technology (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Clueo or any third party;
  9. Avoiding payment of charges or fees payable by you with respect to the Services;
  10. Committing any act that may be harmful to minors;
  11. Violating any applicable law or regulation
  12. Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.

 

4. Third Party Sites, Links & Ads

The Service may present advertisements for or links to third party websites, products, and/or services ("Third Party Ads"). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Clueo, nor any of its officers, directors, developers, employees and affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

 

5. TERMS AND CONDITIONS FOR PREMIUM USERS

Certain Clueo features require an in-app purchase in order to be used. Clueo offers products for purchase (“in-app purchase”) or services through iTunes or Google Play. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as iTunes or Google Play) ("Payment Method") will be charged for the in-app purchase at the prices displayed to you for the service you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Clueo or the third party account, as applicable, to charge you.

Payment

Payment obligations are non-cancellable and fees paid are non-refundable. We reserve the right to suspend our Services to you until and amounts due are paid in full.

 

6. YOUR ACCOUNT

In order to use certain features of the Service, you may have to register and create an account with Clueo. By creating an account you claim that you are over 18 years of age and that you are legally authorized to enter into agreements according to applicable law.

You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use the service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify Clueo immediately.

Clueo reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.

By accessing the Service using your Facebook credentials, you permit us to access certain information from your profile on Facebook for use by the Service. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook. By using the Service, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook to provide to us.

 

7. NO WARRANTIES

The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and Clueo makes no express or implied representations or warranties, of any kind related to Clueo or the Data and materials contained on Clueo. Additionally, nothing contained on Clueo shall be construed as providing consult or advice to you.

 

8. LIMITATION OF LIABILITY

In no event shall Clueo, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of Clueo, whether such liability is under contract, tort, delict, or otherwise, and Clueo, including its officers, directors, developers and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Clueo Services. Should any mishap occur to you during your use of the Services provided by the Clueo application, you are hereby waiving all your legal rights that may be used against Clueo, or any of its officers, directors, developers and employees, and you hereby declare that, in line with the legal principle of “volenti non fit injuria”, you are solely responsible for any mishap which occurred or might have occurred to you during your use of the Clueo Application Services.  

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clueo, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the Clueo Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Clueo Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Service.

 

10. MODIFICATION AND TERMINATION

Modification of Services

Clueo reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Clueo shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Termination

You agree that Clueo may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your information, files and Content associated with your account, and (c) barring of further use of the Services. Furthermore, you agree that all causes for termination shall be made in Clueo's sole discretion and that Clueo shall not be liable to you or any third party for any termination of your account or access to the Services. These Terms and Conditions shall still be binding upon you following the termination of your account.

 

11. VARIATION OF TERMS

Clueo is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Clueo Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Clueo Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with Clueo application. However, your continued account subscription and your use of the Services provided by the Clueo application shall be construed as an express, clear and unequivocal acceptance of such revised Terms.

 

12. WAIVER AND COMPLETE AGREEMENT

The failure of Clueo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

 

13. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

14. ASSIGNMENT

Clueo shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.

 

15. GOVERNING LAW & JURISDICTION

These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms and Conditions shall be that of the Republic of Malta  The parties agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Clueo shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.

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