Account and Security

You must register and create an account and provide certain personal information to access most of the Platform. 

• You agree that the information you provide to us via your account is accurate and that you will keep it accurate and up-to-date at all times. 

• You are responsible for safeguarding your account and password, and you accept responsibility for all activities that occur via your account. Clearitty disclaims any liability for third-party actions made via your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. 

When you set up an account to access the Platform, we create a profile for you that will include information, including personal information, you provide us (“Profile”). For the avoidance of doubt, it is clarified that Content (as defined below) does not include personal information about you.

Proprietary Materials 

The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Clearitty and licensors of Clearitty (collectively, “Proprietary Materials”), including without limitation Content (as defined below), aggregated data, analytics, software in source code and object code, text, photos, graphics and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium.

Clearitty reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms of Use. No posting, copying, scraping, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission. 

The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. If you give feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise. 

Other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. Clearitty is using these third-party trademarks, service marks, or logos with the permission of the trademark owner or for identification purposes only.

We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that are suspected or claimed to be infringing on the rights of others.

User Generated Content

In these Terms of Use, “Content” means any material (including without limitation reviews and other text) that you submit to the Platform, for whatever purpose. 

The Content submitted is subject to our Contribution Guidelines found at https://www.clearitty.com/contribution-guidelines, which is hereby incorporated by this reference.

The Content submitted to the Platform, including all intellectual property rights therein and aggregated data and analytics derived therefrom, shall be owned by Clearitty. We hereby grant you a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, communicate, and distribute your Content. For the avoidance of doubt, it is clarified that the aforesaid license is only with respect to the original Content submitted by you to the Platform, and not any derivatives, amendments or improvements thereof, and that the aforesaid license does not derogate from any rights Clearitty has in any Proprietary Materials.

If under applicable law ownership of the Content may not be vested in Clearitty, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, analyze, reproduce, adapt, publish, translate, communicate, publicly perform, publicly display, and distribute your Content. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any Content to the Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Platform, or stored on our servers, or hosted or published on the Platform; however, we do not undertake to monitor and review all such material submitted, stored, hosted or published on the Platform.

These Terms of Use also apply to Content you submitted prior to the date of the last update of these Terms of Use (as mentioned above). If you object to these Terms of Use, then during a period of 45 days as of the last update, you may contact us and request that your Content, submitted prior to such time, be deleted.

Acceptable Use 

You must not:

• Use the Platform in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 

• Use the Platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. 

• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Platform without our express written consent. 

• Republish material from the Platform (including republication on another website)

• Sell, rent, or sub-license material from the Platform.

• Reproduce, duplicate, copy, or otherwise exploit material on our Platform for a commercial purpose.

• Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform.

• Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Platform.

• Violate or attempt to violate the Platform’s security mechanisms, attempt to gain unauthorized access to the Platform or assist others to do so, or otherwise breach the security of the Platform or corrupt the Platform in any way.

We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms of Use or if your or behavior exceeds reasonable limits, as determined in our sole discretion.

Warranty Disclaimer

CLEARITTY DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THE PLATFORM, NOR COMMIT TO ENSURING THAT THE PLATFORM REMAINS AVAILABLE OR THAT THE MATERIAL ON THE PLATFORM IS KEPT UP-TO-DATE. 

USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. CLEARITTY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARITTY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT (i) THE PLATFORM OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT CLEARITTY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND CLEARITTY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM.

Links to Other Sites

The Platform may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content, or products. We are not responsible to you for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

Export Controls

The Platform may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

General Terms

Non-Waiver. Failure by Clearitty to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.

Severability. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

Governing Law and Jurisdiction. These Terms of Use, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms of Use, or the performance under these Terms of Use, are governed by and will be construed and enforced in accordance with the laws of the State of New York, except conflict of laws provisions therein. Any action or other judicial proceeding for the enforcement of these Terms of Use or any of its provisions shall be instituted exclusively in the state or federal courts located in the State of New York. YOU AND CLEARITTY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO TRIAL BY JURY. 

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES THAT ARE BASED UPON, ARISE OUT OF, OR RELATE TO THESE TERMS OF USE, MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.  CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. 

Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARITTY, ITS AFFILIATES, SUPPLIERS AND PARTNERS, AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUPPLIERS, AND SERVICE PROVIDERS, HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES, OR FOR ANY LOSS OF DATA, REVENUE OR PROFIT, EACH ARISING FROM OR RELATED TO THE PLATFORM, YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF CLEARITTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF CLEARITTY, ITS AFFILIATES, SUPPLIERS AND PARTNERS, AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUPPLIERS, AND SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO US$100.

Indemnity. You agree to indemnify and hold harmless Clearitty and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any Content, your use of the Platform, your connection to the Platform, your violation of these Terms of Use or your violation of any rights of any third-party. 

Equitable Relief. You acknowledge that a breach of these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms of Use, in whole or in part. 

DMCA. It is the policy of Clearitty to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by providing the following information to Clearitty:

• Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this DMCA Notice of Alleged Infringement (“Notice”), you may provide a representative list of the copyrighted works that you claim have been infringed;

• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform or the exact location where such material may be found;

• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address;

• Include the following statements in the body of the Notice:

  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature. 

The Notice, with all items completed, may be delivered to Clearitty by email at info@clearitty.com.

Upon receipt of a Notice, with all items completed, Clearitty will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform. Clearitty’s receiving, investigating, or responding to your Notice does not constitute Clearitty’s agreement or verification of your claim(s) or any admission of liability therefor. 

Contact. If you have a question about these Terms of Use, please contact us at: info@clearitty.com.