RightsClick Terms of Service
By using RightsClick, you agree to the following Terms of Service. References to “you” and “your” in this Agreement mean users of the RightsClick service. “We,” “us,” and “our” refer to RightsClick, Inc., aka “RightsClick.” “The Service,” “service,” or “services” refer to the functions and services of the RightsClick software. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. If you do not agree to these Terms of Service, you should not use RightsClick.
By using the RightsClick website or application you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations. If you do not agree to these Terms of Services, please do not use this website or any of our Services Upon termination of your account, either by you or by RightsClick, or refusal to accept these Terms of Service, you will no longer be permitted to access or use RightsClick. Any provisions of these Terms of Service that create or contemplate obligations beyond your authorized access and use of RightsClick shall survive termination. We reserve the right to amend these Terms of Service at any time and from time to time and any change of terms shall be binding and effective upon posting the revised terms on our web site..
You represent that by using RightsClick and agreeing to these Terms of Service that you are at least eighteen (18) years of age and able to enter into a lawful, binding contract.
In the event of a dispute, you agree to use arbitration to seek resolution, which limits your available remedies, instead of any form of litigation, jury trial, or class action. Any dispute arising under these Terms of Service will be governed by the Law of the State of New York. In any such dispute, you agree to pay RightsClick’s attorney’s fees and costs. You agree you will hold RightsClick, its officers, directors, investors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damages, however they may arise.
You warrant that you are authorized to provide the data and copies of works you provide to RightsClick and to take any actions you choose to take using the Service, including authorizing RightsClick’s use as follows: You give RightsClick a nonexclusive license to make any use of the works you provide in order to accomplish the tasks and services you select. RightsClick is not liable for your misuse of data or infringement of any intellectual property law. You agree to indemnify RightsClick for any misuse of data or infringement of intellectual property that arises from information and/or works you have provided.
RightsClick provides a suite of software tools to allow authors, copyright owners, and their authorized representatives to assist in more easily and quickly managing, evaluating, and take actions to attempt to enforce their rights. RightsClick is not a law firm and does not provide legal advice or counsel. RightsClick is not a law enforcement agency. RightsClick does not guarantee success in any attempted copyright registration or enforcement effort. RightsClick is not responsible for collecting or enforcing any promise or agreement, or any judgement from any court or administrative body.
It is your responsibility to provide accurate and complete information to the Service. RightsClick is an automated software tool. The Service does NOT review the information you provide, either for accuracy, completeness, or typographical errors. RightsClick provides general information about common issues and questions concerning copyright law; it does NOT evaluate your responses for legal accuracy, provide any legal conclusions, counsel, or advice, or provide legal recommendations or opinions or apply the law to the information you have provided. If you have questions requiring legal analysis, opinions, or counsel, you should contact an attorney.
No Attorney-Client Relationship: RightsClick Services are not intended to create any attorney-client relationship, and your use of RightsClick Services does not and will not create an attorney-client relationship between you and RightsClick. RightsClick is not a law firm and does not provide legal advice or counsel. By using our Services, you are and will be representing yourself in any legal matter you undertake through RightsClick.
Copyright registration: The RightsClick software tool is designed to help you better understand the rules and requirements for copyright registration. When you complete the registration tool within the Service, we will submit the information you have provided to the U.S. Copyright Office and sign your name as the Claimant. Once you complete the registration tool within the Serivce, it CANNOT be revised or cancelled. Completing the copyright registration tool in the Service is NOT an application for registration with the U.S. Copyright Office. There may be a delay between the time you complete the registration tool in the Service and the date on which your application is submitted to the U.S. Copyright Office. We will endeavor to submit your application within three business days, but we do NOT guarantee that. This delay could affect your effective date of registration, which could have consequences for your ability to enforce your rights and your available remedies. RightsClick cannot and does not guarantee that the U.S. Copyright Office will act on your copyright registration application within any period of time, even if you have requested and paid for expedited handling. RightsClick cannot and does not guarantee that the U.S. Copyright Office will grant your copyright registration. It is your sole responsibility to respond to any inquiry, question, or communication from the U.S. Copyright Office concerning your application for copyright registration. ONCE YOUR APPLICATION FOR COPYRIGHT REGISTRATION HAS BEEN SUCCESFULY SUBMITTED, RIGHTSCLICK DOES NOT MONITOR AND WILL NOT RESPOND TO INQUIRIES, QUESTIONS, OR ANY COMMUNICATION FROM THE U.S. COPYRIGHT OFFICE ABOUT THAT APPLICATION. FAILURE TO RESPOND TO THE U.S. COPYRIGHT OFFICE MAY RESULT IN REJECTION OR ABANDONMENT OF YOUR APPLICATION. You acknowledge that willful false statements to government agencies and the like may jeopardize the validity of the documents filed and the rights created.
You acknowledge that once the application filing services are performed, despite the outcome of said services, the monies paid for the services to RightsClick have been earned. You acknowledge that fees are earned for application filing services as of the date of performing work sufficient to complete a filing, whether or not the filing is ever completed. If we perform services sufficient to complete a filing but said services cannot be fully completed due to your action or inaction, you agree that RightsClick has earned the fees for the application filing ordered and that the only refund, if any, you may be entitled to is for government filing fees which ultimately may not have been used. Additional fees may apply if you later decide to move forward with the filing.
Infringement Assessment: The RightsClick Infringement Assessment tool is an automated software tool designed to help you understand the law and identify which facts are most significant. The RightsClick Assessment tool is designed to address common issues; it is not a complete consideration of all elements or exceptions/limitations of copyright law. It is your responsibility to provide accurate information. RightsClick cannot and does not search for uses of your work(s) or the name or contact information of the user. The Service cannot and does not determine whether such use may constitute copyright infringement, advise you whether to attempt enforcement, or provide legal counsel or advice on which enforcement tool to select. The Service does NOT offer legal counsel or advice of any kind. RightsClick is not a law firm and cannot provide services of a licensed attorney. If you have questions requiring legal analysis, opinions, or counsel, you should contact an attorney.
Enforcement tools: RightsClick offers guidance and assistance to you if you choose to seek a remedy for the use of your work. We provide templates for DMCA notices and Cease and Desist letters, but it is up to you to decide whether and when to use such tools, and to provide accurate information regarding the alleged infringement. RightsClick does not take any portion of any royalty or award you receive for the use of your work. We also cannot guarantee the result of any enforcement effort. RightsClick cannot assist with the collection of any agreed royalty or damages award. You shall not remove any copyright notice from any form. You acknowledge that the information submitted through our web site will be used in the creation or protection of legal rights. Accordingly, it is imperative that the information provided through our web site be truthful and accurate.
[Copyright Claims Board: The RightsClick software tool is designed to help you better understand the rules and requirements for initiating a small claim before the Copyright Claims Board (“CCB”). When you complete the CCB tool within the Service, we will submit the information you have provided to the CCB and sign your name as the Claimant. Once you complete the CCB tool within the Service, it CANNOT be revised or cancelled. Completing the CCB tool in the Service is NOT a submission directly to the CCB. There may be a delay between the time you complete the CCB tool in the Service and the date on which your claim is submitted to the CCB. We will endeavor to submit your application within three business days, but we do NOT guarantee that. RightsClick cannot and does not guarantee that the CCB will accept your claim filing. We cannot and do not guarantee that the CCB will act on your claim within any period of time. We do not evaluate the merits of any claim and do not guarantee the outcome of your claim – you may lose. Filing a claim with the CCB may affect your ability to initiate a copyright infringement claim in federal court – you should consult at attorney if you want legal counsel. The CCB process allows respondents to “opt out” of the process. If they do so, your case will not proceed. RightsClick provides reminders and other tools to help you comply with CCB rules, procedures, and deadline. However IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH SUCH RULES, PROCEDURES, AND DEADLINES. FAILURE TO DO SO MAY RESULT IN THE DISMISSAL OF YOUR CLAIM WITH PREJUDICE. It is your sole responsibility to respond to any inquiry, question, or communication from the CCB concerning your claim. ONCE YOUR CLAIM HAS BEEN SUCCESFULY SUBMITTED, RIGHTSCLICK DOES NOT MONITOR AND WILL NOT RESPOND TO INQUIRIES, QUESTIONS, OR ANY COMMUNICATION FROM THE CCB ABOUT THAT CLAIM. FAILURE TO RESPOND TO THE CCB MAY RESULT IN DISMISSAL OF YOUR CLAIM WITH PREJUDICE. You acknowledge that the information submitted through our web site will be used in the creation or protection of legal rights. Accordingly, it is imperative that the information provided through our web site be truthful and accurate. You acknowledge that willful false statements to government agencies and the like may jeopardize the validity of the documents filed and the rights created.
Find Attorney: For your convenience, RightsClick offers a list of attorneys who handle copyright matters. Attorneys and law firms pay to be on this list. RightsClick does not endorse any attorney, law firm, clinic, or other entity. It is up to you to decide who you want to hire to represent/advise you. Likewise, it is up to you to make arrangements for any payments for such services. A subscription to RightsClick does NOT include hiring an attorney for you and RightsClick does not guarantee any results from any legal counsel you may select.
Legal updates: RightsClick tries to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information we provide is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Copyright law is specific to each situation, no general information or tool like RightsClick provides can fit every circumstance. Furthermore, the legal information RicksClick provides is not legal advice and is not guaranteed to be correct, complete or up-to-date. Accordingly, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Further, RightsClick is designed to provide information about the copyright laws of the United States. The provisions of other countries’ copyright laws vary and RightsClick does not provide information about copyright laws outside the United States.
Referrals: From time to time, RightsClick may provide certain attorney access services and introduce our visitors to attorneys through various methods, including third-party attorney directory listings or attorney advertising. At no time is an attorney-client relationship fostered or created with RightsClick through the provision of any such services. Further, RightClick’s provision of directory listings or attorney advertising is not a recommendation or endorsement of such attorneys.
Disclaimers of Warranties and Limitation of Liability: THE SITE, ITS CONTENT, AND ANY SERVICES OFFERED HEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RIGHTSCLICK, INC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. RIGHTSCLICK, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY YOUR USE OF THE SITE YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT RIGHTSCLICK, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. RIGHTSCLICK, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, EVEN IF RIGHTSCLICK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN RIGHTSCLICK, INC.’S MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT RIGHTSCLICK, INC. RECEIVED FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
You acknowledge that RightsClick is not responsible for any acts or omissions of third-parties which may damage official documents from a government agency (e.g., U.S. Copyright Office, Copyright Claims Board and/or U.S. Postal Service).
Prohibited uses: RightsClick is designed to be a tool to help you understand, manage, and enforce your rights. The use of this tool in bad faith, to harass, and/or to assert frivolous claims or claims you know to be false or non-meritorious is strictly prohibited and a basis for terminating your account. You agree to indemnify RightsClick for any dispute arising from information you have provided and/or your use of RightsClick’s automated tools. Using RightsClick to facilitate submissions to the U.S. Copyright Office or the CCB that you know to be inaccurate are violations of federal law and may subject you to civil and criminal penalties, up to and including imprisonment. Such use of RightsClick, or for any illegal purpose, is strictly prohibited and a basis for terminating your account. Terminated accounts are not eligible for a refund of any fees paid.
Any use of RightsClick to communicate any message or content that could be deemed [in our sole discretion] as unlawful, harassing, racist, abusive, libelous, defamatory, pornographic, vulgar, obscene, inciting criminal conduct or indecent or otherwise inappropriate is strictly prohibited and a basis for termination of your account.
Your RightsClick account is for you and you alone. You agree and acknowledge that you will not and may not share your account or login credentials with others. You agree to notify us immediately of any unauthorized use of your account, user name or password. RightsClick shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password. Use of a personal account for institutional/entity purposes is prohibited and a basis for terminating your account. Unauthorized access to any aspect of RightsClick software, website(s), or systems is prohibited by 17 U.S.C. §1201 and 18 U.S.C. §1030 and may subject you to civil and criminal penalties, up to and including imprisonment.
RightsClick software is protected by intellectual property laws, including the U.S. Copyright Act. You may not copy, distribute or publicly display materials from our Service except as specifically authorized by us. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of our Services. You agree and acknowledge that you will not seek to access, alter, modify, adapt, reverse engineer, decompile, or disassemble RightsClick software and that doing so may subject you to civil and criminal penalties, up to and including imprisonment.
RightsClick is a trademark protected under the laws of the United States. You agree and acknowledge that you will not and may not use the RightsClick mark without authorization or use any other mark that is confusingly similar or would falsely imply that another website, product, or service is associated or endorsed by RightsClick, Inc.
It is possible that from time to time RightsClick will experience service interruptions, including both planed and unplanned. In the case of planned interruptions, we will do our best to provide advanced notice and that we will endeavor to restore full service as soon as practicable. You agree that you are on notice these may occur and that they do not give rise to a basis for any refund or rebate on RightsClick fees. RightsClick is not responsible for disruptions that occur due to Force majeure or other circumstances beyond its control. If you encounter a technology problem, please contact us at email@example.com.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
If you violate any provision of these Terms of Service or any applicable laws, we have the right to terminate your account without compensation or refund of any kind. You agree to indemnify RightsClick, its officers, directors, investors, employees, and agents for any losses, harm, or damages that RightsClick incurs as a result of such violation(s).
We collect and maintain personal information provided by you to provide our Service and communicate with you. It is your choice whether or not to provide such information, but withholding certain information may limit your access to or ability to use RightsClick services.
We collect information about the access and usage of our Service to improve the functioning of RightsClick. We do not share this information outside RightsClick employees and agents.
In general, we use personal information and data for internal purposes only. We do not sell or rent information about you. We will not disclose personal information to third parties beyond RightsClick employees and agents without your consent or instruction, except as needed to enforce and/or comply with the law or court order, and to provide the services.
We will use reasonable measures to protect the security of the data and works you provide and data we collect. However, no one is immune from malicious attack or compromise. As such, you understand that providing data and works is at your own risk. Our storage of information, data and works is subject to the laws of the United States of America, regardless of where that information, data, or work(s) originates.
Our web site, including any content or information contained within or provided through it, is provided “as is” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this web site and the information received through it. Further, we make no representations whatsoever about other web sites which you may access through our web site. This disclaimer does not apply to North Carolina consumers.