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CLICKCOACH End User Terms and Conditions

Last updated: September 25, 2020

 

Welcome to CLICKCOACH!

Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using clickcoach.org operated by CLICKCOACH (“us,” “we,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, and others who access or use the Service.

You may not use the Service and may not accept the Terms if (a) you are not eighteen (18) years or older or, if you are under eighteen (18) years of age, you do not have the consent of a parent or legal guardian, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms.  If you disagree with any part of the terms then you may not access the Service.

 

Purchases

If you wish to purchase a video made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, mailing address, E-mail address, and credit card/billing information.  Creation of a user account and payment for the Purchase is required before you may stream the video. Users are given unlimited streaming access to Purchases for a thirty (30) day period.

 

Cost

CLICKCOACH charges users one dollar and ninety-nine cents ($1.99) per single video for unlimited streaming access for a thirty (30) day period, as well as variable prices for video bundles (multiple videos grouped together for a single purchase) for a ten percent (10%) discount, also accessible for unlimited streaming access for a thirty (30) day period.

An artist may elect to either forward one-hundred percent (100%) of their video proceeds to the CLICKCOACH Assistance Fund ("CCAF") or to generate revenue for themselves. This is a private choice that is not published.

If an artist elects to generate revenue for themselves, CLICKCOACH compensates the artist who created the video(s) seventy-five percent (75%) of the video price collected from the artist’s video(s), calculated over a month, less processing fees and discounts. The processing fee, paid by the artist, includes monthly bank transferring fees incurred for depositing funds directly into the artist’s bank account, as follows:

 

Bank Transfer Fees

ACH fee (transfer to U.S. bank account)

$1.00 USD per month

Foreign transfer fee

$5.00 USD per month

 

In addition to the standard video price, discounts, and bank transferring fees, CLICKCOACH charges a twenty percent (20%) "World Reach Distribution Fee" calculated on the base price of all video content. This fee is applied towards covering costs in making content available both locally and worldwide and is not considered a part of an artist's video revenue when calculating video sales.

CLICKCOACH, according to its Statement of Purpose, also makes video content available to groups and organizations at its discretion at a discounted rate of up to one-hundred percent (100%). When applying discounts to video prices, discounts are calculated on the base price of the video content. Artist compensation is, in these cases, calculated on the original base price, less fees and discounts. 

 

Permissions and Restrictions

You may access and use the Services as made available to you, as long as you comply with this Agreement and applicable law.  You may view your Purchase for your personal, non-commercial use.

The following restrictions apply to your use of the Service.  You are not allowed to:

  1. download, reproduce, distribute, transmit, broadcast, display, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from CLICKCOACH and, if applicable, the respective rights holders;
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers); 
  4. collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, or otherwise manipulate metrics in any manner;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. run contests on or through the Service;
  9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen or stream videos from the Service); or
  10. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where CLICKCOACH videos are the main draw for users visiting the webpage).

 

Conduct

You agree not to use the Services to:

  1. obtain or attempt to obtain unauthorized access to the Services or to CLICKCOACH’s servers, systems, network, or data;
  2. make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable;
  3. violate any applicable laws or regulations;
  4. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
  5. make available any content that you do not have the right to make available or infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
  6. post content containing advertisements or other commercial solicitations without our prior written permission;
  7. make available viruses or any other computer codes, files, programs or content designed to interrupt, destroy, or limit the functionality of the Services or affect other users; or
  8. interfere or disrupt the Services or servers, systems, or networks connected to the Services in any way.

On becoming aware of any potential violation of these Terms, CLICKCOACH reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

 

Limits on Liability

We work hard to provide the best Services we can and to specify clear guidelines for everyone who uses them.  Our Services, however, are provided “as is,” and we make no guarantees that they will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.  To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Services.  Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the CLICKCOACH Services, even if we have been advised of the possibility of such damage.  Our aggregate liability arising out of or relating to these Terms or the CLICKCOACH Services will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

 

Warranty Disclaimer Clause

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  IN ADDITION, WHILE CLICKCOACH ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

 

Your License to Use the Services

CLICKCOACH gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license, limited to a thirty (30) day period per purchased video, to use the software provided to you as part of the Services.  This license has the sole purpose of enabling you to use and enjoy the benefit of the Services provided by CLICKCOACH, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries.  Nothing in the Terms gives you the right to use the CLICKCOACH name or any of the CLICKCOACH trademarks, logos, domain names, and other distinctive brand features.  All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CLICKCOACH and its licensors.  Any feedback, comments, or suggestions you may provide regarding CLICKCOACH, or the Services, is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

 

Links to Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by CLICKCOACH.

CLICKCOACH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or services. You further acknowledge and agree that CLICKCOACH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.

 

Governing Law and Venue

We want you to enjoy CLICKCOACH, so if you have any issue or dispute, you agree to raise it and try to resolve it with us informally.  You can contact us with feedback and concerns here or by emailing us here.

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Texas, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Comal County, Texas; and you consent to personal jurisdiction in these courts.

 

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

 

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

 

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

 

Contact Us

If you have any questions about these Terms, please contact us by emailing us here.

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