Date last changed: May 11, 2011
THE FOLLOWING DESCRIBES THE TERMS ON WHICH CLICKNWORK OFFERS YOU ACCESS TO
ClickNwork provides its service to you subject to the following terms ("Terms
of Use"), which may be updated by us from time to time without notice to
All rules and guidelines posted anywhere on our site at: http://www.clicknwork.com,
specified by us when posted, all modifications shall be effective upon posting.
If you do not agree to any modification, you may terminate your participation
next use of the Service. If you use the Service after a modification becomes
effective, then you agree to that modification. You may review recent modifications
ClickNwork provides users with a service (the "Service") which enables
users to, among other things:
- register to obtain a user ID and password to parts of the ClickNwork site
- take tests to become a full member of the ClickNwork team
- undertake work in accordance with the guidance provided on the site
- get paid for doing the work
REGISTRATION, MEMBERSHIP, PASSWORD AND SECURITY
The Service is available only to individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Service is not available
to minors (those under 18 years of age), individuals who cannot form legally
binding contracts, or federal, state or local governmental agencies, organizations
or individuals acting on behalf of such agencies or organizations. If you do
not qualify, please do not use the Service. ClickNwork may refuse to provide
the Service to any person, or prohibit any person from using the Service, at
any time, in our sole discretion.
You are required to provide certain information about yourself if you wish
to use certain portions of the Service.
In consideration of your use of the Service, you agree to provide true, accurate,
current and complete information about yourself as prompted by the appropriate
registration, membership or user profile form(s) (such information is your "User
Information"), and maintain and promptly update your User Information to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or ClickNwork has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, then ClickNwork has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
You agree that your username and certain other information submitted by you
or relating to your use of the Service, including whether you are logged on,
how many tasks you have done, all grades given and received by you, all questions
asked by you, and the username you select, may be viewed by any and all users
on our site. All of these requirements are driven by the collaborative, team-based
nature of some of our work and all information exchange is reciprocal: what
information a user can see about you, you can see about them.
We will not disclose first names nor addresses to other users or authorities,
with the exception of details required to make payments or to otherwise conform
to legal requirements.
You will receive a password and account upon completing the appropriate registration
or membership process. You are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for all activities that
occur under your password or account. You agree to:
- immediately notify ClickNwork of any unauthorized use of your password or
account or any other breach of security, and
- ensure that you exit from your account at the end of each session. ClickNwork
cannot and will not be liable for any loss or damage arising from your failure
to comply with this
You may not use or attempt to use the Service with any password other than
your single ClickNwork password, and you may maintain only one (1) account with
ClickNwork at any given time.
ClickNwork issues an occasional newsletter by email only to people who have
subscribed. Newsletter subscription is created automatically for you on registration
unless you uncheck the subscribe box on the registration page. If you leave
the box checked, it is your responsibility to unsubscribe from the newsletter
using the facilities provided - either by following the links in the newsletter,
or by using the subscribe facility on the ClickNwork site (http://www.clicknwork.com/default.asp),
or logging on and unchecking the subscribe box in 'My Details'. ClickNwork will
not unsubscribe you on your behalf.
THE GRADING PROCESS
Your performance will be graded and used by ClickNwork to determine your eligibility
to continue working for ClickNwork. Every reference you submit will be reviewed
for quality and presentation. You are awarded points for the quality of the
information you submit and deducted points for transgressions (such as overgrading
the reference, poor presentation of comments and selected text). The points
are used to calculate a quality league table in which individual searchers can
see their position and click through to review details of their performance
in every task and, within that, for each reference.
ClickNwork uses the ladder to identify searchers consistently performing well
(and they will be able to self-approve the references they submit and may be
invited to undertake reference review work) and poorly performing searchers.
Those that consistently perform badly will have their access rights revoked.
All points are assessed and reviewed by ClickNwork and are final.
You agree to undertake any work (your "Content") for ClickNwork in
accordance with the guidelines laid down for that work. Specifically:
- you will not change or amend any references you find posted on the Internet
except to edit without changing their meaning
RESALE OF SUBMISSIONS
ClickNwork may in the future make available a database of submitted material
(e.g. suggested URLs, written summaries) by ClickNwork members for resale to
its users or other clients. You grant to ClickNwork a royalty-free, perpetual,
non-exclusive and fully sub-licensable right and license to use, reproduce,
publish, translate, distribute, transmit, perform and display anything you submit,
post to or transmit through the Service (in whole or part) worldwide for resale.
In granting the foregoing license, you understand that the technical processing
and transmission of the Service, including your Content, may involve (A) transmissions
over various networks; and (B) changes to conform and adapt to technical requirements
of connecting networks or devices.
PAYMENT, TAXES AND CONTRACTOR STATUS
(a) U.S. Dollars. Unless otherwise stated, all payments are quoted in U.S.
(b) Quality. ClickNwork reserves the right to refuse payment or withhold a
portion of the payment for any work it deems to be substandard, incomplete or
late. ClickNwork's decision in these matters is final.
(c) Independent Contractor Status. You will undertake work for ClickNwork under
of ClickNwork within the meaning or the applications of any federal, state or
local laws or regulations including, but not limited to, laws or regulations
covering unemployment insurance, old age benefits, worker's compensation, industrial
accident, labor or taxes of any kind. You will not be entitled to benefits that
may be afforded from time to time to ClickNwork employees, including without
limitation, vacation, holidays, sick leave, worker's compensation and unemployment
(d) Taxes. ClickNwork shall not be responsible for withholding or paying any
taxes or social security on your behalf. You shall be fully responsible for
any such withholding or paying of taxes or social security.
USER CONDUCT AND CONFIDENTIAL INFORMATION
You agree to not use the Service to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- impersonate any person or entity, falsely state your identity or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, e-mail or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements)
or that you obtained in a wrongful manner;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam",
"chain letters", "pyramid schemes", or any other form
- upload, post, e-mail or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment other than for research or computer/software
support and maintenance (provided that in no event may you upload, post, or
otherwise transmit any such material to the extent that such action will or
could result, automatically or in connection with any other action other than
the wilful action of any third party, in any damage, interruption, destruction
or limitation of or to ClickNwork's systems, software, hardware, site, databases
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
- request or provide any legal or medical advice or other advice or information
which may only be lawfully rendered or provided by a licensed professional
unless you are a licensed professional in the relevant field of expertise
and abide by all relevant laws, rules and regulations; or
- intentionally or unintentionally violate any applicable local, state, national
or international law or regulation.
You agree not to store or aggregate any Content of other users except through
your use of the storage capabilities afforded by the Service.
You agree not to take any actions which may undermine the integrity of the
feedback system, such as: leaving positive feedback for yourself using secondary
accounts or third parties; or leaving negative feedback for other users using
secondary accounts or third parties.
You agree not to post unsolicited messages about ClickNwork or the Service
on Usenet groups or in chat rooms or on other Internet sites in a manner which
could be construed as spam, or as mass unsolicited messaging.
You agree not to disclose any confidential or commercially sensitive information,
or information that a court may reasonably judge to be commercially sensitive
of confidential, that your obtain through working with ClickNwork, particularly
as it relates to any task instructions to which you have access.
You agree to indemnify and hold ClickNwork, and its subsidiaries, affiliates,
officers, agents, employees or partners, harmless from any claim, demand, loss,
costs, liability or expense, including reasonable attorneys' fees, related to
any claim or demand made by any third party arising out of or related to (a)
Content you submit, post to or transmit through the Service, (b) any transaction
or dispute between you and any third party, (c) unauthorized access to the Service
through your account, or of which you should have been or were aware and did
not report to ClickNwork, (d) your use of the Service or your connection to
User Information and certain other information about you is subject to our
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service (including any Content), use
of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE
You acknowledge that ClickNwork may establish general practices and limits
concerning use of the Service, including without limitation the maximum or minimum
amount of earnings you make or the maximum or minimum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that ClickNwork has no responsibility or liability for the deletion
or failure to store any material, messages and other communications or other
Content maintained or transmitted by the Service.
MODIFICATIONS TO SERVICE
ClickNwork reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that ClickNwork shall not be liable to you or to
any third party for any modification, suspension or discontinuation of the Service.
You agree that ClickNwork, in its sole discretion, may terminate your password,
remove and discard any Content within the Service, for any reason, including,
without limitation, if ClickNwork believes that you have violated or acted inconsistently
activity in connection with the Service. You acknowledge that it is ClickNwork's
policy to block access to the ClickNwork site to users that repeatedly submit
information to ClickNwork that violates third party copyrights. You acknowledge
that ClickNwork will in its sole discretion determine who is a repeat infringer.
Repeat infringers will not be permitted to access or use any of the ClickNwork
services. ClickNwork may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
acknowledge and agree that ClickNwork may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that ClickNwork
shall not be liable to you or any third party for any termination of your access
to the Service. Upon any termination of your access to the Service, ClickNwork
will disburse to you any amounts held on your behalf and which are payable.
We also reserve the right to at any time to revoke, downgrade or otherwise
revise your access rights to tasks and the site in general, for any reason which
may include, but is not limited to, inactivity, poor performance as indicated
in the searcher ladder, inability to improve sufficiently your position in the
searcher ladder, and abuse of the service, the site or your access rights.
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Except as expressly authorized by ClickNwork, you agree not
to modify, rent, lease, loan, sell, distribute, reverse engineer, or create
derivative works based on the Service or the Software, in whole or in part.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLICKNWORK AND ALL OF
ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE SERVICE AND ALL CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR OUR SITE WILL BE FREE
FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY CLICKNWORK, ITS EMPLOYEES OR REPRESENTATIVES,
OR THROUGH OR FROM THE SERVICE, WILL CREATE A WARRANTY; YOU SHALL NOT RELY ON
ANY SUCH INFORMATION OR ADVICE. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
YOU UNDERSTAND AND AGREE THAT CLICKNWORK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS
OR PERSONALIZATION SETTINGS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CLICKNWORK BE LIABLE FOR
ANY LOSS OF BUSINESS, LOSS OF USE, LOST PROFIT, LOSS OF DATA OR ANY OTHER INDIRECT,
INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES,
OR FOR DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO (i) FAULTS IN
THE SERVICE, (ii) ANY SUSPENSION, TERMINATION OR INABILITY TO USE THE SERVICE,
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING LIMITATION APPLIES WHETHER
OR NOT CLICKNWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION 20(a) ABOVE, YOUR DIRECT
DAMAGES ARE LIMITED TO THE GREATER OF (i) THE TOTAL OF THE FEES PAID OR RECEIVED
BY YOU THROUGH USE OF THE SERVICE DURING THE 12 MONTHS PRIOR TO THE DATE THE
CAUSE OF ACTION AROSE, AND (ii) $100.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Except as explicitly stated otherwise, any notices to ClickNwork shall be given
by e-mail to customerservice@ClickNwork.com, and any notices to you shall be
given by e-mail to the e-mail address you provide to ClickNwork during the registration
process, or such other address as a party may specify. Notice shall be deemed
given 24 hours after an e-mail notice is sent, unless the sending party is notified
that the address is invalid. Notices posted on our site are effective upon posting.
We may also give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to us during your registration process. In
such case, notice shall be deemed given 3 days after the date of mailing.
ClickNwork shall not be deemed in default hereunder, nor shall you hold ClickNwork
responsible for, any cessation, interruption or delay in the performance of
its obligations hereunder due to causes beyond its reasonable control including,
but not limited to: earthquake, flood, fire, storm or other natural disaster,
act of God, labor controversy or threat thereof, civil disturbance or commotion,
disruption of the public markets, war or armed conflict or the inability to
obtain sufficient material, supplies, labor, transportation, power or other
essential commodity or service required in the conduct of its business, including
internet access, or any change in or the adoption of any law, ordinance, rule,
regulation, order, judgment or decree.
the relationship between you and ClickNwork shall be governed by the laws of
the British Virgin Islands without regard to its conflict of law provisions.
You and ClickNwork agree to submit to the personal and exclusive jurisdiction
of the courts located within the British Virgin Islands. The failure of ClickNwork
constitute a waiver of such right or provision. If any provision of the Terms
of Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the Terms
of Use must be filed within one (1) year after such claim or cause of action
only and have no legal or contractual effect.