These terms and conditions are used by this website and the Cloakerly (Registered as SIA ADV Traders Reg. nr. 41503083560) (“Us”, “We”, “Our”) affiliate marketing service (the “Service”) and proprietary online link control. Before making use of the Service, please carefully read them. BY REGISTERING, YOU (the expressions “You” or “Your” refers to the entity or individual that registers to use the Service or “Third Parties” using the Service on your behalf) AGREE TO BE BOUND BY THESE TERMS OF SERVICE (the “Agreement”). You are offered this service if you accept without changing the terms of service and notices provided.
Registering to use the Service and signing up for an account require you to complete the registration process by providing accurate and complete information to Cloakerly as required in the registration form, this includes your e-mail address, a username, and password. It is your responsibility to ensure your password is protected and you are also liable for your own and third party activities, which you carry out on your account. You will also inform Cloakerly instantly of all unauthorized access to your account or security breach.
Subscribing to the Service implies you consent to make initial non-refundable deposit payment (if required), including the applicable service fees, which was provided on the Cloakerly website (the “Service Fees”) and will be charged as little as once per day. Charges at presented in U.S. Dollars, until otherwise stated. The PayPal account or Credit Card you provided will be charged for the monthly for all Service Fees when completing the registration process. You therefore affirm that you are 18 years and above, and you own the PayPal account or Credit Card details provided when registering. We maintain the right to restrict your access to the Service if you fail to make payment for applicable Service Fees, especially if we discover it is an expired Credit Card or PayPal amid the term of this Agreement, you therefore approve us to charge the renewal card issued as a replacement to you. You have the right to deactivate your account whenever you want by contacting us at [email protected] alongside your email address and name on your account, with the title, “Request for Cancellation”. We do NOT issue refunds as indicated in our refund policy.
With respect to your conformity to the terms and conditions provided in this Agreement, Cloakerly therefore gives you a constrained, revocable, non-transferable, and non-selective license to use the Software and Services Cloakerly provides exclusively for your personal or business purpose.
Besides expressly put forward herein, you shall not (i) make use, reproduce, change, or make subsidiary works of the Service, or (ii) lease, transfer, sublicense, lend, utilize for service bureau or timesharing purposes, resell or otherwise distribute or permit third party access to the entire or any part of the Service, which include but not limited to, sharing your username and/or password.
When you provide us with your e-mail address, you consent to get the required notifications to that e-mail address electronically. You are responsible for changing or updating that address, in your jurisdiction.
You may use the Service to instruct us to get information concerning your accounts associated with third-party providers, keep up an account or participate in online services (“Account Information”). Cloakerly tries not to check the Account Information for other purposes like accuracy, non-infringement, or legality, and more. Cloakerly is not liable for the services and products third-party websites offer.
Cloakerly is unable to anticipate or predict technical or relevant challenges that can possibly lead to the inability to acquire data or loss of data or related service interruptions. Cloakerly will not be liable for the timeliness, deletion, accuracy, failure, or non-delivery of storing any communications or data. For instance, when the Service serves as a channel to display it, Account Information remains new as the time shown, which displays the time of information from that particular website. Information of this nature may be well updated when taken specifically from the related websites. You are allowed to refresh your Account Information with using the Service, in the recommended way in the related guidelines.
Accessing or using the Service attracts the payment of the Service Fees. Cloakerly reserves the right to make changes to the Service Fees for the Services whenever necessary or as often as possible, in operation after being posted on our site; given that, there will be no change in fees as to the use of the Service, which took place before the effective date of the actual fee change.
You consent that Cloakerly and its affiliated agents and companies may obtain, process, maintain, and utilize technical, diagnostic, related, and usage information, which include but is not limited to technical information regarding your links, computer, application software, system, peripherals, and traffic, which is obtained while the Service is being used to help in providing updates to the Service, including other services and support to all users relative to the Service, as well as for the verification of conformity to the terms under this Agreement. Cloakerly may utilize this information to enhance our Service or for the provision of technologies or other services to all users.
The Parties shall consider all Confidential Information of one another as confidential, and shall not utilize such Confidential Information, unless otherwise allowed under this Agreement, and shall ensure such Confidential Information is not disclosed to any third party without the prior written consent of the other Party. The Parties shall be responsible for the prevention of the unauthorized use and disclosure of Confidential Information of the other Party.
Confidential Information is a term that implies any information revealed by a Party to another Party in relation to this Agreement, which is revealed verbally or in writing and is considered “Confidential” or which a Party should sensibly agree is considered as confidential by the other Party, as well as other information revealed by Cloakerly, which is associated to the Services (this includes your password), which is not publicly revealed. Irrespective of the foregoing, information that is not included under “Confidential Information” encompasses: (i) the information which the receiving Party did not make independently without any consideration of the other Party’s Confidential Information; (ii) the receiving Party is aware of the information, without limitation, from a third party with this Agreement not violated or even other confidentiality obligation; (iii) the information exists within the public domain when it was revealed or goes into the public domain via omission or no act of the receiving Party; (iv) the receiving Party is rightfully aware of the information as revealed by the prior written records when the disclosure occurred; or (v) the Parties come into an agreement and disclosed the information or the requirement of a court, pursuant to the order, governmental body, or administrative agency; provided, notwithstanding, that the receiving Party has to instantly inform the other Party and shall utilize commercially standard endeavors to get a protective order or otherwise for the prevention of the public disclosure of information of such nature.
Besides the limited licenses explicitly allowed herein, Cloakerly explicitly retains the rights, interest, and title in and to the Service, the Cloakerly website content, and its entire data, analytics, process, and other technology and software utilized by Cloakerly in providing its Service (“Cloakerly Technology”), which include, but not limited to any improvements, derivatives, extensions, or enhancements of the Cloakerly Technology considered, decreased to practice or generally created on or for Cloakerly, which are all Cloakerly’s valuable assets, and any patent, trademark, copyright or related intellectual property right, or state or federal right, concerning thereto.
You are not allowed to: (i) utilize, or permit the use of any, Cloakerly Technology or Service, aside from the pursuant to the restricted rights explicitly granted in this Agreement; (ii) utilize the Service in an inconsistent manner alongside user documentation, if Cloakerly supplies any to you or inconsistent with the standard security procedures of Cloakerly, if any, available through your UI; (iii) try to hack into, reverse engineer, or breach any area of Cloakerly Service or Technology, or try to gain access to other customers’’ data with Cloakerly; (iv) take away, obscure, or change any legitimate notices, as well as notices of intellectual property rights which appear in or related materials Cloakerly provides to you; (v) utilize, post, introduce, or transmit any software, routine, or device, which meddles or tries to meddle with the activity of the Service; or (vi)utilize any spider, deep link, robot, scraper, or related automated data gathering or extraction program, tools, methodology or algorithm to gain access, copy, obtain or monitor cloakerly.com or any part of cloakerly.com, without getting a permission from us, which can probably be withheld in our exclusive and outright discretion.
You consent to protect, indemnify, and hold harmless, Cloakerly, to your detriment, against all third party actions, claims, suits, and proceedings brought against Cloakerly or any of its directors, officers, agents, employees, or affiliates, and entire related damages, liabilities, penalties, settlements, costs, fines, expenses, or fines (which include, but not restricted to relative attorneys’ charges) received by Cloakerly or any of its directors, officers, agents, affiliates, or employees, resulting from or associated with (i) your violation of any aspect of this Agreement, (ii) your adoption of the Service, or (iii) your unapproved Service use. In a case like this, Cloakerly will give you written notice of such suit, action, or claim. Your cooperation will be reasonable required as much as possible in defending any claim. Cloakerly maintains the right, at its own cost, to accept the exclusive control and defense of any matter with respect to indemnification by you.
The services, reports, and information included in or can be accessed through the Service can possibly include typographical errors or inaccuracies. There are intermittent changes to the information provided herein. Cloakerly and/or its entire suppliers may improve and/or make changes to the Service any time, without the need to inform any individual or entity of the changes made.
Cloakerly does not warrant or represent that (i) there will always be error-free Service or accessible Service, (ii) correction of defects, (iii) the Server or the Service have no viruses or any harmful element, or (iv) the application or the results of using the Service or the components made accessible as one of the Services, which will be accurate, timely, correct, or otherwise dependable. You particularly agree that Cloakerly shall not take any responsibility for unapproved access to or change of your data.
OUR SERVICE IS OFFER “AS IS’ AND Cloakerly MAKES NO CLAIMS, REPRESENTATIONS, OR WARRANTIES, EITHER IMPLIED, EXPRESS, OR STATUTORY, REGARDING THE SERVICE, WHICH INCLUDE WARRANTIES OF PERFORMANCE, QUALITY, NON-INFRINGEMENT, FITNESS, OR MERCHANTABILITY FOR A SPECIFIC PURPOSE, NOR ANY WARRANTIES EXIST MADE BY COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. Cloakerly HAS NO WARRANTY OF SATISFYING YOUR NEEDS FROM THE SERVICE OR BE VOID OF ERRORS, THAT THERE WILL BE UNINTERRUPTION OF THE OPERATION OF THE SERVICE, AS TO THE FINAL RESULTS FROM USING THE SERVICES, OR AS TO THE RELIABILITY, ACCURACY, OR DETAILS OF ANY PRODUCTS OR INFORMATION OFFERED THROUGH THE SERVICE. THE FOREGOING DISCLAIMERS AND EXCLIUSIONS ARE A FUNDAMENTAL ASPECT OF THIS AGREEMENT AND SERVE AS THE PREMISE FOR ASCERTAINING THE SERVICE PRICE. THERE IS NO EXCLUSION OF AN IMPLIED WARRANTY FOR SOME STATES; THEREFORE THIS DISCLAIMER IS NOT FOR YOU.
Cloakerly WILL TAKE NO RESPONSIBILITY TO YOUR OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE (WHICH INCLUDE, BUT NOT LIMITED TO LOST DATA OR LOST PROFITS OBTAINED THROUGH THE SERVICE), OR OTHER INCIDENTAL DAMAGES, WHETHER ON THE BAISS OF AN ACTION OR CLAIM OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR VIOLATION, INDEMNITY OR CONTRIBUTION, BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF Cloakerly IS AWARE OF THE POTENTIALITY OF THE DAMAGES. THIS PARAGRAPH CONTAINS EXCLUSION, WHICH SHALL APPLY IRRESPECTIVE OF THE FAILURE OF THE EXCLUSIVE REMEDY OFFERED IN THE PARAPHRAPH THAT FOLLOWS. THE EXCLUSION OR LIMITATION OF LIABILITY IS NOT ALLOWABLE IN SOME STATES FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; THEREFORE THE EXCLUSIONS OR LIMITATIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT BE APPLICABLE TO YOU.
DESPITE ANYTHING PRESENTED IN THIS TERMS OF SERVICE TO THE CONTRARY, THE CUMULATIVE LIABILITY OF Cloakerly TO YOU OR OTHER PARTIES FOR ANY DAMAGES OR LOSS CAUSED AS A RESULT OF THE CLAIMS, ACTIONS, OR DEMANDS EMERGING FROM OR REGARDING THIS AGREEMENT SHALL NOT GO BEYOND FIVE HUNDRED UNITED STATES DOLLARS, $400.
Any of the two parties may end this Agreement whenever they want to and in their jurisdiction. After terminating this Agreement, (i) Cloakerly will stop offering the Service to you; (ii) any remaining balance you have to pay to Cloakerly will turn out instantly due and payable; (iv) there will be no refunds of any Service Charges or related fees; and (v) you will not be able to access any of your historical data.
Cloakerly retains the right to make changes or modification to any of the terms of this Agreement or any policy associated with the Service, whenever we decide to, by presenting the new agreement to the Cloakerly website or other URL provided by Cloakerly. It is your responsibility to review the policy as often as possible. There will be no change or amendment to this Agreement unless (i) written and signed duly by authorized Cloakerly representative or (ii) you decide to keep on using the Service after updates have been posted by Cloakerly to the Agreement or relevant policy in control of the Service.
The Service will not be used by You in any manner or for any reason that would breach, or would have the impact of violating, any related government rules, regulations, or laws, or third party rights, which include but not limited to any right or law concerning any patent, copyright, trade secret, trademark, image, music, or related property right or proprietary right, unfair competition, false advertising, invasion of privacy, defamation or celebrity rights. With no limitation on the generality of the foregoing, you explicitly accept that the Service will not be used in violating the 2003 CAN-SPAM Act, as amended. You likewise agree to abide by any and all the relevant third party network terms of service as well as related programs’ policies and regulations.