We are happy to provide you with access to clics.online so you can upload and sell digital assets from our website store. These services might change. We will try to keep you informed.
By registering, you agree to these Terms & Conditions. PLEASE READ THIS AGREEMENT. IF YOU DON’T AGREE WITH IT DON”T REGISTER.
Table of Contents
- General Conditions
- Subscriptions and Purchases
- Ownership of Hometown Entertainment Content
- User Content
- User Restrictions and Obligations
- Warranty Disclaimers, Limitations of Liability, Indemnity
- Intellectual Property Claims
- Modifying and terminating the Services
- Other Websites and Services
- Applicable law and jurisdiction; Arbitration
1.1 Description of Services. Hometown Entertainment offers free services (“Free Services”) with limited functionality and may offer various tiers of paid services (“Paid Services”) plans with enhanced functionality.
1.2 Account. You need a clics.online account (My Account) to use our Services. You can create an account by filling out the appropriate form/s. You agree to use accurate and true registration information and keep the information current. You may not transfer your account to anyone. You are responsible for keeping your information and activities in your account confidential. Notify us if you suspect or discover unauthorized use of your account or other security issues. You can pick a username for your account. Hometown Entertainment has the right to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, based on this Agreement.
1.3 Access. We can offer our Services to any person or entity we choose. Based on this Agreement and in Section 8, we can end your use of the Services or any portion of it.
1.4 Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, so they are prohibited from registering. You affirm that you are more than 18 years of age or, if above 13 but under 18 years of age, you have adult permission to enter into this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Subscriptions and Purchases
2.1 Pricing. Paid Services options is available at https://clics.online/memberships. Payment is due each pay period, payable securely via PayPal (www.paypal.com). Hometown Entertainment shall email payment invoices to Users upon request. We will inform you within 2 (two) months before any new prices take effect. You may cancel your Paid Services plan before the start of the next pay period.
2.2. Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYPAL ACCOUNT, AND ANY BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH THE PAYPAL ACCOUNT, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Ownership of Hometown Entertainment Content
3.1 Generally. By using the Services, you will encounter “Hometown Entertainment Content,” which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding User Content. “User Content” includes all the 3D models, images, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content. The movie CLICS comprised of “User Content, is the sole property of Hometown Studio & Distribution Company, Inc. The digital assets created by the User remain the property of the user with the provision that property created and sold through our online Market can be used without restriction in the movie CLICS.
3.2 Ownership. All “composited content” contained in the animated movie CLICS is owned by Hometown Studio & Distribution Company, Inc. or its licensor, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Hometown Studio & Distribution Company, Inc. and its licensor, Hometown Studio & Distribution Company, Inc. or its licensor own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Hometown Entertainment Content that we or our licensor create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark Hometown Entertainment and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Hometown Studio & Distribution Company, Inc. or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Hometown Entertainment Composited Content, the animated movie CLICS and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Hometown Studio & Distribution Company, Inc. or any third party. We reserve all rights not expressly granted to you in this Agreement.
3.3. Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Hometown Entertainment Content for any purpose without the express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Hometown Entertainment Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
3.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services (“Software”) is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
During the operation of the Services, Users may upload certain User Content including 3D models. You remain the owner of your User Content at all times, and Hometown Entertainment does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions.
4.2 User Content License. By using the Services, you grant Hometown Entertainment a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services. In addition, Users may make User Content available to other users for download via one of several Creative Commons licenses. For more information, see http://creativecommons.org/licenses/. The User is solely responsible for choosing the appropriate license, if any, under which the Content is available for download. By downloading User Content made available by other Users, you agree to adhere to the terms of the Creative Commons license that applies at the time of download.
4.3 User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, and (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement.
4.4 User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
4.5 Right to Monitor or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Hometown Entertainment has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Hometown Entertainment does not permit the infringement of intellectual property rights on the Services and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law.
User Restrictions and Obligations
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Hometown Entertainment Content, and User Content except as permitted by this Agreement;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
- Transmit any material or content that is inappropriate for families or otherwise suitable only for adults, except where such content is appropriately labeled as “Age-restricted” filter and conforms to the Asset Submission – Restricted Content policy;
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
- Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Hometown Entertainment’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Hometown Entertainment’s computer or networking systems.
- Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
- Otherwise, use the Services for purposes other than those for which they were designed.
The User is not permitted to modify the design or alter the appearance of the Hometown Entertainment viewer (e.g., in embeds or screen captures) other than by using the available embed customization options and the “Viewer API” methods provided by Hometown Entertainment, and according to the User’s plan (free, pro or business). Removing, hiding, or altering the Hometown Entertainment logo watermark is prohibited to all users, under all plans.
You agree to inform Hometown Entertainment promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
Warranty Disclaimers, Limitations of Liability, Indemnity
DISCLAIMER OF WARRANTIES. Hometown Entertainment undertakes to provide the Services diligently and professionally, and otherwise, makes no representations or warranties of any kind regarding the Services or the Hometown Entertainment Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Hometown Studio & Distribution Company, Inc. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE Hometown Entertainment CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE Hometown Entertainment CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE Hometown Entertainment CONTENT. No advice or information obtained by you from Hometown Studio & Distribution Company, Inc., or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. Hometown Entertainment’s MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. Hometown Entertainment WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, Hometown Entertainment CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to indemnify and hold Hometown Entertainment and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Hometown Entertainment directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted here under, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.
Intellectual Property Claims
Hometown Entertainment respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.
In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement with our designated agent:
Hometown Studio & Distribution Company, Inc.
ATTN: Craig Kitchens
Electronic notification is preferred. To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), and must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hometown Entertainment will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.
If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at email@example.com. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Hometown Entertainment in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
Modifying and terminating the Services
8.1 At any time. Hometown Entertainment reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month’s notice.
8.2 For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to Hometown Entertainment, to other service or information providers, or to any third parties.
8.3 Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) the following sections of this Agreement: 2(a), 2(b), and 2(d) (Ownership and Content); 3 (User Content); 4 (Other Websites and Services); 5 (Warranty Disclaimers, Limitations of Liability, Indemnity); 6 (Intellectual Property Claims); 7 (Applicable Law and Jurisdiction); 8 (Dispute Resolution); 9 (Termination of Service); and 10 (Miscellaneous).
Other Websites and Services
Applicable law and jurisdiction; Arbitration
10.2 Arbitration. All disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in Santa Ana, California unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have the authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, a User may at his or her option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Hometown Entertainment does not hereby waive any defense that such jurisdiction may be lacking in the User’s jurisdiction.
Hometown Entertainment reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.
The Services are operated by Hometown Studio & Distribution Company, Inc., an Oklahoma corporation. General inquiries may be directed to firstname.lastname@example.org