Last updated: 08/15/2023
This Terms of Use (the “Agreement”) constitutes a legally binding agreement by and between Exela Media Group, LLC, a Limited Liability Company organized under the laws of the Republic of Estonia (“Clickables”), and the User (“User”).
Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services ("Services"), and immediate discontinuation of use is required. The relationship between User and Clickables shall cease to exist, except for any obligation of User to pay Clickables for services rendered which shall continue to be an ongoing obligation.
Standard: Under this plan, Clickables shall deliver to the User a selected amount of thumbnail designs per month. The amount of thumbnails User wants is selected during checkout phase. User is allowed to request unlimited revisions for designs. Revision does not mean additional thumbnail but a simple color change, a text change or swapping out an image (changing more than 3 assets will be counted as an additional thumbnail).
Pro: Under this plan, Clickables shall deliver to the User a full-service YouTube video packaging. This means Clickables is responsible for delivering video title, thumbnail concept and design. This plan also includes dedicated strategist who helps the User with idea selection, thumbnail strategy and makes suggestions for future content. Strategist is set to work no more than 4 hours on one video. Strategist only works and helps the User on areas where it helps deliver Clickables services for the best possible outcome.
These Service Plans may be subject to modifications, enhancements, or revisions at Clickables' sole discretion. Users are strongly recommended to regularly review the terms of their service plans to stay abreast of any updates or changes.
The terms and conditions for the rest of the agreement remain unchanged. Please read them thoroughly before availing any of our services.
Unless otherwise indicated, the Website is the property of Clickables and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Clickables and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the European Union, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Clicakbles's express prior written permission. Clickables reserves all rights in the Website, Content and Marks.
Beyond Clickables’s ownership of Request, all design and original source files created belong to User, and User shall be the sole owner of the copyright for all Projects.
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Clickables on behalf of the User.
The terms and conditions for the rest of the agreement remain unchanged. Please read them thoroughly before availing any of our services.
User acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Clickables and Clickables is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission.
Clickables reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Clickables further reserves the right to restrict or deny access to the Website or disable the User’s use of the Website. Such decision shall be in the sole discretion of Clickables, without notice or liability to User. All decisions regarding the management of the Website shall be at the sole discretion of Clicakbles and shall be designed to protect Clickables’s rights and property.
All payments made to Clickables for services are non-refundable, unless otherwise expressly provided in this Agreement. Refunds, if any, shall be issued solely at the discretion of Clickables and will be evaluated on a case-by-case basis.
In the event that a refund is granted by Clickables, all rights, title, and interest in and to all work product, tangible and intangible, resulting from or related to any work performed by Clickables, including all intellectual property rights, shall be retained by Clickables. Customers are expressly prohibited from using any such work product in any manner or medium, without the express written consent of Clickables.
Clickables reserves the right to modify this refund policy at its discretion at any time, and such changes shall be effective immediately upon posting of the modified policy to the website or services.
Clickables reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Clickables reserves the right to modify or discontinue all or part of the Website without notice and without liability to User.
Clickables does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Clickables’s control. User agrees that Clickables shall not be liable to User for any loss, damage or inconvenience caused by User’s inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of Republic of Estonia without regard to conflict of law principles.
Clickables and its directors, employees, members, independent contractors or agents shall not be liable to User or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from User’s use of the Website.
User agrees to defend, indemnify and hold harmless, Clickables and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Website;
(2) breach of these Terms of Use;
(3) any breach of User’s representations and warranties set forth herein;
(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, Clickables reserves the right, at User’s expense, to assume control and defense of any matter for which User shall be required to indemnify Clickables hereunder. User agrees to cooperate with the defense of such claims.
User is solely responsible for all data transmitted to or that relates to any activity User has undertaken using the Website. Clickables shall have no liability to User for any loss or corruption of any such data and User hereby waives any right of action against Clickables from any such loss or corruption.
User hereby consents to receive electronic communications from Clickables and User agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. User hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Clickables or through the Website. User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Clickables reserves the right to showcase design work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the User and Clickables. Failure of Clickables to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between User and Clickables.
For any questions or complaints regarding the Website, please contact Clickables at: hello@clickables.co.