Terms of Service

Last updated: 6 February 2019

These terms and conditions outline the rules and regulations for the use of Cluttery Marketer's Website. 

By accessing this website we assume you accept these terms and conditions in full.
Do not continue to use Cluttery Marketer's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
 “The Company”, “Ourselves”, “We”, “Our” and “Us”, "Cluttery marketer", "Clutterymarketer" refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your Access Account

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion

User-Generated Content

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website.
This is known as User Content (hereafter defined) like comments section, that will be accessible by the public or the user population generally.
As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
You further agree that ClutteryMarketer shall not, under any circumstances, be liable in any way for any User Content.

Prohibited Actions. 

You are solely responsible for your communications on and your use of the Services. 
You agree not to do any of the following:

  • (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program;
  • (B) post or transmit any message, data, image, content or program that would violate any property rights of others;
  • (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents;
  • (E) upload files that contain a virus or corrupted data;
  • (F) falsify the source or origin of software or other material contained in a file that you upload to the Services;
  • (G) falsely purport to be an employee or agent of ClutteryMarketer;
  • (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

ClutteryMarketer’s Exclusive Right to Manage the User Submissions. 

You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by ClutteryMarketer in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you.

 You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. ClutteryMarketer reserves the right to treat User Submissions as content stored at the direction of users for which ClutteryMarketer will not exercise control except to block or remove content that comes to ClutteryMarketer’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to ClutteryMarketer, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to ClutteryMarketer’s attention. However, ClutteryMarketer shall not be responsible for controlling or editing any Content, and ClutteryMarketer has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.

License to ClutteryMarketer of Your User Submissions. 

You hereby grant to ClutteryMarketer, and you agree to grant to ClutteryMarketer, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to ClutteryMarketer to your User Submissions, you also hereby grant to ClutteryMarketer, and agree to grant to ClutteryMarketer, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against ClutteryMarketer for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this section.

Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant ClutteryMarketer the rights to it that you are granting by this Agreement, all without any ClutteryMarketer obligation to obtain consent of any third party and without creating any obligation or liability of ClutteryMarketer; (B) the User Submission is accurate; (C) the User Submission does not and, as to ClutteryMarketer’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

Responsibility of Users. 

You are entirely responsible for the content of, and any harm resulting from, your User Submissions. ClutteryMarketer does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

Non-Confidentiality of Your User Submissions. 

The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to ClutteryMarketer (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that ClutteryMarketer may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.

Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.

Links to Third-Party Websites

The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and ClutteryMarketer is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of ClutteryMarketer and, as such, ClutteryMarketer is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on ClutteryMarketer does not imply an endorsement or recommendation by ClutteryMarketer. ClutteryMarketer is not responsible for any form of transmission received from any link, nor is ClutteryMarketer responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

Copyright or Intellectual Property Infringement Notification

If you believe in good faith that material or Content available on ClutteryMarketer infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify ClutteryMarketer in advance. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Monthly subscription 

When we offer product and services on a Monthly subscription basis, recurring payments are taken for continued access.
In short, Your subscription has an initial and recurring payment feature and will be charged per month at the then-current subscription rate.

Your subscription will renew automatically, unless we terminate it or you terminate your subscription.
You may cancel your Monthly Subscription at any time, by emailing us at ritz@clutterymarketer.com.
If you cancel, you may use your subscription until the end of your then-current subscription term.
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

Operation of the Services

ClutteryMarketer reserves complete and sole discretion with respect to the operation of the Services. ClutteryMarketer may, among other things:

  • (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy;
  • (B) withdraw, suspend or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
    • (i) equipment malfunctions;
    • (ii) periodic maintenance procedures or repairs which ClutteryMarketer may undertake from time to time; or
    • (iii) causes beyond the control of ClutteryMarketer or which are not reasonably foreseeable by ClutteryMarketer.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED BY CLUTTERY MARKETER ON AN “AS IS” BASIS. CLUTTERY MARKETER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLUTTERY MARKETER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. CLUTTERY MARKETER MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

LIMITATION OF LIABILITY

IN NO EVENT WILL CLUTTERY MARKETER BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS,YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF CLUTTERY MARKETER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

The Services are controlled and offered by Cluttery Marketer from its facilities in the INDIA. Cluttery Marketer makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

VIOLATIONS / INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLUTTERY MARKETER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

WAIVER AND RELEASE

YOU AGREE THAT NEITHER CLUTTERY MARKETER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE CLUTTERY MARKETER SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT CLUTTERY MARKETER SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CLUTTERY MARKETER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CLUTTERY MARKETER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

Refund Policy

If for any reason you are dissatisfied or you decide a product or service is not suitable for any reason, you can notify us by email or contact page within 30 days of purchase and we will issue you with a full refund.
Refunds will be made to your original method of payment. ClutteryMarketer will not issue a refund after the Thirty (30) day refund period has expired or for any subsequent monthly payment. If you cancel your subscription and have paid for the monthly subscription fee, you may use your subscription until the end of your then-current subscription term.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the ClutteryMarketer.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on ClutteryMarketer.com the first time that you visit ClutteryMarketer.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on ClutteryMarketer.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

Contact

if you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at ritz@clutterymarketer.com.

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