Terms of Use

Date of Last Revision: December 21, 2024

Thank you for using Claritude.

"By registering, accessing, or using any of Claritude websites (including but not limited to www.claritude.app), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the “Site"), you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Claritude or Claritude."

"We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that Claritude will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised."

"Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes."

"This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement."

"These Terms of Use will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18."

"You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account."

"The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations."

"The User agrees not to use the Site or to authorize any other person to use the Site to: [...] upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type."

b. The User agrees not to use the Site or to authorize any other person to use the Site to: i. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website; ii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications; iii. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; iv. use automated scripts to collect information from or otherwise interact with the Site; v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission; vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

"You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, 'post') on or through the Site (collectively the 'User Content')."

"By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license [...] to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site or the promotion thereof."

"You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ('Submissions'), provided by you to the Company are non-confidential and shall become the sole property of the Company."

"Claritude, Claritude and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company."

"You may not post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner."

"In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers."

"The Site contains (or you may be sent through the Site to) links to other websites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties [...] Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us."

"Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company."

"You are solely responsible for your interactions with other Claritude or Claritude users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users."

"Claritude’s game fees, including payment and refund requirements, are set forth in the various game rules and FAQ’s. These fees may be changed from time to time."

"The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by Claritude, by third parties, or by any of the equipment or programming associated with or utilized in the Site."

"The Site may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content."

"The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components."

"Claritude is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. [...] This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation."

"The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content."

"Claritude games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence."

"Claritude games may be organized by an individual not associated with the company. [...] The Company will not mediate such disputes or take any responsibility for the actions or inactions of game Organizers." "You may be disqualified for a variety of reasons by your game's Organizer or Host [...] The Company is not responsible for any advice or tips they may offer in their games."

"Game winnings, as determined by the rules of the various Claritude games, shall be awarded to players in Points in accordance with the rules of such games. The amount of Points awarded shall be automatically deposited into players' accounts."

"The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site at any time without notice; modify and/or discontinue the Site at any time without notice; and terminate your username, password and account, should you be in violation of the Terms of Use."

"THE SITE AND THE SITE CONTENT ARE PROVIDED 'AS-IS' AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED [...] YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE [...] AT YOUR OWN DISCRETION AND RISK."

"IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES [...] EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

"THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER [...] WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED $1,000."

"You agree to indemnify and hold the Company [...] harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, [...] your use of the Site, [...] or any violation of this Agreement."

"By playing a Claritude game you acknowledge that during the game you will automatically receive certain messages related to the game. [...] You may control your notifications preferences from our site and opt-out or (or opt back into) messaging at any time."

"The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. [...] Except as specifically provided below, all disputes [...] shall be finally settled by binding arbitration in Delaware [...] and shall not involve any class action in a court or in arbitration."

"By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates."

"Unless otherwise specified, the terms 'includes', 'including', 'e.g.,', 'for example', and other similar terms are deemed to include the term 'without limitation' immediately thereafter."

"There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website."

"Although this Agreement may be terminated by you or us at any time and for any reason, the following provisions of these Terms of Use shall survive any such termination."

"Use of the Site where prohibited is void."

"These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company."

"The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision."

"To fully use the Claritude Membership Service, you must register by e-mail as a member by providing a password, valid email address and valid credit card information."

"The Claritude Membership Service is a paid, auto-renewing subscription service."

"If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email support@claritude.app with your account email and notice of cancellation."

"WHEN YOU PLAY A CLARITUDE GAME, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT [...] FAILURE TO ADHERE [...] MAY RESULT [...] IN TERMINATION OF YOUR ACCOUNT [...] AS DETERMINED BY CLARITUDE IN ITS SOLE DISCRETION."

"You may not post or share Content that: is obscene, pornographic, or sexually explicit; depicts graphic or gratuitous violence; makes threats of any kind; or that intimidates, harasses, or bullies anyone."

"Claritude expects and requires fairness on the part of its players. [...] By enrolling in one of Claritude’s games, the player accepts all of Claritude's terms and conditions and acknowledges that the decisions of Claritude's officials shall be final and conclusive."

"The Company allows you to upload and share user-generated Content with your friends, including photographs and videos you upload from your camera, webcam or mobile phone."