Terms and Conditions

We at So Near LLC would like to thank you in advance for your interest in creating a character in our game. We want to make sure that you play in accordance with the rules. In order to start playing and creating your own character, you must accept the following terms and conditions. If you don't understand these terms, you should review them with your parents. Parents who grant permission for their kids to begin playing Kleek, you also need to adhere to these terms, and make sure that your kids do as well.

 

About Kleek.com

 

Kleek.com, this web site, related Kleek characters and all associated activities (we call all that "Kleek") is an online service operated by So Near LLC (we usually call ourselves "So Near").  Kleek is essentially a very advanced chat room. This site allows players to chat live with one another, play mini survey games that are associated around teen issues, submit their own questions to the game, shop for clothing (clothing on the site my be attached to a sponsor and link players off the site to find out more information about their product) and explore other player’s profiles. 

 

Follow the Rules! 

 

These terms and conditions (let's call them "Terms") apply to all and any use of Kleek.com and all and any postings, emails and other communications made to or using it or any services run by So Near ("Submissions"). If you use Kleek.com, or let your kids use Kleek.com, you agree to be bound by these Terms. Parents, you agree that your kids will follow the Terms too. If you -parents or kids - do not accept these Terms, you should not use Kleek.com, and should not make any Submissions. The rules are provided before you are able to sign up to create a character.  You read these Rules, which are the succinct guiding principles of behavior for players. You must also follow these Rules, to help ensure a safe and positive experience for all on Kleek.com. The Rules are a part of these Terms, but they are only a part.

 

Who Owns Kleek and everything related to it? 

 

So Near owns all materials that appear on this website, including any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, content, images or other materials, including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto. All such rights of So Near are hereby asserted and reserved, and you may not make any unauthorized use of the Content, including using Content in a way that is likely to cause confusion among consumers, using Content in a commercial manner, or otherwise infringing on So Near's rights.

 

Using Kleek.com

 

When you create a Kleek Account, you understand and agree that the materials are created from content provided to you by So Near, and that So Near continues to own that material. So Near does not promise that you will always be able to access your account, your character, or other information on the site. When you use Kleek.com, you must follow the Rules, including in your Submissions. The Rules are reiterated below - and expanded to give you more detail - for your reference:

 

*Don't Break the Rules! 

If we think you have violated the Rules, these Terms, or have otherwise broken the law or behaved inappropriately, we may terminate your account. We reserve the right to monitor any and all Submissions, and reserve the right to remove or to refuse to post any Submission. However, So Near does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site.
  
*Be Respectful of other Kleek players. 

Don't bully people, swear, or do anything inappropriate to make people feel uncomfortable. You may be joking, but people can get upset. This means that you can't put on the site anything that is mean, illegal, or might hurt someone, (this can be "unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate"). You also can't include anything that infringes the rights of a third party, including that party's trademark, copyright, patent, trade secret or other intellectual property rights. You can't try to register as your screen name a bad word, your own name, or someone else's name (so please, no "Britney Spears or Lindsey Lohan"!). You also can't include in your Submissions viruses, malware or illegal materials. If you break this Rule, we reserve the right to take appropriate action to remove the information from Kleek.com and, if necessary, to delete your account. So, please don't give us any reason to do this.

 

*Don't Give Out Information About Yourself!

Never share your real name on the site, or anyone else's for that matter. When you pick a screen name, pick a made up name. You can't include in your Submissions anything that contains personal information about yourself or another person. When using the site, you also can't make up stuff about yourself. Only give us your real info, and don't pretend to be someone you aren't, whether it is a real person, or a person you made up.

 

*No Cheating Allowed!

This doesn't just mean follow the Rules and these Terms, but also to be honest and truthful. If we ask you your age, you have to tell us your real age. If we say don't do something, that means, don't! Don't try to get around the security measures that we may have in place on the site. Don't try to interfere with someone else's use of the site, or try to get or use their screen names or passwords. Obviously, if it were allowed, it wouldn't be cheating. Duh!

 

*Going Offsite be careful out there!

We provide links to third party websites. Those links are provided as a service to our users. We do not sponsor or endorse those third parties (they financially sponsor us to keep this site going), nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself.

Personal Information. When you register the game will ask you for some personal information. Information you submit will be used as described in our Privacy Policy.

 

Be Careful!

 

So Near is engaged in the business of providing an entertainment and information service, and as part of its services may be transmitting, storing, retrieving, hosting, formatting, or translating third party communications, including Submissions. The views expressed in any Submission are the views of the individual contributors and not those of So Near unless specified otherwise by So Near. In particular but without limitation to the above So Near are not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in Submissions. So Near give no warranty and make no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or Kleek.com and shall not be responsible for any loss or damage caused as a result of any use of such material.

 

Be Responsible

 

You agree to indemnify and hold harmless So Near against all liability it may have in respect of and arising out of your use of So Near Services and your Submissions.

 

Liability

 

So Near provides and maintains Kleek.com for personal entertainment, on an "as is" and "as available" basis. So Near gives no warranty in connection with Kleek.com, including that Kleek.com will work for a particular purpose. So Near does not promise that the site will always be available, or that it will work perfectly. To the maximum extent permitted by law, So Near exclude liability for any loss or damage of any kind arising out of your use of Kleek.com, or any information, materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such arises out of any problem you notify to So Near and So Near shall have no liability to pay any money by way of compensation.

Termination

 

So Near shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of Kleek.com for any reason, including if you break the Rules or these Terms, if Kleek.com is bought by another company, or for any other reason.

 

Questions?

 

All questions, comments or enquiries should be directed:

    * by email to: questions@Kleek.com; or
    * by post to: Customer Service, So Near LLC, Los Angeles, California. 90036

 

Unsolicited Information

 

Please do not send any unsolicited ideas or suggestions relating to products, services, marketing plans, ideas for toys, games or other products, or any other suggestions, notes, ideas, inventions, drawings, designs, models, concepts, techniques or similar material and information. If we want something from you, we'll ask for it. Any such confidential or proprietary submissions that we did not specifically request will be destroyed. Any non-confidential and non-proprietary information which you may send to us will be considered as owned by So Near.

Linking to Kleek.com. Anyone linking to Kleek.com must not imply or suggest affiliations to Kleek or So Near that do not exist, and the link may not refer to or portray Kleek or So Near in a false, misleading, derogatory or otherwise offensive manner.

 

Notices

 

No representation or warranty is made as to whether Kleek.com complies with the regulatory regime and local laws of any other countries apart from the US. Any legal matters that arise will be subject to the laws and jurisdictions of the courts in the State of California, in the United States of America.

Miscellaneous. So Near act as principal on its own account and not as agent for you or any other person. If So Near does not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at So Near's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect. Use of Kleek.com and these terms are subject to the laws of the United States of America and the State of California, which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of the United States of America and the State of California and the parties submit to the exclusive jurisdiction of the courts of the United States of America and the State of California.

 

Check Back for Updates

 

So Near may make alterations to the Rules or these Terms from time to time. These changes shall become effective immediately as soon as they are posted on this site.