Date of last revision: 11 December,
2007
GENERAL
Welcome to Linkory.com, a social networking
site where users are able to post their memories, invite others to share in
their memories and create communities where users may share their common
experiences.
The services offered by Memory
Highway Ltd and its corporate affiliates (collectively, "us",
"we" or "the Company") include the Linkory.com website and
any other features, content, or applications offered from time to time by the
Company in connection with the Linkory.com website (collectively, Linkory.com
or the "Services"). By accessing or using the Services you agree that
you have read, understand and agree to be bound by these Terms of Use
("Terms of Use"), whether or not you are a "Registered User" (which
means that you have registered with Linkory.com) or a "Visitor" (which means
you are just browsing at Linkory.com). The term "User" refers to a
Visitor or a Registered User.
We reserve the right, at our sole
discretion, to change, modify, replace, add to or delete the Terms of Use at
any time without further notice. Although we may attempt to notify you when
major changes are made to these Terms of Use, you should periodically review
the most up-to-date version. You shall be responsible for reviewing and
becoming familiar with any such modifications. Your continued use of the
Services after any such changes constitutes your acceptance of the modified terms
and conditions of the Terms of Use. If you do not agree to abide by these or
any future Terms of Use, do not use or access (or continue to use or access)
the Services. It is your responsibility to regularly check the Linkory.com Website
to determine if there have been changes to these Terms of Use and to review
such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS, RIGHTS AND RESTRICTIONS WHEN
USING THE SERVICES. If you do not agree
with THESE TERMS OF USE, you should leave the LINKORY.COM Website and discontinue
use of the Services immediately.
YOUR OBLIGATIONS
The Services are intended solely
for individuals who are thirteen (13) years of age or older. By accessing and
using these Services, you are certifying that you are at least thirteen (13)
years old. Furthermore, you represent and warrant that you have the right,
authority, and capacity to enter into this agreement and agree to be bound by
these Terms of Use, whether or not you are a Registered User of Linkory.com. Any
registration by, use of or access to the Services by anyone under 13 is
unauthorized, unlicensed and in violation of these Terms of Use.
You may be required to register
with Linkory.com in order to access some features of the Services. In this
event, you shall provide Linkory.com with accurate and complete registration
information. If any of your information changes, you agree to update your
registration information as soon as possible. Failure to do so shall constitute
a breach of the Terms of Use, which may result in the immediate termination of
your Linkory.com registration.
As part of the registration
process, you will be asked to select a password and you will be responsible for
all activities occurring under your account. You shall also be responsible for
maintaining the confidentiality of your Linkory.com password and you must
notify Linkory.com immediately of any breach of security or unauthorized use of
your account.
USER CONDUCT, CONTENT AND
PROHIBITED ACTIVITY
As a condition of use, you agree not to use the Services
for any purpose that is unlawful or prohibited by these Terms of Use, or any
other purpose not reasonably intended by the Company. We reserve the right to
investigate and take appropriate legal action against anyone who, in our sole
discretion, violates this provision, including without limitation, removing the
offending communication from the Services and terminating the registration of
such violators.
The following is a partial list of
the type of content (including text, graphics, audio or video content, files or
any other material, hereinafter collectively referred to as the "User
Content") that is illegal or prohibited to post, upload, transmit disseminate
or distribute on or through the Services. Prohibited User Content includes, but
is not limited to content that, in the sole discretion of the Company:
1. intimidates,
harasses, advocates harassment, abuses, defames, degrades, victimizes or
threatens an individual or group of individuals for any reason;
2. promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
3. constitutes
a breach of any an individual's or a group of individual's privacy or
publicity rights, a misrepresentation of facts, or hate speech;
4. includes
a photograph, video or audio of another individual or group of individuals that
you have posted without full consent;
5. includes
text mentioning or discussing another individual or group of individuals that
you have posted without full consent;
6. may
harm or exploit minors in any way, including child pornography;
7. exploits
people in a sexual or violent manner;
8. incites,
advocates or expresses pornography, gratuitous violence, criminal or tortuous
activity;
9. contains
nudity, violence, or otherwise offensive subject matter;
10. violates or encourages
others to violate any law, ordinance, statute or right of any third party;
11. is defamatory, libelous,
infringing, obscene, profane, vulgar, pornographic, sexually explicit abusive
or offensive;
12. includes links to adult or
otherwise offensive websites;
13. promotes information that is
false or misleading;
14. promotes illegal activities
or provides instructional information regarding illegal activities;
15. infringes or violates any
patent, copyright, trademark, trade secret or other property right;
16. breaches a duty of
confidentiality by which you are bound due to a contractual or fiduciary
relationship;
17. promotes the use of an
illegal or unauthorized copy of another person's copyrighted work;
18. includes any personal
identifying or contact information such as telephone numbers, street addresses,
URLs or email addresses of the User or any other individual or group;
19. solicits personal
identifying information for commercial or unlawful purposes from other Users;
20. promotes commercial
activities without the express written consent of the Company;
21. is off-topic and is deemed
to have no bearing on the memory under discussion;
22. contains viruses, harmful
files, Trojan horses, worms or intrusive programming routines;
23. misrepresents the source of the
posted User Content;
The following is a partial list of the kind of activity
that is illegal or prohibited when using the Services. Prohibited activity
includes, but is not limited to:
1.
impersonating other Linkory.com Users or any other person;
2.
creating a false or misleading identity on the Services or otherwise
misrepresenting yourself, your age or your affiliation with any person or
entity;
3.
registering for the Services by automated means or under false or
fraudulent pretenses;
4.
using the account or password of another Registered User at any time,
disclosing your password to any third party or permitting any third party to
access your account;
5.
using the Services in a manner inconsistent with any and all applicable
laws and regulations, including all local laws regarding online conduct,
acceptable User Content and copyright;
6.
using information obtained from the Services in order to harass, abuse,
or harm another person;
7.
advertising to or solicitation of other Users of the Services;
8.
submission of User Content linking to affiliate programs and multi-level
marketing schemes;
9.
transmitting "chain letters", "junk email", "spam", "pyramid schemes" or
unsolicited communications of any kind through the Services;
10.
using automated scripts to collect information from or otherwise
interact with the Services, with the exception of accessing RSS feeds. Â Prohibited
activities include using scripts to create and edit User accounts, send
comments or messages, or the employment of any spider, robot or other automated
means to access the Services for any purpose without our express permission;
11.
posting or transmitting any communication or solicitation designed or
intended to obtain password, account or private information from any other User
of the Services for commercial or unlawful purposes;
12.
solicitation of personal information from anyone under the age of
eighteen (18);
13.
interfering with or disrupting the proper working of the Services, or
creating an unreasonable or disproportionately large load on the Services or
networks connected to the Services;
14.
avoiding or bypassing any measures employed in order to prevent or
restrict access to the Services;
15.
using Linkory.com as a forwarding service to another Web site;
16.
harvesting or collecting email addresses, contact information or any
other personally identifiable information of Users from the Services by electronic
means;
17.
falsifying headers or otherwise manipulating identifiers in any
electronic transaction in order to disguise the origin of any User Content or
transmissions;
18.
relaying emails through the Services without our express written
permission or using the Services to relay or retransmit multiple commercial
email messages with the express purpose of deceiving or misleading recipients
or an Internet access service about the true origin of the messages;
19.
transmitting emails through the Services with a "subject" line that is
intended to mislead the recipient as to the subject matter or the content of
the email;
20.
exceeding the scope of the services that you have signed up for or
modifying other people's entries when you have not been granted the privileges
to do so;
The Company may, but is not
obligated to, review the Services and associated User Content and reserves the
right to, without notice, delete, modify or remove any site content or User Content
at its sole discretion for any reason or no reason. We may, but shall have no
obligation to, remove materials that in the sole judgment of the Company violates
these Terms of Use or might be offensive, obscene, objectionable, unlawful,
defamatory, libelous or that might violate the rights or threaten the safety of
any group or individual.
The Company reserves the right, in its sole discretion,
to refuse to publish any submission or remove any User Content posted by any User,
or to restrict, suspend, or terminate a User's access to all or any part of the
Services at any time, for any or no reason, with or without prior notice and
without liability.
Despite Users agreeing to these
Terms of Use, postings may contain material in violation of the Terms of Use. The
Company assumes no responsibility or liability for this material. If you become
aware of misuse of the Services by any person, including objectionable User Content,
inappropriate behavior or violation of a property right, please click on the
"Report Abuse" link that is included on pages where memories are displayed.
You should state the reasons for your concern and details of the behavior in
question. We may, in our sole discretion, investigate the matter and take such
action as is determined to be appropriate.
The Company does not endorse any User
Content posted on the Services and expressly disclaims any and all liability in
connection with User submissions. User Content is not necessarily reviewed by the
Company prior to posting and we make no warranties, express or implied, that
the User Content will adhere to the Terms of Use or will not be libelous,
abusive, harmful, threatening, obscene, objectionable, unlawful, privacy
invading or may infringe the intellectual property or other rights of another.
Posted User Content does not necessarily reflect the opinions or policies of the
Company.
The Services may provide, or posted
User Content may include links to other World Wide Web sites or resources. The
Company has no control over and is not responsible for the content, material,
privacy policies or practices of any third party websites. By using the
Services, you expressly relieve the Company from any and all liability arising
from your use of any external sites or resources.
The Services must not be used as a
backup service for User Content. All Users are solely responsible for creating
backup copies and replacing User Content that has been posted on the Services.
USER CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICES
The Company does not claim any
ownership rights in any User Content that you submit, post, or display on or
through the Services. By submitting User Content, you are representing that you
are the creator of the material you submit, or have authorization to distribute
it. You may not post, modify, distribute, or reproduce in any way any material
that is copyrighted, trademarked, protected by trade secrets, or other
proprietary information belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. After posting your User Content
through the Services, you continue to retain all ownership rights in such content,
and you continue to have the right to use your content in any way you choose.
By sending User Content to the Services or posting any User Content on or
through the Services, you expressly grant the Company a worldwide,
royalty-free, and irrevocable non-exclusive perpetual transferrable license to publicly
display, use, modify, reproduce, create derivative works from and distribute
such User Content (and all components or underlying works making up the content)
on and through the Services or other affiliated or related ventures. This
license is sub licensable and transferable, and includes the right of the
Company to promote and redistribute part or all of the Services (and derivative
works thereof) in any media formats and through any media channels.
COPYRIGHT INFRINGEMENT AND
COMPLAINTS
We respect the intellectual
property of others, and we ask our Users to do the same. You may not post,
modify, distribute, or reproduce in any way any copyrighted material belonging
to others without obtaining the prior written consent of the owner of such
proprietary rights. Linkory.com will, at its sole discretion, terminate the
Linkory.com registration account of any User who infringes the copyright rights
of others, whether or not there is any repeat infringement.
It is the Company's policy to
respond expeditiously to claims of copyright and other intellectual property
infringement. If you believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement, please provide our
Copyright Agent with a notice of alleged infringement that complies with the
Digital Millennium Copyright Act of 1998 (the "DMCA"), The requirements for
notices under the DMCA can be found at http://www.copyright.gov/title17/92chap5.html#512.
Linkory.com's agent for notice of claims of copyright or other intellectual
property infringement can be reached at copyrightagent@linkory.com. We
suggest that you consult with a legal advisor before filing a notice under the
DMCA as you may be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that an activity is infringing your copyright.
Upon receipt of proper notification
of alleged copyright, we may promptly remove or disable access to the allegedly
infringing material. In addition, we will make reasonable attempts to contact
the User who posted the content on the Services. If you believe that your
posted material does not constitute infringement, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your submission, then you
may provide the Company with a counter notification that complies with the
Digital Millennium Copyright Act of 1998 (the "DMCA"), The requirements for
notices under the DMCA can be found at http://www.copyright.gov/title17/92chap5.html#512.
We suggest that you consult with a legal advisor before filing a notice under
the DMCA as you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that an activity is not infringing on the
copyrights of others.
INDEMNITY
You agree to defend, indemnify and
hold harmless the Company, its parent corporation, subsidiaries, affiliates,
officers, directors, employees, contractors, agents, vendors and customers from
and against any loss, liability, claim, demand, damages (actual and
consequential), suits, judgments, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with any User Content, any
Third Party Applications or software you post or share on or through the Services,
your use of the Services, your connection to the Services, your conduct in
connection with the Services or with other Users of the Services, or any
violation of the Terms of Use or of any law or the rights of any third party
including without limitation any copyright, property, or privacy right. This
defense and indemnification obligation will survive these Terms of Use and your
use of the Services.
WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE
SERVICESIS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM
COMPUTER VIRUS, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
You acknowledge
that THE COMPANY AND its
affiliates, licensors, partners, members, suppliers, employees, consultants and
agents disclaim any and all responsibility or liability for the accuracy,
copyright compliance, legality or decency of material contained in or accessed
through the SERVICES. FURTHER, YOU ACKNOWLEDGE THAT THE COMPANY expressly
disclaims any and all responsibility and liability for the conduct of any other
USER, OR the USER CONTENT SUBMITTEd by any REGISTERED USER. ALSO, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY has no control over which users gain access to the Site AND BECOME
REGISTERED USERS.
You release THE
COMPANY from all liability for you having acquired or not acquired Content
through the SERVICES, EVEN IF YOU FIND SUCH CONTENT offensive or inappropriate.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
Some jurisdictions do not allow the
exclusion of certain warranties or limitation of implied warranties, so the
above disclaimers and exclusions may not apply to you.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE WEB SITE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY
DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LINKS
The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources. Those
third party services and Web sites are not governed by Linkory.com's Terms of
Use, but may be governed by other terms of use. These links may lead
unintentionally to sites containing information that some people may find
inappropriate or offensive. The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. You therefore acknowledge and agree that by using the
Services, you expressly relieve the Company from any and all liability arising
in connection with your use of any third-party website.
We encourage you to be aware when
you leave the Services and access any third party services, you should read the
terms and conditions and privacy policy of each website that you visit.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO
USE THE SERVICES OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES;
(2) ERRORS, MISTAKES, OR
INACCURACIES OF USER CONTENT;
(3) USER CONTENT POSTED, STATEMENTS
OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES;
(4) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF THE SERVICES;
(5) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(6) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND FINANCIAL INFORMATION
STORED THEREIN;
(7) ANY BUGS, TROJAN HORSES,
VIRUSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES;
(8) LOST DATA ARISING FROM YOUR
USE OF THE SERVICES; OR
(9) ANY OTHER MATTER RELATING TO
THE SERVICES OR LINKORY.COM.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE
COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT OF ANY THIRD
PARTY. THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TERMINATION
These Terms of Use will apply to your use of the Services.
At any time, you may terminate your account which will remove your profile and
other personal information from view. You agree that the Company may, without
prior notice or liability, terminate or suspend your user account, for any
reason. Once your registration terminates, you will have no right to use the Services
and the Company may, in its sole discretion, remove your previously posted User
Content. All provisions of the Terms of Use, our proprietary rights, ownership
provisions, disclaimer of warranties, indemnities, limitations of liability and
miscellaneous provisions shall survive any termination of your registration.
The Company may also, in its sole discretion and at any
time, modify or discontinue temporarily or permanently providing the Services,
or any part thereof, with or without notice. You agree that the Company shall
not be liable to you or any third party for any termination of your account or
access to the Services.
SUBMISSIONS
You acknowledge and agree that any ideas,
comments, suggestions, feedback, proposals or other information about the
Services ("Submissions"), provided by you to the Company do not
contain confidential or proprietary information and shall automatically become
the sole property of the Company. We shall be entitled, at our sole discretion,
to use or disclose such Submissions without acknowledgment or compensation to
you.
PROPRIETARY RIGHTS AND TRADEMARKS
You acknowledge and agree that the
Company, its affiliates and licensors own and retain all rights in the Services,
which contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. Except as expressly permitted
the Company, you agree not to copy, modify, rent, publish, lease, loan, sell,
distribute or create derivative works based on the Services, in whole or in
part.
LINKORY, LINKORIE, LINKORIES,
MEMORY HIGHWAY and other company graphics, logos, designs, page headers, button
icons, scripts and service names are registered trademarks, trademarks or trade
dress of Company (the "Linkory Marks") in the U.S. and/or other
countries. You agree not to display, copy, imitate or use, in whole or in part,
the Linkory Marks in any manner without the prior written permission of the
Company.
PRIVACY POLICY
The privacy of our Users is
important to us. The policies and practices regarding the collection, use,
disclosure and sharing of any personal information you submit to the Company
are contained in a separate privacy policy posted on Linkory.com (the "Privacy
Policy"). It is important that you read the Privacy Policy.
OTHER
No agency, partnership, joint venture, or employment is
created as a result of the Terms of Use and you do not have any authority of
any kind to bind the Company in any respect whatsoever. These Terms of Use
constitute the entire agreement between you and the Company and governs your
use of the Services, superseding any prior agreements between you and the
Company, written or oral, with respect to the Services. The failure of Company to
exercise or enforce any right or provision of the Terms of Services shall not
be deemed as a waiver of such right or provision. If any provision of the Terms
of Use is found to be unlawful, unenforceable, void or invalid, then that
provision shall be deemed severable from these Terms of Use. The remainder of
Terms of Use shall continue in full force and effect. Any waiver of any
provision of the Terms of Use by a party will be effective only if in writing
and signed by a party. The Company may transfer, assign or delegate the Terms
of Use and its rights and obligations without consent.
Please contact us with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
