TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF SERVICE.
The following are the rules that govern use of the LINKS2GO web site and the services that we offer, including without limitation email, a searchable directory of web sites, links to other web sites, and access to news and informational content.
LINKS2GO is not intended for use by persons under the age of eighteen without parental supervision.Individuals who are under eighteen are expressly prohibited from using or posting any personally identifiable information about themselves.
You understand and agree that LINKS2GO may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LINKS2GO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LINKS2GO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
COPYRIGHT AND TRADEMARKS
LINKS2GO, GoGuides, Inc. and DataSpear.com are the product and service names contained in the Site are either trademarks or registered trademarks of GoGuides, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LINKS2GO. All website materials, including, without limitation, text, graphics, logo?s, design, and other files, and the selection and arrangement thereof are Copyright (c) 2006 and/or its suppliers ALL RIGHTS RESERVED. Except as stated herein, none of the material on LINKS2GO may be reproduced, copied, distributed, downloaded, displayed, republished, posted or transmitted in any form or by any means, including, but not limited to, electronic, photocopying, mechanical, recording or otherwise, without the prior written permission of LINKS2GO or the respective copyright owner GoGuides, Inc. Permission is granted to display and use the materials on the Site for personal, noncommercial and informational use only, provided that you may not, without the permission of LINKS2GO or the respective copyright owner, (a) copy, publish, duplicate, or distribute any materials, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
LINKS2GO Agent for Notice of claims of copyright or other intellectual property infringement can be reached at:
c/o GoGuides, Inc.
PO BOX 2733
Middlesboro, KY 40965
By phone: (423) 869-0688
By fax: (423) 869-0633
By email: firstname.lastname@example.org
USER CONTRIBUTIONS TO THE SITE
LINKS2GO provides users with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site, whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not LINKS2GO or GoGuides, Inc., are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. You fully understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
Users or website submitters can be held liable for any illegal or prohibited User Content provided to LINKS2GO or to other users, including, for example, infringing, defamatory, or offensive materials.
So that LINKS2GO is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through LINKS2GO User Content that:
Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, obscene, invasive of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");
Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by LINKS2GO or any other party;
Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of LINKS2GO:
Impersonate any person or entity, including a LINKS2GO or GoGuides, Inc. officer or employee, or falsely misrepresent your affiliation with any other person or entity;
Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site;
Engage in commercial activities and/or sales without LINKS2GO prior written consent.
Post or transmit any Content that you do not have the right to post or transmit;
Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities.
Disrupt the ordinary flow and operation of any portion of LINKS2GO.
Interfere with or disrupt LINKS2GO or any server or network involved with the operation of the Site;
Stalk or harass any other person; or
Collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
SUSPENSION AND/OR TERMINATION RIGHTS
LINKS2GO reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your website or registration for any program, your ability to access the Site, your ability to utilize any services offered, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TOS conduct by you that LINKS2GO determines to be inappropriate. You agree that LINKS2GO shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
LINKS2GO is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the TOS (Terms of Service), and is not obligated to maintain back-up copies of any contributed User Content (website submissions) or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Links2go, GoGuides, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through our Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
You may create a hyperlink to LINKS2GO provided such link and the content associated with the link do not portray LINKS2GO or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a LINKS2GO logo or other proprietary graphic or trademark of LINKS2GO to link to the Site without the express written permission of LINKS2GO. This permission may be revoked at any time.
MODIFICATIONS TO SERVICE
LINKS2GO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LINKS2GO or GoGuides, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service or listing.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to LINKS2GO, or postings on the Site, are nonconfidential and shall become the sole property of LINKS2GO and/or GoGuides, Inc. LINKS2GO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to LINKS2GO irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LINKS2GO! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LINKS2GO, ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY LINKS2GO OR ITS SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT LINKS2GO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, LINKS2GO, ITS SUPPLIERS, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
LINKS2GO AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. LINKS2GO AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR INFORMATION PROVIDED BY LINKS2GO VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DO LINKS2GO OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LINKS2GO OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
LINKS2GO AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF LINKS2GO, ITS SUPPLIERS, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
No advice or information, whether oral or written, obtained by you from LINKS2GO or through or from the Site shall create any warranty not expressly stated in the Terms of Service. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither LINKS2GO nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL LINKS2GO OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKS2GO! AND ITS SUBSIDIARIES, AFFILIATES, 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 LINKS2GO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the Superior Court of Tennessee, or the United States District Court for the Eastern District of Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
Notwithstanding any of these Terms of Service, LINKS2GO reserves the right, without notice and in its sole discretion, to terminate your permission to use the Site, for any or no reason, and to block or prevent future access to and use of the Site. LINKS2GO may, in its sole discretion, discontinue or alter any or all aspects of the Site or the services offered thereon at any time without notice. This includes removal of any website or changes in the description or url of listings in the directory without notice, even if the listing was included using the paid review program.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service along with the Paid Review Program Guidelines constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.