THESE TERMS MAY BE MODIFIED BY LINKEY PROJECT AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON MAY 1, 2013. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@LINKEYPROJECT.COM.
1. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
The Site and its contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Site and the Content are the sole property of Linkey Project and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. Linkey Project does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content (excluding Your Submissions, if any (as described below)). You may not copy (except as expressly permitted by this license), modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content, except to the extent as may be permitted by the licensing terms governing the use of any open source components included with the Content (please see below).
2. LICENSE GRANT
The Site is distributed with portions of open source code that are licensed under the GNU General Public License. The terms of this license can be found at (http://www.gnu.org/licenses/). Subject to the following terms, Linkey Project grants to you a perpetual, worldwide license to the Site's software pursuant to the GNU General Public License v.3 ("GPLv3 License") as published by the Free Software Foundation (http://www.fsf.org/). The GPLv3 License for the open source software components and software component's source code, permits you to run, copy, modify, and/or redistribute the open-source software components (subject to certain FSF obligations in some cases) . These Terms pertain solely to the Content and do not limit your rights under, or grant you rights that supersede, the license terms of any particular open source component. To the extent that any of the terms set out in these Terms conflict with any contained in the GNU license, the conflicting terms will not apply to the corresponding GNU open source code and GPLv3 License. You can access the GPLv3 source code at http://www.fsf.org/.
3. ELIGIBILITY; SCOPE OF TERMS
You must be over the age of legal majority in your particular jurisdiction to access or use the Site. These Terms govern your access and use of the Site and all applications, software and services (collectively, "Services") available via the Site, except to the extent such Services are subject to a separate agreement. Additional terms may apply to the use of some or all of the Services provided to you via the Site.
In the event Linkey Project develops "Forums" for end users as part of the Site and service, Linkey Project will require individuals to register, and upon registration You will have the opportunity to post comments, posts, content, media, materials or information ("Submissions") in forums, wikis, bulletin boards, chat rooms or other public areas. To access these Forums, You may be asked to provide registration details such as personal information. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If Linkey Project believes the details are not correct, current, or complete, Linkey Project has the right to refuse your access to the Site, or any of its resources.
4. RESTRICTIONS REGARDING YOUR USE OF THE SITE
In connection with your use of the Site, you agree that you shall not: (i) transmit or communicate any data or information that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Site user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in Linkey Project's judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (xiii) undertake any acts not expressly permitted under the Terms.
Linkey Project may discontinue or suspend the Site, any aspect of the Site or the Site's Services at any time, in its sole discretion, without notice and liability to any user. Linkey Project may block, terminate or suspend your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Site. You acknowledge and agree that Linkey Project shall not be liable to you or any third party for any termination or suspension of your access to the Site.
6. DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINKEY PROJECT, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE AND ITS CONTENT. LINKEY PROJECT AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY LINKEY PROJECT IN THE TERMS. LINKEY PROJECT DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold harmless Linkey Project, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
Linkey Project respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site through our contact us page.
10. LINKS TO OTHER SITES
From time to time, Linkey Project may provide links on the Site that will allow you to access the websites of third parties ("Linked Sites"). Linkey Project has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of Linkey Project and Linkey Project does not endorse or sponsor the products, services, information, content, advertising, code or other materials presented on or through these Linked Sites. Your use of the Linked Sites or their products, services, information, content, advertising, code or other materials presented on or through the Linked Sites is at your own risk. Under no circumstances will Linkey Project be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Sites. You should direct any concerns to that site's administrator or webmaster.
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and Linkey Project, these Terms constitute the entire agreement between You and Linkey Project with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to you at your address on record with Linkey Project. You may provide notices to Linkey Project via email to firstname.lastname@example.org or by writing to Aztec Media inc., PO Box 51968, Limassol 3509 Cyprus.