Welcome to the linkpasser.com ("Linkpasser") Web site (the "Site"). Linkpasser.com is a trademark of Freedom Square Media, LLC ("FSM"). Please review the following terms and conditions concerning your use of this Web site. By accessing, using or downloading any materials from the Web site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web site.
Linkpasser reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Linkpasser will notify you via email. What constitutes a "material change" will be determined at Linkpasser's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Subject to full compliance with the Terms of Use, Linkpasser may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Linkpasser performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, hyperlinks, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Linkpasser may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Linkpasser may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
As a condition to using Services, you are required to register with Linkpasser and select a password and screen name ("Linkpasser Username"). You shall provide Linkpasser with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Linkpasser account. You may not (i) select or use as a Linkpasser Username a name of another person with the intent to impersonate that person; (ii) use as a Linkpasser Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Linkpasser Username a name that is otherwise offensive, vulgar or obscene. Linkpasser reserves the right to refuse registration of, or cancel a Linkpasser Username in its discretion. You shall be responsible for maintaining the confidentiality of your Linkpasser password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
As a condition of use, you promise 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 Linkpasser.
By way of example, and not as a limitation, you agree not to use the Services:
Linkpasser may remove any Content and Linkpasser accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@linkpasser.com.
Linkpasser respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email abuse@linkpasser.com.
Linkpasser's current privacy policy is available at http://www.linkpasser.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
You will indemnify and hold harmless Linkpasser, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Linkpasser Username, of any intellectual property or other right of any person or entity.
You acknowledge that Linkpasser has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Linkpasser from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Linkpasser makes no representations concerning any content contained in or accessed through the Site, and Linkpasser will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Linkpasser has no control over such sites and resources, you acknowledge and agree that Linkpasser is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Linkpasser shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
IN NO EVENT SHALL Linkpasser OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Linkpasser may terminate or suspend any and all Services and your Linkpasser account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Linkpasser account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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 Linkpasser in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Linkpasser shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Linkpasser's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Linkpasser's prior written consent. Linkpasser may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
Linkpasser may terminate or suspend any and all Services and your Linkpasser account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Linkpasser account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by FSM.
Linkpasser, the Linkpasser logo and/or other Linkpasser products referenced herein are trademarks of FSM, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright © 2007 FSM. All rights reserved.
Linkpasser may terminate or suspend any and all Services and your Linkpasser account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Linkpasser account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Web site and its employees are not affiliated with any other companies or websites mentioned on the Web site.
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact jim@linkpasser.com.