last modified Sep 1, 2012
1. ACCEPTANCE OF TERMS
Design215 Inc. provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice. You can review the current version of the TOS at: http://www.linkatopia.com/tos.php. Failure to comply with these TOS may result in account revocation.
2. DESCRIPTION OF SERVICE
Linkatopia.com is a web-based service that allows its members to store and retrieve links to other web sites (herein referred to as "the Service"). The Service is used and maintained through a web browser. Once registered with Linkatopia.com, each member receives access to a page they can customize and manage. Members can store links (URLs) to any resources available on the internet and may include text describing each link ("the Content"). This Content may reside on Design215's servers or on the servers of a third party.
You agree to indemnify and hold Design215 Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered member or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
6. 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.
7. SERVICE LIMITATIONS
You acknowledge that Linkatopia.com may establish general practices and limitations concerning use of the Service and may modify those general practices or limitations at any time.
8. MODIFICATIONS TO SERVICE
Linkatopia.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Linkatopia.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that Linkatopia.com, in its sole discretion, may terminate your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Linkatopia.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at Linkatopia.com's discretion, will be terminated as well. Linkatopia.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Linkatopia.com may immediately deactivate or delete your Linkatopia.com account and all related information and files. Linkatopia.com reserves the right to bar any further access to such files or the Service. You agree that Linkatopia.com shall not be liable to you or any third-party for any termination of your access to the Service.
11. ADVERTISEMENTS AND PROMOTIONS
Linkatopia.com reserves the right to run advertisements and promotions on various pages of the site, including but not limited to member pages. By using Linkatopia.com, you agree that Linkatopia.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Linkatopia.com on your page are subject to change. You agree that Linkatopia.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service, or relevant third parties, may provide links to other World Wide Web sites or resources. Because Linkatopia.com has no control over such sites and resources, you acknowledge and agree that Linkatopia.com 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 Linkatopia.com 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.
13. PROPRIETARY RIGHTS
You must acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Linkatopia.com code and specifications are subject to their said or implied licenses. Such code may not be used with malicious intent to find security vulnerabilities.
Guidelines for Content on your Linkatopia.com page shall be as follows:
As a registered member, you are responsible for how your account is used. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Linkatopia.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content on other pages that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Linkatopia.com's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
You further agree NOT to:
If your page is reported to be in violation with the letter or spirit of these terms,
Linkatopia.com retains the right to terminate such account at any time without further warning.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINKATOPIA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) LINKATOPIA.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKATOPIA.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKATOPIA.COM SHALL NOT BE LIABLE 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 LINKATOPIA.COM 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.
18. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Linkatopia.com and governs your use of the Service, superseding any prior agreements between you and Linkatopia.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Florida, U.S.A, shall govern the TOS and the relationship between you and Linkatopia.com. without regard to its conflict of law provisions. You and Linkatopia.com agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida, U.S.A. The failure of Linkatopia.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
3015 North Ocean Blvd.
Fort Lauderdale, FL 33308
tel +1 954 630.3695
fax +1 954 566.6155