|
Go to:
Paylinkpal Home
Terms of Use and Service
The
following are the terms and conditions that govern the use of the
PaylinkPal.com website("The Site"). Please read them carefully, and
keep them for future reference. The PaylinkPal.com Web Site Terms of
Use Agreement (the “Terms of Use”) is between the party using The Site
(”you”) and PaylinkPal.com (”we” or “us”). You should carefully read
the Terms of Use before using The Site. By using The Site you agree to
be bound by the terms and conditions set forth in the Terms of Use.
1. We agree to provide you access to The Site in accordance with the
Terms of Use.
2. You agree to use The Site in a manner consistent with the Terms of
Use and all applicable rules and regulations. You acknowledge that you
have read the Terms of Use and that you accept the terms thereof. You
agree to read these terms of use carefully before using The Site. If
you do not agree to the Terms of Use, you may not access or otherwise
use The Site.
3. You accept that The Site is provided on an “as is, as available”
basis.
4. The materials included in The Site are for general information
purposes only. PaylinkPal.com does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other
information displayed or distributed through The Site. You acknowledge
that any reliance upon any such materials, opinion, advice, statement,
memorandum, or information shall be at your sole risk. PaylinkPal.com
reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of The Site.
5. Your access to and use of The Site may be terminated at any time
for any reason or for no reason by you or by us by the sending of
notice to the other party.
6. We may, subject to and in accordance with our Privacy Policy, for
certain purposes collect, process and transmit certain data obtained
from and about you in the course of your accessing the site. By
agreeing to these terms you agree to such data being so used in
accordance with our privacy policy and under any applicable privacy
and data protection legislation. Information on how and what type of
data (if any) is collected about you can be obtained by clicking here
to review our Privacy Policy or by contacting us.
7. The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. You are authorized to download
one copy of the material displayed or performed on The Site
(”Content”) on one computer for your personal, non-commercial use only
but you may not in so doing remove or amend any trademark, copyright
or other proprietary notice. All materials contained on The Site are
protected by copyright, and are owned or controlled by PaylinkPal.com
or the party credited as the provider of the Content. You will abide
by any and all additional copyright notices, information, or
restrictions contained in any Content on The Site. Permission is given
to view the material on these web pages and save that material only
for your personal reference. Copying or storing of any Content for
other than personal, noncommercial use is expressly prohibited without
the prior written permission from PaylinkPal.com or the copyright
holder identified in the individual Content's copyright notice.
8. Subject to the above, you may not modify, copy, distribute,
republish or upload any of the material on The Site in any way unless
you obtain the prior written consent of PaylinkPal.com. No
intellectual property or other rights shall be transferred to you
through your use of The Site. We are not able to confirm that the
materials contained on these web pages are correct in every case.
PaylinkPal.com reserves the right to make changes to The Site,
including the availability of any feature, database, Content, Web page
materials, product information and prices on The Site at any time
without notice or liability. PaylinkPal.com may also impose limits on
certain features and services or restrict your access to parts or all
of The Site without notice or liability.
9. To the extent that any portions of The Site (such as “chat rooms”
or “bulletin boards”) provide users an opportunity to post and
exchange information, ideas or opinions (”Postings”), be advised that
we do not screen, edit, or review Postings prior to their appearance
on this web site, and Postings do not necessarily reflect our views.
To the fullest extent permitted by applicable laws, we exclude all
responsibility and liability for the Postings or for any losses or
expenses resulting from their use and/or appearance on The Site.
10. You represent, warrant and covenant that: (a) you shall not
upload, post or transmit to or distribute or otherwise publish through
The Site any materials which (i) restrict or inhibit any other user
from using and enjoying The Site, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iii) constitute
or encourage conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate law, (iv) violate,
plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary right, (v) contain a virus or other
harmful component, (vi) contain any information, software or other
material of a commercial nature, (vii) contain advertising of any
kind, or (viii) constitute or contain false or misleading indications
of origin or statements of fact; and (b) that you are at least
eighteen (18) years old.
11. We reserve the right to monitor all Postings or other materials
posted on The Site and to remove any which we consider in our absolute
discretion to be offensive or otherwise in breach of these Terms of
Use. We do not and cannot review all materials posted to The Site by
users, and we are not responsible for any such materials posted by
users. However, we reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in the sole discretion of
PaylinkPal.com are objectionable or in violation of these Terms of
Use.
12. You hereby represent and warrant that you have all necessary
rights in and to all Postings you provide and all material they
contain and that such Postings shall not infringe any proprietary or
other rights of third parties. By posting messages, uploading files,
inputting data or engaging in any other form of communication
(individually or collectively “Communications”) to The Site, you
hereby grant to PaylinkPal.com, subject to our Privacy Policy, a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty free license to use, copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit, modify,
edit and otherwise exploit such Communications, in all media now known
or hereafter developed. You hereby waive all rights to any claim
against PaylinkPal.com for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
13. You acknowledge that transmissions to and from The Site may be
read or intercepted by others, although illegal. Any unprotected
e-mail communication over the Internet is subject to possible
interception or loss, is not confidential and is also subject to
possible alteration. We are not responsible for and will not be liable
to you or any third party for damages in connection with an e-mail
sent by you to us or an e-mail sent by us to you, or anyone you
designate, at your request. Violators of this section who use our
services for any illegal purpose including but not limited to repeated
unwanted emails or “Spam,” may be prosecuted to the full extent of the
law. You acknowledge that by submitting Communications to
PaylinkPal.com, no confidential, fiduciary, contractually implied or
other relationship is created between you and PaylinkPal.com other
than pursuant to these Terms of Use and any subsequent written
agreement entered into with PaylinkPal.com.
14. The Site, including all content, software, functions, materials
and information made available on or accessed through the site, is
provided “as is, as available.” to the fullest extent permissible by
law. PaylinkPal.com and its subsidiaries and affiliates make no
representation or warranties of any kind whatsoever for the content on
the site or the materials, information and functions made accessible
by the software used on or accessed through the site, for any products
or services or hypertext links to third parties or for any breach of
security associated with the transmission of sensitive information
through the site or any linked site. Further, PaylinkPal.com and its
subsidiaries and affiliates disclaim any express or implied
warranties, including, without limitation, non-infringement,
merchantability or fitness for a particular purpose. PaylinkPal.com
does not warrant that the functions contained in the site or any
materials or content contained therein will be uninterrupted or error
free, that defects will be corrected, or that the site or the server
that makes it available is free of viruses or other harmful
components. PaylinkPal.com and its subsidiaries and affiliates shall
not be liable for the use of The Site, including, without limitation,
the content and any errors contained therein. Further, in no event
will PaylinkPal.com be liable for any loss of profits, business, use
of data or for indirect, special, incidental or consequential damages
of any kind whether based in contract, negligence or other tort. To
the fullest extent permitted by applicable laws, we on behalf of our
employees, agents, suppliers, and contractors, disclaim and exclude
liability for any losses and expenses of whatever nature and howsoever
arising, including without limitation any direct, indirect, special,
punitive, or consequential damages, loss of use, loss of data, loss
caused by a virus, loss of income or profit, loss of or damage to
property, claims of third parties, or other losses of any kind or
character, even if we have been advised of the possibility of such
damages or losses, arising out of or in connection with the use of The
Site or any web site with which it is linked. You assume total
responsibility for establishing such procedures for data back up and
virus checking as you consider necessary.
15. You hereby agree to indemnify, defend and hold PaylinkPal.com, and
all its officers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, the
“Indemnified Parties”) harmless from and against any and all liability
and costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these Terms of Use or the
foregoing representations, warranties and covenants, including,
without limitation, attorneys' fees and costs. You shall cooperate as
fully as reasonably required in the defense of any claim.
PaylinkPal.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of PaylinkPal.com.
16. Where we provide hypertext links from or to third party sites we
do so for convenience and information purposes only. We do not
endorse, approve or control, and are not responsible for any sites
linked from or to The Site, the content of those sites, the third
parties named therein, or their products, resources or services.
Linking to any other site is at your sole risk and we will not be
responsible or liable for any damages in connection with linking, and
we accept no liability nor make any endorsement or approval of the
same.
17. These Terms of Use contain the entire understanding between us
with respect of The Site and no representation, statement, inducement
oral or written, not contained herein shall bind either of us.
PaylinkPal.com reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these Terms of Use, in whole or
in part, at any time. Notification of changes in these Terms of Use
will be posted on The Site.
18. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not
affect the validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the invalid
portion of the Terms of Use had been eliminated.
19. The Site, any information provided from it and the Terms of Use
are given and made in the State of Florida, United States of America.
This Terms of Use agreement shall be governed by and construed in
accordance with the laws of the State of Florida, without regard to
conflicts of laws provisions. Sole and exclusive jurisdiction for any
action or proceeding arising out of or related to this Terms of Use
agreement shall be an appropriate state or federal court located in
the State of Florida.
©
PaylinkPal.com, 2006 |