ACCEPTANCE OF TERMS

The webpages available at http://www.glinkster.com/, and all linked pages ("Site"), are accessed by you under the Terms of Service described below ("Terms of Service").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. GLINKSTER'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY GLINKSTER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

MODIFICATIONS OF TERMS OF SERVICE

Glinkster reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Glinkster will notify you via email. What constitutes a "material change" will be determined at Glinkster'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 Service as modified.

DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Glinkster 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 Glinkster performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, 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. Glinkster may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Glinkster may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the TOS. Glinkster may also offer certain Services that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.

SERVICE LIMITATION

We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither Glinkster nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.

USER CONTENT

Glinkster is a social Web service and relies on content posted by its users. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Glinkster does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Glinkster does not pre-screen User Content, and has no obligation to do so, but that Glinkster and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.

THIRD PARTY SITES; ADVERTISERS

The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Glinkster's third-party providers, including but not limited to advertisers, content and e-commerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Glinkster does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Glinkster does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.

YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Glinkster and select a password and screen name ("Glinkster User ID"). You shall provide Glinkster 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 Glinkster account. You may not (i) select or use as a Glinkster User ID a name of another person with the intent to impersonate that person; (ii) use as a Glinkster User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Glinkster User ID a name that is otherwise offensive, vulgar or obscene. Glinkster reserves the right to refuse registration of, or cancel a Glinkster User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Glinkster password.

USER CONDUCT

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 Glinkster.

By way of example, and not as a limitation, you agree not to use the Services:
  1. to abuse, harass, threaten, impersonate or intimidate other Glinkster users;

  2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Glinkster user;

  5. to create or submit unwanted email ("Spam") to any other Glinkster users or any URL;

  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);

  7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

  9. with the intention of artificially inflating or altering the 'Glink Score', blog count, comments, or any other Glinkster service, including by way of creating separate user accounts for the purpose of artificially altering Glinkster's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Glinkster's services.

Glinkster may remove any Content and Glinkster 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@Glinkster.com

COPYRIGHT COMPLAINTS

Glinkster respects the intellectual property of others. It is Glinkster's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Glinkster will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Glinkster may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Glinkster will terminate access for subscribers and account holders who are repeat infringers.
Notifying Glinkster of Copyright Infringement: To provide Glinkster notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse@Glinkster.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Glinkster with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Glinkster with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@Glinkster.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

INDEMNITY

You will indemnify and hold harmless Glinkster, 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 Glinkster User ID, of any intellectual property or other right of any person or entity.


WARRANTY DISCLAIMERS

You acknowledge that Glinkster 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 Glinkster 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. Glinkster makes no representations concerning any content contained in or accessed through the Site, and Glinkster 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.

LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Glinkster has no control over such sites and resources, you acknowledge and agree that Glinkster 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 Glinkster 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.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GLINKSTER 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.

TERMINATION

Glinkster may terminate or suspend any and all Services and your Glinkster 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 Glinkster 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.

MISCELLANEOUS

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 Glinkster 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.Glinkster shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Glinkster '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 Glinkster's prior written consent. Glinkster may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Glinkster 's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with Judicial Arbitration and. Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
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