If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, "you" and "your" will refer and apply to that company or other legal entity.
The Service may contain links to third party websites that are not owned or controlled by Linknami. Linknami has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Linknami will not and cannot censor or edit the content of any third party site. By using the Service you expressly relieve Linknami from any and all liability arising from your use of any third party website, service or entity
By using the service, you affirm that you are 18 years of age or older, or are an emancipated minor, or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service , and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Service is not intended for children under the age of 13.
USER REGISTRATION OBLIGATIONS
You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. Linknami reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. By posting your content via Linknami on other platforms such as Facebook, Twitter, Google+ and Blogs etc you agree to abide by the terms and policies set by these platforms for these kinds of content.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify Linknami in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service (via "Logout" link). Linknami will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section. Linknami prohibits the sale or transfer of control of any Linknami account by the registered account holder to any other individual or party.
Linknami retains exclusive copyright and all other rights to Content it makes available via the service, not including User-Uploaded Content.
Linknami policy regarding DMCA compliance is located at http://Linknami.com/dmca
You agree to indemnify and hold harmless Linknami, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
LIMITATION OF LIABILITY
Linknami SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. NOR SHALL THE OFFICERS, DIRECTORS EMPLOYEES, OR AGENTS OF Linknami BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESUTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT Linknami WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
Linknami SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES REGARDLESS OF THE TYPE OF CLAIM (E.G. PRODUCT LIABILITY, EMOTIONAL DISTRESS, ETC.).
ANY DIRECT DAMAGES AWARDED SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO Linknami, OR $100 IF NO FEES TO Linknami HAVE BEEN PAID.
THE SERVICE IS CONTROLLED AND OFFERED BY Linknami FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. NO PART OF THE SERVICE SHALL BE CONSTRUED TO REPRESENT THAT THE SERVICE IS APPROPRIATE OR AVAILABLE IN OTHER JURISDICTIONS AND USERS WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW.
YOUR CONDUCT AND CONTENT
As a user of the Linknami service you may upload, submit or create content to the service including text and video. You undestand that Linknami does not guarantee any confidentiality with respect to the Content you submit.
You (the User) shall be solely responsible for the Content submitted to the Service on by you or on your behalf. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; an you license to Linknami all patent, trademark, trace secret, copyright or other proprietary rights in and to such Content for publication on the Service persuant to these Terms of Service.
You further agree that Content submitted by you or on your behalf to the Service will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant Linknami all relevant licenses and permissions.
Linknami does not endorse any Content submitted to the Service by any user or any other licensor, or any opinion, recommendation, or advice expressed therein, and Linknami expressly disclaims any and all liability in connection with Content. Linknami does not permit copyright infringing activities of any kind including infringement of intellectual property rights on the Service, and Linknami will remove all Content if and when the Service is properly notified that infringing Content exists on the service. Linknami reserves the right to remove any Content at any Time without prior notice.
You shall not, and shall not authorize or encourage any third party to:
directly or indirectly generate queries, Referral Events, or impressions of or clicks on content and links within content published via Linknami (hereafter referred to as "Published Content") through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
edit, modify, filter, truncate or change the order of the information contained in any Published Content;
frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of Published Content ("Advertiser Page");
redirect an end user away from any Advertiser Page provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page;
display Published Content or any Web site that contains any hate-related, violent, pornographic, adult or illegal content;
directly or indirectly access, launch, and/or activate Published Content in any software application, Web site, or other means other than Your Property(ies), your facebook, twitter, google+ account and then only to the extent expressly permitted by this Agreement;
"crawl", "spider", index or in any non-transitory manner store or cache information obtained from Published Content;
Get your account suspended, blacklisted and/or penalized by Twitter, Facebook, Google+, Google. A suspension, blacklisting and/or penalty will automatically cause Linknami suspension;
create a new account to use the Program after Linknami has terminated this Agreement with You as a result of your breach of this Agreement;
engage in any action or practice that reflects poorly on Linknami or otherwise disparages or devalues Linknami's reputation or goodwill;
any attempt to artificially generate clicks on Published Content using automated software or by explicitly asking people to click on your Published Content;
Wilfully post or create content disparaging a particular advertiser;
Wilfully violate the terms and conditions of any of the platforms we work with including Facebook, Twitter, Google+ and Websites;
Attempt to disintermediate content publishers or advertisers from the Linknami service;
act in any way that violates any Program Policies posted on the Linknami Web Site, as may be revised from time to time, or any other agreement between You and Linknami;
FTC ENDORSEMENT GUIDELINES
You acknowledge that you have read and will abide by the following guidelines - FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising. Using Linknami to post all Content will ensure that you abide by these guidelines.
You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension or termination of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies. You also acknowledge that Once an account is supended or terminated, all pending earnings on that account will be forfeited.
EARNINGS ON LINKNAMI
You agree to provide Linknami with information to enable remittance of your earnings on the site. This information may include:
Tax ID information of the user
Legal name of the user
Address of the user
All earnings on Linknami which haven't been claimed within 90 days by providing such information on the website will be forfeited. The amount you earn on Linknami is determined based on how effective your Published Content is to the advertiser. The amount you will be shown initially is just an estimate of how much you will get paid. The actual amount will be computed and displayed to you on your dashboard. This amount may change after final review is completed. Please refer to our FAQ for more details.
NOTICES FROM LINKNAMI
From time to time, Linknami may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of Linknami. Consequently, we reserve the right to modify these terms of service at any time at our sole discretion. You agree to be bound to such alterations when you use Linknami and the alterations shall be effective at the time of posting on Linknami. It is important that you review these Terms of Service regularly on Linknami to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on Linknami and discontinue use of our service. If you close your account Likes associated with your name will be marked as Anonymous and be disassociated with your account. All user statistics when you request account removal will be reset on removal of your account.
Linknami reserves the right to charge credit cards or otherwise process payment for services rendered. By using the Service, the user agrees to pay any fees accrued. All amounts listed on Linknami are in US Dollards (USD).
You agree that: (i) the Service shall be deemed solely based in Wilmington, DE; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Linknami.. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Linknami that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Wilmington, Delaware. These Terms of Service, together with the Privacy Notice at Linknami.com/privacy and any other legal notices published by Linknami on the Service, shall constitute the entire agreement between you and Linknami concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Linknami's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Linknami reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Linknami AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last modified: September 29 2012.