Terms of Service
LinkExpats.com Terms of Service Agreement as of January 10th, 2010
LinkExpats.com is an online community website that enables members to create unique online personal profiles in order to use the services on LinkExpats.com and contact other members. The Services offered by LinkExpats.com (referred to herein as "LinkExpats.com" or "we") include contacting members, organizing events, searching for members, reading news, and any other features, content or applications offered from time to time by LinkExpats.com in connection with the Website (herein referred to collectively as the "Services")
This Terms of Service Agreement (herein referred to as the "Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are simply browsing the Website and/or searching for members) or you are a "Member" (which means that you have registered with LinkExpats.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a member,
communicate with other members and make use of the services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the registration process. If you do not agree with out terms and services, please close your browser window immediately.
We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform. Your continued use of the LinkExpats service indicates your acceptance of the amended User Agreement.
Please choose carefully the information you post on LinkExpats.com, that you post on user forums, ads or when you contact other members. Your email address will never be visible by other members. Your LinkExpats.com profile may not include the following items: any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other LinkExpats.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and LinkExpats.com assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact LinkExpats.com by clicking on contact us any LinkExpats.com page. LinkExpats.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice and without liability.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your membership
may be terminated without warning if we believe that you are under 18 years of age. Also, you acknowledge and agree to comply with the laws of the city, county and country in which the LinkExpats members are gathering, including but are not limited to laws governing alcohol/tobacco consumption. Additional eligibility requirements for particular gatherings of LinkExpats members may be set by a LinkExpats community event organizer. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
This agreement shall remain in full force and effect while you use the services
or are a member. You may terminate your membership at any time, for any reason,
by contacting us.
Using the basic services of the linkexpats.com is FREE. To raise money, LinkExpats
reserves the right to charge for future upgraded services at its sole discretion.
When you sign up to become a member, you will be sent an email containing a link you should click on to confirm your subscription.
You will be asked to change it once you log in. You are entirely responsible for maintaining the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree not to use the account, username or password of another member at any time or to disclose your password to any third party. You agree to notify LinkExpats.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You agree that LinkExpats cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Non-commercial Use by Members
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by LinkExpats.com. Illegal and/or unauthorized use of the services, including sending unsolicited emails to members using the contact member feature collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
Proprietary Rights in Content on LinkExpats.com
By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials (collectively referred to in this Agreement as "Content") on or through the Services, you hereby grant to LinkExpats.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content posted by you to or through the Services.
The Services contain the Content of LinkExpats.com (referred to in this Agreement as "LinkExpats.com Content"). LinkExpats.com Content is protected by copyright, trademark, patent, trade secret and other laws and LinkExpats.com owns and retains all rights in the LinkExpats.com Content and the Services. LinkExpats.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the LinkExpats.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
LinkExpats.com may delete any Content that in the sole judgment of LinkExpats.com violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. LinkExpats.com assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time LinkExpats.com chooses, in its sole discretion, to monitor the Services, LinkExpats.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services and any material or information that you transmit to other Members and for your interactions with other Users. LinkExpats.com does not endorse and has no control over the Content. Content is not necessarily reviewed by LinkExpats.com prior to posting and does not necessarily reflect the opinions or policies of LinkExpats.com. LinkExpats.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. LinkExpats.com reserves the right to investigate and take appropriate legal action against anyone who, in LinkExpats.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of LinkExpats.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence or offensive subject matter;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses about a person different than the poster.
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
16. malicious code trying to break into the Linkexpats.com system.
17. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, stalking, the sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
18. advertising to or solicitation of, any Member to buy or sell any products or services through the Services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, LinkExpats.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which LinkExpats.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to LinkExpats.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LinkExpats.com $55 for each such unsolicited email or other unsolicited communication you send through the Services;
18. covering or obscuring the banner advertisements on your personal profile page or any LinkExpats.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends;
20. interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;
21. attempting to impersonate another Member or person;
22. using the account, username or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
25. using any information obtained from the Services in order to harass, abuse or harm another person; or
26. using the Services in a manner inconsistent with any and all applicable laws and regulations.
LinkExpats takes extremely seriously SPAM. We take it as an insult towards our systems,
users and the internet use in general.
SPAMers are not tolerated, once a user has been flagged as a SPAMer, the user will
automatically be banned from interacting with different members. This involves contacting
other members, creating new ads, new events, new forum topics. In other words, the
SPAMer become only be able to read whatever is on linkexpats, but not be able to participate in them.
Therefore, we strongly recommend you not SPAM people. Please!
You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of LinkExpats.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to LinkExpats.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LinkExpats.com's Copyright Agent for notice of claims of copyright infringement can be reached by contacting us
You are solely responsible for your interactions with other LinkExpats.com Members. LinkExpats.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
LinkExpats.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on LinkExpats.com may contain links to other websites. LinkExpats.com is not responsible for the Content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by LinkExpats.com. Inclusion of any linked website on LinkExpats.com does not imply approval or endorsement of the linked website by LinkExpats.com. When you access these third-party sites, you do so at your own risk. LinkExpats.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. LinkExpats.com is not responsible for the conduct, whether online or offline, of any User of the Services. LinkExpats.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, any User or Member communication. LinkExpats.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall LinkExpats.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a LinkExpats.com event, from any Content posted on or through the Services or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and LinkExpats.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LinkExpats.com cannot guarantee and does not promise any specific results from use of the Services.
Limitation on Liability
IN NO EVENT SHALL LINKEXPATS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LINKEXPATS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LINKEXPATS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LINKEXPATS.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold LinkExpats.com, its subsidiaries and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes LinkExpats.com to be liable to another.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and LinkExpats.com regarding the use of the Services. The failure of LinkExpats.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LinkExpats.com is a trademark of LinkExpats, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE