This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
You must be at least 18 years old to use this Website.
The Website must be used in compliance with the laws that govern your country or local area.
You are personally responsible for the safety and approval of all materials and information that you place on the Website.
You must never post offensive or prohibited content on the Website.
You must not mislead, harass or discriminate against other users.
This Website should never be used for commercial means or to advertise and sell anything.
You are personally responsible for the safety, privacy, and approval of all materials and information that you place on the Website.
To ensure this Website remains a safe and friendly environment you must not post any groups, pages, stories, comments, messages, photos, videos, sounds, games or profiles (collectively “User Content”) that contains any offensive or prohibited data.
When you publish content or information, it means that you are allowing everyone, including people off of MAGALINKED.COM, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about the Website, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Any content or illegal activity will be removed and the offending member banned from MAGALINKED.COM. Please note that illegal activity will be referred to the appropriate authorities with our full cooperation.
The following is a partial list of the kind of Content and behavior that is illegal or prohibited on the Website:
⦁ Content that harasses or advocates harassment of another person.
⦁ Transmission of junk mail, chain letters, or unsolicited mass mailing or “spamming”.
⦁ Posting of information that you know to be false, misleading or that promotes illegal activities or conduct that is: abusive, threatening, obscene, rude, vulgar, offensive, defamatory, libelous, racist, prejudicial, sexually explicit, pornographic, violent, illegal or content that is demonstrably offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or animal.
⦁ Promotion of 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, or providing pirated movie or links to pirated movie files.
⦁ Display of pornographic or sexually explicit material of any kind.
⦁ Material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
⦁ Instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
⦁ Solicitation of passwords or personal identifying information for commercial or unlawful purposes from other users.
⦁ Engagement in commercial activities and/or sales without the prior written consent of MAGALINKED.COM such as contests, sweepstakes, barter, advertising, and pyramid schemes.
MAGALINKED.COM reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Website and terminating the membership of such violators.
All User Content posted must be your own and must not infringe upon other people’s intellectual property rights.
By posting User Content to MAGALINKED.COM you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to MAGALINKED.COM. This license may be used to copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
MAGALINKED.COM reserves the right to deactivate and delete any member profile at any time. This may occur for a number of reasons including a request from the member, inactivity of a member, or discovery of fraudulent activity. No back credits or payment will be issued if your communication with a member is cut short as a result of deactivation or deletion of their profile or yours.
Content on the Website may not be used to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. As with other Social Network sites, you may not transmit any chain letters or junk email to other Members.
Aside from the User Content that you place on the Website, all text, graphics, user interfaces, customized website functionality and software, customized programming platform, trademarks, logos, sounds and artwork on the Website are owned, controlled or licensed by MAGALINKED.COM. They are protected by copyright, patent and trademark laws, and various other intellectual property rights laws.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please supply MAGALINKED.COM at email@example.com (subject line: "Notice of Infringement") with the following information:
⦁ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
⦁ A description of the copyrighted work that you claim has been infringed.
⦁ A description of where the material that you claim is infringing is located on the Website.
⦁ Your address, telephone number, and email address.
⦁ A written statement by you that you have a good reason to believe that the disputed use is not authorized by the copyright owner, its agent, or the law.
⦁ 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.
Non Commercial Use by Member
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated. Appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief.
Proprietary Rights in Content on MAGALINKED.COM
MAGALINKED.COM owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of MAGALINKED.COM and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
MAGALINKED.COM reserves the right, but has no obligation, to monitor disputes between you and other Members, including observation of your website activity. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree that all such disputes shall, prior to the institution of litigation, be submitted to mediation in Salt Lake City, Utah. You agree that in the event you initiate litigation, such litigation may only be initiated in the state or federal courts of Salt Lake CIty,Utah, whose courts shall have exclusive personal and subject matter jurisdiction and venue over the entirety of the dispute.
LIMITATIONS ON LIABILITY
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORSEEABLE AND FORSEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MAGALINKED.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Professional Advice Disclaimer
MAGALINKED.COM and posted "User Content" is for entertainment purposes only and is not intended to be a substitute for professional advice, including but not limited to medical, legal, behavioral and psychological.
Third Party Suppliers
In order to deliver certain content relevant to social networking websites and provide certain features, MAGALINKED.COM purchases a number of services from third parties (collectively “Suppliers”). These Suppliers are independent contractors and are not agents or employees of MAGALINKED.COM. MAGALINKED.COM is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees,owners,agents,servants or representatives. This includes, without limitation, failure by these Suppliers to deliver services, or their partial or inadequate delivery of services.
You agree to indemnify and hold MAGALINKED.COM harmless, including our directors, officers, shareholders, owners, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
MAGALINKED.COM has no responsibility for, or control over, the accuracy and validity of materials posted by users on this Website. The Website and its content are therefore provided without any guarantees, conditions or warranties that the content will be accurate.
MAGALINKED.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, user or Member communications.
MAGALINKED.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 email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. This includes injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
You agree to use MAGALINKED.COM at your own risk. We are providing MAGALINKED.COM as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that MAGALINKED.COM will always be safe,secure or error-free or that MAGALINKED.COM will always function without disruptions, delays or imperfections.
MAGALINKED.COM is not responsible for the conduct, whether online or offline, of any user or Member of the Website. Under no circumstances will MAGALINKED.COM be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. This is the case even if the loss or damage was foreseeable.
External links Disclaimer
This Website may contain links to third party websites not owned by us. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
Termination of Website Services
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.