Terms of Use
Welcome to LinkShelves, a free subscription Internet web site and service operated by Aicram, LLC and its corporate affiliates, collectively, "us", "we" or "the Company". LinkShelves.com is a service to support you, the user, in creating your own internet library of knowledge. Our ethic is informed by our quest to help users more readily save and refer to information important to many areas of your life.
By using our web site (hereafter called the "Site") or service at www.LinkShelves.com, you (the "User") signify that you have read, understand and agree to be bound by this agreement whether or not you are a registered subscriber to the Company's Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and without further notice. If we do any of the above, we will post the changes and the date of the changes to these Terms of Use on this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access the Site and Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Eligibility
Subscription to the Site and Service is void where prohibited. This Site and Service is intended solely for users who are thirteen (13) years of age or older, users under the age of eighteen (18) are expected to be students either in high school, college or home schooled. Any registration by, use of or access to the Site and Service by anyone under the age of thirteen (13), or by anyone who is under the age of eighteen (18) and not in school, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site and Service and Service, you represent and warrant that you are thirteen (13) or older and in high school, college or home school, or that you are eighteen (18) or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data and Account Security
In consideration of your use of the Site and Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by any registration and profile forms on the Site; (b) maintain the security of your password and identification; (c) maintain and update the Registration Data, and any other information you provide to the Company, to keep it current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site and Service, you are granted a limited license to access and use the Site and Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Other than your own user content, you may not upload or republish the Company's Site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site and Service or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein.
Any unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications, regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Copyright
Aicram, LLC, LinkShelves.com operated by Aicram, LLC, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are copyrighted in the U.S. Company's name may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct & Copyright Policy
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. ?In addition, you agree not to use the Site or Service to:
1. Collect email addresses or other contact information of other users from the Site or Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or use the Site or Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; 2. Use automated scripts to collect information from or otherwise interact with the Site; 3. Upload, transmit, share, post, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; 4. Register for a User account on behalf of any group or entity or seek to create or create a false identity on the Site, or falsely represent or impersonate any person or entity, misrepresent yourself, your age or your affiliation with any person or entity; 5. In anyway, through any means, solicit personal information from anyone under 18, solicit passwords or any type of personal and private identification or information for commercial or unlawful purposes; 6. Upload, transmit, share, post, store or otherwise enable any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 7. Solicit, sell, incentivize, upload, transmit, post, share or in anyway make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk emails, spam, chain or pyramid schemes 8. In any way, through any means, upload, transmit, post, share, store or otherwise make publicly available on the Site ANY private information of any third party 9. Overtly or covertly in anyway make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 10. In any manner use or attempt to use another's account, service or system without authorization from the user or the Company; 11. Seek to or be implicit in uploading, transmitting, sharing, posting, storing or otherwise making available content that, in the sole judgment of Company, is objectionable, that restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to harm or liability of any type.
User Site Content Policy
You, the user, are solely responsible for the profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish, post or display on or through the Site, or transmit to or share with other users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. ??When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Aicram, LLC does not assert any ownership over your User Content; rather, as between you the user and us, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Mobile Services
The Site includes certain services that may be available via your mobile phone, including 1., the ability to upload content to and via your mobile phone (Mobile Uploads), 2., the ability to receive and reply to LinkShelves messages, 3., the ability to browse the Site from your mobile phone, and 4., the ability to access certain Site features through a mobile application. We are not a mobile service company and we do not charge for mobile services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. Not all mobile services may work with all carriers or devices. By using mobile services, you agree that we may communicate with you regarding the Site and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of mobile services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your previous mobile phone number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright and User Content Policies we will promptly remove or disable access to the allegedly infringing material and retain the right to terminate at our discretion the accounts of infringers as described herein in accordance with the Digital Millennium Copyright Act. (For more information see: http://en.wikipedia.org/wiki/Digital_Millenium_Copyright_Act.) Company may also at its sole discretion limit access to the Site and/or terminate the subscriptions of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Site infringes upon any copyright, which you own or control, you may send a written notification of such infringement to our Designated Agent.
Third Party Websites and Content
The Site contains links to other web sites ("Third Party Sites") and you may be sent through the Site or the Service to other web sites and to articles, content sites, text, photographs and pictures, graphic designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or entirety by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, opinions, inappropriateness, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. Should you leave the Site and access the Third Party Sites or use or install any Third Party Applications, Software or Content, you do so at your own risk. Be advised that our terms and policies no longer govern. Review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
Social Networking (sharing links)
Company offers a feature whereby users of the Site can share with others or post to their own profile, photos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service. You acknowledge and agree that your use of the Site, Service and all links, User Content or Third Party Applications, Software or Content shared is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
User Disputes & Ethics
LinkShelves is a service to help you, the user, create your own library of knowledge. Our ethic is informed by our quest to help users more readily save and refer to information important to all areas of your life. You are solely responsible for your interactions with other LinkShelves users. We reserve the right, but have no obligation, to monitor disputes between users. We also reserve the right, at Company's sole discretion, to limit access to the Site and/or terminate the subscriptions of any users who infringe upon others, act in a manner we believe to be unethical, or create any type of public or individual nuisance through the use of LinkShelves.com.
Privacy
Please review the LinkShelves Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States, and processed for trending data.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by LinkShelves, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any inappropriate or objectionable content you may find on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, loss of data, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or handheld technologies on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any mobile technology software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The Site and the service, and the Site content are provided as is and the company disclaims and all representations and warranties, express or implied. The company cannot guarantee and does not offer any specified outcomes from the use of the Site or service, nor do we warrant that the software and content on the Site are accurate, complete, current or without error. NOR DOES THE COMPANY WARRANT THAT THE SITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We offer you spam protectors throughout the Site processes however you are solely responsible and should exercise caution in the use and downloading of any software and content. We suggest you use recognized software to detect and disinfect viruses. We convey that you understand and agree that you download and obtain content from or through the service at your own risk and discretion and that you will be solely responsible for your use of the Site and any damages to your systems, including loss of data or other harms that may result. The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Liability Limitation
The company, its directors, employees and agents are not liable to you or to any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits or lost data arising from your use of the Site or the service or any of the Site content or other materials accessed or downloaded from or through the Site, even if the Company is aware or has been apprised of such possibility of damage. Subject to anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and despite the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service during the term of subscription, and in no case will the Company's liability to you exceed $1000. You acknowledge that if no fees are paid to the Company for services, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Company regardless of the cause of the said dispute. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you are in a state where this may apply, some or all of the above disclaimers, exclusions and limitations may not apply and you may have additional rights.
Termination
The Company may terminate your subscription, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site or Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school, college, or home school. Upon notification of the death of a user, we are not obligated to keep the user's account active.
Governing Law; Venue and Jurisdiction
By visiting or using the Company's Site and Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois.
Arbitration
You and the Company agree that the sole and only forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the Site and the Service, including any visits to or use of the Site or Service shall be final and binding arbitration, except that:
1. to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought;
You and the Company also agree that arbitration under this Agreement shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes, also known as the AAA Consumer Rules, and collectively the AAA Rules. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site or the Service, including your visit/s to or use of the Site or Service be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site or Service, your conduct in connection with the Site and Service or with other users of the Site and Service, or any violation of this Agreement or of any law or the rights of any third party.
Feedback
LinkShelves, an AICRAM, LLC company, asks for and appreciates your feedback, input, comments and suggestions. You acknowledge and agree that any feedback, input, comments and suggestions, about the Site or the Service, provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your feedback, input, comments and suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions
Unless otherwise stated, the words and terms "includes, including, e.g., i.e., for example" and other similar wordings are deemed to include the words 'without limitation' immediately following. Any word or title used with the first initial in upper case will have the same meaning attributed to them.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.