Terms of Service - GainLink.com
Thank you for using GainLink.com. By accessing the GainLink.com website ("Site") or using the services offered by GainLink.com ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services. GainLink.com reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
GainLink.com grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. GainLink.com reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
You are solely responsible for your use of the Site and Services. Because GainLink.com merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of GainLink.com, and GainLink.com makes no claim of accuracy of any user-posted material. GainLink.com archives links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with GainLink.com. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. For your content, you can label your compilations with one of several possible licenses. It is important to note that you can only copyright the compilation itself, not the individual links that make up the compilation. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect GainLink.com's right to access and use it in connection with the Services, the Site or otherwise in connection with our business. GainLink.com does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreements and all related information are provid ed on an "as is" basis. GainLink.com makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. GainLink.com will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility. GainLink.com is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. GainLink.com provides you with the ability to remove your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.
Intellectual Property (Trademarks & Copyrights)
GainLink.com, the GainLink.com logo and the GainLink.com design are trademarks or trade dress of GainLink.com, and may not be used without express written permission from GainLink.com, other than for attribution. All other trademarks not owned by GainLink.com that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GainLink.com. GainLink.com-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of GainLink.com and its licensors and protected by Swiss and international copyright laws. Except as set out in these Terms, no reproduction of any GainLink.com-originated content is permitted without written permission from GainLink.com. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
No Warranty and Limitation of Liability
GAINLINK.COM PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GAINLINK.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMAT ION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not all ow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use . UNDER NO CIRCUMSTANCES SHALL GAINLINK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSO EVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT GAINLINK.COM HAS BEEN ADVISED OF SUCH POSSIBIL ITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH GAINLINK.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
GainLink.com and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between GainLink.com and you.
These Terms supersede any previous agreement and represent the entire agreement between GainLink.com and you. These Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision on [email protected].