Subject to the terms and conditions of this Agreement, LINEROCK INVESTMENTS may offer to provide the Services, as described more fully on the Site and in Mobile, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services and applications LINEROCK INVESTMENTS performs for you, as well as the offering of any content on the Site and in Mobile. We may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. LINEROCK INVESTMENTS may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. LINEROCK INVESTMENTS reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to LINEROCK INVESTMENTS that if you are an individual (i.e., not a corporate entity) you are(a) of legal age to form a binding contract with LINEROCK INVESTMENTS and(b) not barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use the Services.
The Services are not intended for children under 13 without the constant supervision of a parent or legal guardian. If you are under 13 years of age and not under the constant supervision of a parent or legal guardian, then please do not use the Services. You certify that you are legally permitted to use and access the Services, and you or your legal guardian take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. LINEROCK INVESTMENTS makes no claim that the Services may be lawfully viewed or that content may be downloaded from any country. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Services you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
LINEROCK INVESTMENTS will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by LINEROCK INVESTMENTS to minimize such disruption where it is within LINEROCK INVESTMENTS reasonable control. YOU AGREE THAT LINEROCK INVESTMENTS WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.LINEROCK INVESTMENTS retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access to or otherwise use the Services, including, without limitation, modems, devices, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services and their contents are intended solely for the use of Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed in the Services, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, photographs, images, illustrations and animations ("Content") are the property of LINEROCK INVESTMENTS and/or third parties and are protected by international copyright laws. As between you and LINEROCK INVESTMENTS, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to LINEROCK INVESTMENTS under this Section 2). All trademarks, service marks, and trade names which appear in the Services (other than those appearing in any User Content) are proprietary to LINEROCK INVESTMENTS and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. You may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed in the Services for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from LINEROCK INVESTMENTS, or from the copyright holder identified in such Content's copyright notice. In the event you download software from the Services, including any files and images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to you by LINEROCK INVESTMENTS for your personal use, and no title to the Software shall be transferred to you. LINEROCK INVESTMENTS retains full and complete title to the Software and all intellectual property rights therein.
You acknowledge and agree that if you use any of the Services to contribute User Content to them in such manner as to make it available to the public or for all users, or to permit third parties to contribute Content through your User account, LINEROCK INVESTMENTS will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of LINEROCK INVESTMENTS, the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal. You warrant, represent and agree that you have the right to grant LINEROCK INVESTMENTS and the Services the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, malware, adware, time bomb or other programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
LINEROCK INVESTMENTS reserves the right to remove any User Content from its Services, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to LINEROCK INVESTMENTS and/or the Services under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if LINEROCK INVESTMENTS is concerned that you may have breached the immediately preceding sentence). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing in the Services infringes a copyright, please send us a message. To satisfy our attribution requirements, you should include a direct link back to pho.to.
Any comments, suggestions, or feedback relating to the Services (collectively "Feedback") submitted to LINEROCK INVESTMENTS shall become the property of LINEROCK INVESTMENTS or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, mobile application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of our Services.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Services or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Services, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
LINEROCK INVESTMENTS has no special relationship with or fiduciary duty to you. You acknowledge that LINEROCK INVESTMENTS has no control over, and no duty to take any action regarding: which Users gain access to the Services; which Content you access via the Services; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Services is provided by and is the responsibility of the User who posted the Content. LINEROCK INVESTMENTS does not monitor the Content of the Services and takes no responsibility for such Content. You release LINEROCK INVESTMENTS from all liability for your having acquired or not acquired Content through the Services. The Services may contain, or direct you to web pages or mobile applications containing information that some people may find offensive or inappropriate. LINEROCK INVESTMENTS makes no representations concerning any content contained in or accessed through the Services, and LINEROCK INVESTMENTS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
ALTHOUGH LINEROCK INVESTMENTS AND THE SERVICES WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER LINEROCK INVESTMENTS NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.
THE SERVICES, CONTENT, SITE, MOBILE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LINEROCK INVESTMENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.