2.1. You represent and warrant that:
1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into Linxtter Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to linxtter Terms;
3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4. you understand that linxtter does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
5. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
6. the User Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Linxtter and/or your End Users to use or possess in connection with linxtter Services;
7. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to :
1. fully comply with all applicable laws and any other contractual terms which govern your use of Linxtter Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of Linxtter Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Linxtter Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from linxtter website(s) or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow Linxtter to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Linxtter’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Linxtter or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
6. Linxtter's sole discretion as to the means, manner, and method for performing the Linxtter Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. not to post any sexually oriented content including (text, images and photos, videos, files, downloads, ... etc) and take all measures to prevent such act on your website or other goods purchased on linxtter or its partner. in case of violation, linxtter and its partners will reserve the rights to terminate your website immediatly without any further notification.
2.3. You agree and undertake not to:
1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the linxtter Website, linxtter Services (or any part thereof), any Content offered by linxtter or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Linxtter's prior written and specific consent and/or as expressly permitted under the Linxtter Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of linxtter or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. publish and/or make any use of the Linxtter Services or Licensed Content on any website, media, network or system other than those provided by Linxtter, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of Linxtter Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Linxtter, in advance and in writing;
4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of Linxtter Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of Linxtter Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through Linxtter Services;
5. act in a manner which might be perceived as damaging to Linxtter’s reputation and goodwill or which may bring Linxtter into disrepute or harm;
6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Linxtter or Linxtter Marks and/or variations and misspellings thereof;
7. impersonate any person or entity or provide false information on Linxtter Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Linxtter and/or any End Users;
8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Linxtter or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
9. reverse look-up, trace, or seek to trace another User of Linxtter Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of Linxtter Services and/or User Website without their express and informed consent;
10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to Linxtter Services, User Website, the account of another User(s), or any other systems or networks connected to Linxtter Services, by hacking, password mining, or other illegitimate or prohibited means;
10. probe, scan, or test the vulnerability of Linxtter Services or any network connected to the Linxtter Services;
11. upload to Linxtter Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
12. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Linxtter Services or Linxtter’s systems or networks connected to Linxtter Services, or otherwise interfere with or disrupt the operation of any of Linxtter Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
13. use any of Linxtter Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
14. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Linxtter Services, except as expressly permitted by Linxtter Terms;
15. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying Linxtter Services and/or Licensed Content; or
16. violate, attempt to violate, or otherwise fail to comply with any of Linxtter Terms or any laws or requirements applicable to your use of Linxtter Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.