Terms of services
When using Bookmarky, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Bookmarky. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Bookmarky Service following the posting of changes to these terms will mean you accept those changes.
Bookmarky service hels people to collect and discover new sites and resources by enabling them to save and share what they find interesting with one another. These Terms of Service apply to the Bookmarky Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Service and Restrictions on Use of Materials
By using the Bookmarky Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Bookmarky reserves the right to terminate your access to the Bookmarky Service. Bookmarky may discontinue or alter any aspect of the Bookmarky Service, including, but not limited to, (i) restricting the time the Bookmarky Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Bookmarky Service, at Bookmarky's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Bookmarky Service. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Bookmarky Service. You further certify that you are an individual.
In order to permit Bookmarky to protect the quality of its products and services, you hereby consent to Bookmarky employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the Bookmarky Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the applicable copyright laws, and Bookmarky owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Bookmarky name and logo are exclusively the property of Goadvertising. All other trademarks appearing on the Bookmarky Service are trademarks of their respective owners. Bookmarky's partners may also have additional proprietary rights in the content which they make available through the Bookmarky service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Bookmarky, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Bookmarky. Bookmarky does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
If you elect to register to use the Bookmarky Service and/or participate in any sweepstakes, contest, or other services offered by Bookmarky you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Bookmarky Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Bookmarky has reasonable grounds to suspect that such is the case, Bookmarky has got the right to suspend or terminate your account and refuse any and all current or future use of the Bookmarky Service (or any portion thereof).
Community Standards and Conduct
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Bookmarky Service. Bookmarky does not control all of the Content posted via the Bookmarky Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Bookmarky Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bookmarky be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Bookmarky Service.
You agree to not use the Bookmarky Service to:
Bookmarky reserves the right to monitor some, all, or no areas of Bookmarky Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Bookmarky is acting as a passive conduit for such distribution and Bookmarky is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
By posting or submitting content to this site, you grant Bookmarky and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Bookmarky will not infringe or violate the rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Bookmarky. None of the Submissions shall be subject to any obligation of confidence on the part of Bookmarky, and Bookmarky shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Bookmarky shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Bookmarky uses diligent efforts to maintain the Bookmarky Service, but Bookmarky is not responsible for any defects or failures associated with the Bookmarky Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Bookmarky makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Bookmarky Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Bookmarky Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Disclaimer Regarding Shopping Retailers
The Bookmarky Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Bookmarky does not, however, control these independent retailers and Bookmarky does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Bookmarky you acknowledge and agree that:
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOKMARKY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOOKMARKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BOOKMARKY SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BOOKMARKY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOOKMARKY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE BOOKMARKY SERVICE OR OPERATION OF THE BOOKMARKY SWEEPSTAKES. IN NO EVENT SHALL BOOKMARKY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL OF YOUR ACTIVITIES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOKMARKY, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BOOKMARKY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Bookmarky, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Bookmarky Service, and remove and discard any Content within the Bookmarky Service, for any reason, including, without limitation, for lack of use or if Bookmarky believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Bookmarky may also in its sole discretion and at any time discontinue providing the Bookmarky Service, or any part thereof, with or without notice. You agree that any termination of your access to the Bookmarky Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Bookmarky may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Bookmarky Service. Further, you agree that Bookmarky shall not be liable to you or any third-party for any termination of your access to the Bookmarky Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the Italian Law, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located Rome (Italy) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Bookmarky relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Bookmarky's successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
Bookmarky respects the intellectual property of others, and we ask our users to do the same. Bookmarky may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bookmarky with the following information: