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1. Submit a Site service
According to the terms and
conditions of this ReliableLinks Submit-a-Site Terms of Service
(the "Agreement"), Ultio, LLC
("ReliableLinks") offers a fee-based service that
provides express consideration of a Web site URL for inclusion in
ReliableLinks's editorial directory of top Web sites (the
"Top Sites Directory") accessible through the search and
find tab and keyword search and through the keyword search of
ReliableLinks's site located at www.ReliableLinks.com (the
"Service").
2. Enrollment
The Service is provided to you,
the submitter by agreeing below ("you" or
"your") to the terms and conditions set forth in this
Agreement. By registering for the Service and accepting this
Agreement, you represent and warrant to ReliableLinks that you are
of the legal age of consent in all applicable jurisdictions and,
in any event, are at least 18 years of age. Any parent or guardian
of a person less than 18 years of age may accept this Agreement on
behalf of such person; however, in no event shall any person less
than 13 years of age participate in the Service. Parents or
guardians must submit the required registration information for
themselves. By registering for the Service and accepting this
Agreement on behalf of a child, any such parent or guardian hereby
represents and warrants that he or she shall assume full
responsibility for his or her child's participation in, compliance
with, and conduct in connection with the Service.
3. Terms of the Service
3.1. In consideration of your
payment as set forth on the description of services page, and
participation in the Service, in accordance with this Agreement,
ReliableLinks agrees that an ReliableLinks editor will review your
site for inclusion in the Top Sites Directory, and respond to you
within the time period advertised on the registration page
starting from the date that ReliableLinks received on its servers
your completed application (including billing approval) for site
Submission Consideration through the Service (excluding weekends
and holidays observed by ReliableLinks and any delays due to
problems with or processing of your applications). ReliableLinks
will advise you by email whether your site has been accepted or
declined. ReliableLinks does not guarantee that your site will be
included in the Top Sites Directory. ReliableLinks reserves the
right, in its sole discretion, to determine the sites selected for
inclusion in the Top Sites Directory and to change, modify, add or
delete any of the sites or any part of the site's listing as well
as any or all of this Agreement at any time. The ranking of your
Web site within the Top Sites Directory will be and is determined
by ReliableLinks's users through ReliableLinks's proprietary
popularity ranking, and is not at ReliableLinks's editorial
discretion.
3.2. You acknowledge and agree
that nothing in this Agreement or the Service obligates
ReliableLinks to list, link or otherwise accept your site in the
Top Sites Directory or anywhere on www.ReliableLinks.com or to
provide priority placement for your site; and if your site is
accepted for inclusion in the Top Sites Directory it will be
placed in the manner solely determined by ReliableLinks.
Additionally, if your site is accepted for inclusion in the Top
Sites Directory, ReliableLinks reserves the right in its sole
discretion to determine your listing's title, keywords,
categorization, and ReliableLinks editors retain control over the
content and wording of all site reviews. ReliableLinks also
reserves the right, in its sole discretion, to remove your site
from the Top Sites Directory, move the listing to a different
category or subcategory, and change or remove any keywords,
comments or annotations at any time, for any reason.
4. Service Fee
4.1. You must remit the relevant
fee for each Web Site URL submitted. You shall submit a valid
credit card number as part of the registration form. You agree
that your credit card will be charged the current fee for the
Service as soon as you click on the "Pay" button on the
Service registration form. Once you have clicked the
"Pay" button, you are not eligible for a refund because
of the time sensitive nature of the Service's review process. You
hereby expressly agree to pay to ReliableLinks the fee for the
Service if the site is accepted or denied for inclusion in the Top
Sites Directory. You acknowledge that you will be charged and
hereby expressly agrees to pay to ReliableLinks the current fee
for the Service if you submit through the Service a site that
already exists in the Top Sites. All fees are payable in U.S.
dollars.
5. Site-Inclusion Criteria
5.1. In addition to any other
criteria, which ReliableLinks in its sole discretion may consider
before accepting or declining a Web site, each site submitted for
consideration in the Top Sites Directory through the Service must
meet the following basic criteria:
5.1.1. Your Web site must be in
the English language.
5.1.2. Your Web site may already
be listed in the Top Sites Directory.
5.1.3. Users connecting to your
Web site must not receive error messages or be unable to connect.
5.1.4 Your Web site must not post
or transmit any information, software or other material that is
fraudulent or violates or infringes the rights of others,
including material that violates privacy or publicity rights, or
infringes copyright, trademark or other proprietary rights,
without first obtaining permission from the owner or right holder,
including copyrighted material distributed without permission.
5.1.5. Your Web site must not
post or transmit any obscene, vulgar, sexually referenced,
pornographic, profane or indecent information of any kind,
including without limitation, any images or other material
depicting nudity. Nudity shall include, without limitation, images
depicting persons with unclothed genitalia or persons wearing
transparent clothing over genitalia.
5.1.6. Your Web site must not
post or transmit comments containing any unlawful, threatening,
abusive, libelous, defamatory, harassing or offensive language,
including, racial slurs, hate propaganda, hate mongering,
swearing, or rude or deliberately offensive comments, or engage in
disruptive activities online, including excessive use of scripts,
sound waves, scrolling (repeating the same message over and over).
5.1.7. Your Web site must not be
under construction, contain any broken links or post or transmit
any information, software or other material that contains or uses
viruses, bots, worms, Trojan horses, or other harmful components.
5.1.8. Your Web site must not
solicit other users to join, become members of, or contribute
money to any online service or other organization, advocate or
attempt to get users to join in legal or illegal schemes or plans
or participate in scams involving other users.
5.1.9. Your Web site must not
post or transmit any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law.
5.1.10. Your Web site must not
impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any
person or entity.
5.1.11. Your Web site must not
collect and use personally identifying information about users of
your Web site in violation of the privacy policy posted on your
Web site, if any.
5.1.12. Your Web site must not
distort or misrepresent your current links, including but not
limited to changing titles of the entries, descriptions of the
entries, URLs, or keywords.
5.1.13. Your Web site must be
readable and distinguishable.
5.1.14. Your Web site must not
serve only as a re-direct or mirror to another site.
5.1.15. Your Web site must
contain original content or must provide services deemed useful to
a user by an ReliableLinks editor.
5.2. The ReliableLinks Editors
may reject promoting Web site URLs to the Top Sites Directory
based on some or all the following criteria:
5.2.1. a lack of original content
that provides a useful product, service or information;
5.2.2. unreasonable design and/or
site usability;
5.2.3. it does not fit cleanly
into the chosen directory category;
5.2.4. is not up-to-date and/or
regularly maintained;
5.2.5. does not include a contact
email; and
5.2.6. does not offer interactive
utilities and features including, but not limited to, emails,
polls, forums, news, photos or streaming media.
6. Representations and
Warranties. By submitting a Web site URL and accepting the terms
and conditions of this Agreement, you represent and warrant:
6.1. You do not reside in, and
that the Web site(s) used in connection with this Service are not
hosted in, any country which is on the then-current list of
prohibited countries specified in the applicable United States
export laws. You may not participate in the Service if you reside
in, or the Web site(s) used in connection with the Service are
hosted in, the prohibited countries.
6.2. You will be solely
responsible for the development, operation, and maintenance of
your Web site and for all materials that appear on your Web site.
Such responsibilities include, but are not limited to, the
technical operation of your Web site and all related equipment;
ensuring the accuracy and propriety of all materials posted on
your site; and ensuring that materials posted on your site do not
violate or infringe upon the rights of any third party, and are
not defamatory, libelous, obscene or otherwise illegal.
6.3. You are solely responsible
for ensuring that product reviews, product descriptions, and
related articles on your Web site are accurate and comply with all
applicable copyright and other laws. You must have express
permission to use another party's copyrighted or other proprietary
material. We will not be responsible or liable if you use another
party's copyrighted or other proprietary material in violation of
the law.
6.4. For your Web site, (i) all
information submitted by you in registering for the Service is
true, accurate, current, and complete; and (ii) you shall maintain
and update information submitted in registering for the Service in
order to keep it true, accurate, current and complete at all
times. If any information that you submit in the registration
process is untrue, inaccurate, out-of-date or incomplete,
ReliableLinks shall have the right, in its sole discretion, to
immediately terminate your participation in the Service.
7. Content Discretion.
ReliableLinks may reject the Web site if ReliableLinks determines,
in its sole discretion, that the Web site is unsuitable for any
reason, including, but not limited to, the Web site's
incorporation of images or content that is in any way unlawful,
harmful, threatening, defamatory, obscene, harassing or racially,
ethically or otherwise objectionable, such as sites that depict
sexually explicit images; promote violence; promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age; promote illegal activities; or incorporate
any materials that infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights of any
third person.
8. Miscellaneous
8.1. Force Majeure. Neither party
will incur any liability to the other party on account of any loss
or damage resulting from any delay or failure to perform all or
any part of this Agreement if such delay or failure is caused, in
whole or in part, by events, occurrences or causes beyond its
reasonable control.
8.2. Data Usage. You acknowledge
and agree that ReliableLinks may use the information about you on
its servers and any registration information submitted by you in
aggregate form for research and product development, marketing, or
other promotional purposes. You hereby agree that ReliableLinks
has the right (but not the obligation) to disclose any such
information if ReliableLinks believes such disclosure is needed to
comply with the law or legal process or to protect the rights and
interests of ReliableLinks or others, including to enforce this
Agreement.
8.3. Notices. Any notice required
or permitted under the terms of this Agreement or required by law
shall be by electronic mail or in writing and shall be deemed
delivered upon receipt to the party to whom such communication is
directed, at the addresses specified below. If to ReliableLinks,
the email notice shall be addressed to info@ReliableLinks.com, and
the written notice to ReliableLinks Directory Team, PO Box 6158,
Beverly Hills, CA 90212-6158 USA or to such other address as
ReliableLinks may designate by electronic mail or writing from
time to time. If to you, the notices shall be addressed to the
electronic or mailing address specified in your Service
registration form.
8.4. Indemnity. You agree to
indemnify, defend and hold harmless ReliableLinks, and its
partners, subsidiaries, affiliates, officers, directors,
shareholders, employees and agents, from any claim or demand,
including reasonable attorney's fees, arising from any third-party
claim, demand, action or proceeding, if resulting from or arising
out of any alleged violation of this Agreement or any alleged
violation of any rights of others or resulting from or arising out
of the Service or your use thereof or listing in the Top Sites
Directory or the acceptance or rejection of the site submitted by
you. ReliableLinks has the right (but not the obligation), at its
own expense, to assume the exclusive defense and control of any
matter subject to indemnification by you, which shall not
otherwise excuse your indemnity obligations.
8.5. Disclaimer and Limitation on
Liability. IN NO EVENT SHALL ReliableLinks, ITS PARENT OR
SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS
SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ReliableLinks OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
ReliableLinks, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8.6. Governing Law and
Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law. Although you
acknowledge that ReliableLinks shall have the ability to enforce
its rights in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of courts in San
Francisco, California, U.S.A., regarding any and all disputes
relating to this Agreement or your use of the Service.
8.7. Assignment and No Waiver.
You acknowledge and agree that the warranty disclaimers and
liability and remedy limitations in this Agreement are material
terms of this Agreement and that they have been taken into account
in the decision by ReliableLinks to provide the Service hereunder.
You may not assign any of your rights, obligations or privileges
hereunder without the prior, written consent of ReliableLinks. Any
assignment of the foregoing other than as provided for in this
Section shall not become effective. No waiver of any provision or
any right granted hereunder will be effective unless set forth in
a written instrument signed by the waiving party. No waiver by
either party of any breach or default hereunder shall be deemed a
waiver of any subsequent breach or default. You agree not to
reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
8.8. Severability. If any
provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from this Agreement, shall be enforced to the fullest
extent allowed by law as to effect the intention of the parties,
and shall not affect the validity and enforceability of any
remaining provisions.
8.9. Limitation of Actions.
Applicant agrees that no action related to this Agreement or the
Service or your listing in the Top Sites Directory may be brought
more than one year after delivery of the Service giving rise to
such cause of action.
8.10. Section Titles. The section
titles in the Agreement are for convenience only and shall have no
effect on the interpretation of any part or provision regardless
of the title heading under which the part of provision is
allocated.
8.11. Entire Agreement. This
Agreement, the completed registration form completed by you, and
any posted operating rules constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede
all prior or contemporaneous communications and proposals, whether
oral or written, between the parties with respect to such subject
matter.
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