Phlinks.com is a platform for sharing visual content, for example photos, images, pictures and digital art and so on, along with tutorials and related topics. We provide some of this content ourselves but mainly we facilitate the sharing by other members of the Phlinks community. We do not have control of, or liability for, the photos or other content displayed or any comments or other communications pertaining to them. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT PROVIDED BY THE INDEPENDENT THIRD PARTIES WHO MAKE UP THE PHLINKS COMMUNITY. Our role is that of a facilitator and third-party record-keeper. We do not endorse, promote or represent the content provided by any individual Phlinks user(s) or any other content made available on or through the Site or Services. References in this Agreement to “third parties” includes all third party websites and all Phlinks account holders.
2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. PROTECTION OF MINORS
You must be 13 years or older to use the Site and must be 18 years or older to register for a Phlinks account. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
5. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others, including Site users, registered or otherwise. We have no duty to screen content supplied by others, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
6. CHANGES TO PHLINKS.COM
We may discontinue or change anyPhlinks.com content, service, function or feature at any time with or without notice.
If you wish to register with the Site you will need to use a name. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Site. Phlinks reserves the right to reject or remove any username.
8. THIRD PARTIES AND EXTERNAL LINKS
8.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Phlinks.com liable for any disputes you may have with such third party supplier.
8.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.Phlinks has no responsibility for, and accepts no liability for, any loss or damage arising from your use of third party websites and resources accessed by you via any links from this Site.
8.3 Social Media Sharing: The Phlinks Site both enables and encourages social media sharing, for example through popular social media channels such as Facebook, Twitter, Google+, and Pinterest. Phlinks has no control over, and is not responsible for, the privacy practices and policies of any such third party social media channels.
8.4 Third Party Content: Some images contributed to the Site may also appear on other websites or elsewhere.We do not monitor for violations of copyright or other intellectual property rights, but we will act immediately to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us to request its removal. We do not knowingly host infringing images and will remove any such images immediately we become aware of such infringement.
10. OWNERSHIP AND INTELLECTUAL PROPERTY
10.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Phlinks.com.
10.2 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to text, photographs, images, illustrations, documents, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
10.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Phlinks that will be liable.
10.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us via the Contact section of the Phlinks Site with the following information:
11. LICENSE TO USE OUR SERVICES
12. ACCEPTABLE USE OF OUR SERVICES
You must not:
13. PERSONAL INFORMATION AND PRIVACY
14. YOUR CONTENTS
14.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.
14.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Phlinks.com in any way.
14.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
14.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
15. ACCOUNT AND PASSWORD SECURITY
If you register for membership with the Site you will be asked to choose a username, name and password. Your username must not be liable to mislead and must comply with the content rules set out in the Terms:
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by Phlinks and its suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
16. WARRANTIES AND DISCLAIMERS
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
17. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
18. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
You agree to indemnify and hold harmless Phlinks.com and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Phlinks.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Phlinks.com in the defence of any claims.
Phlinks reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
21. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
22. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outsideBahrain. If you choose to access this Site from a location outside Bahrain, you do so on your own initiative and you are responsible for compliance with local laws.
23. EVENTS BEYOND OUR CONTROL
Phlinks.com will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
24. GENERAL PROVISIONS
24.3 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
24.4 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us using the Phlinks Site contact form.
24.5 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
24.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
24.7 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide the Site and Services. We may subcontract or outsource any function as we see fit.
24.8 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
24.9 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
LAST UPDATE TO THE TERMS AND CONDITIONS: 4thMay 2016