Terms & Conditions

Last Updated: March, 20, 2010

Welcome to Link System! Before you may become a member of ComyoNet Link System, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy.
This End User License Agreement constitutes a valid and binding agreement between You and ComyoNet,  for the use of the Link System. You must show Your approval and must enter into this Agreement by clicking on the ACCEPT button or similar buttons or links in order to use the service. Furthermore, by continuing to use the Link System, You agree to be bound by the terms of this Agreement and any new versions hereof. Furthermore, if You are residing in a jurisdiction which restricts the use of internet-based services according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, or where it is forbidden by law to offer or use services for internet communication,You may not enter into this Agreement. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the ComyoNet Link System is allowed. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using ComyoNet Link System.

YOU MUST BE AGE 13 AND OVER TO USE THIS SITE AND IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIANS PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR-THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS OVER THE AGE OF 13, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND YOU HAVE QUESTIONS ABOUT THIS SITE OR THESE TERMS, PLEASE CONTACT INFO@COMYONET.COM.

This Agreement will be effective as of the Effective Date and will remain effective until terminated by either ComyoNet or You. Upon termination of this Agreement, You acknowledge and agree that all licenses and rights to use the Link System shall terminate, will cease any and all use of the Link System. ComyoNet will be not responsible concerning any damage which is caused by suspension of this agreement.

COMYONET MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE, AND COMYONET CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THIS SITE WHERE THE PRIOR VERSION OF THIS AGREEMENT WAS POSTED. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.

1. THE SERVICES

"Link System" is an online service offered by ComyoNet, including the online environments that support the service as used in this Agreement, including without limitation: the servers and access to the websites and services available from the domain and subdomains of COMYONET.

You acknowledge that ComyoNet is a service provider that may allow people to interact online regarding links and content chosen by users of the service. ComyoNet generally does not regulate the content of communications between users or users' interactions with the Service. As a result, ComyoNet has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). ComyoNet does not pre-screen Content.

You acknowledge that ComyoNet and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from ComyoNet.

ComyoNet reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that ComyoNet will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. ComyoNet has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment policies applicable to such fees and charges, posted or linked at faq.asp. ComyoNet may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.

2. THE CURENCY

You acknowledge that the Service presently includes a fictional currency ("Currency" or "Credits"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by ComyoNet. ComyoNet may charge fees for the right to use ComyoNet Credits, or may distribute ComyoNet Credits without charge, in its sole discretion. Regardless of terminology used, ComyoNet Credits represent a limited license right governed solely under the terms of this Agreement, and are basically not redeemable for any sum of money or monetary value from ComyoNet at any time. You agree that ComyoNet has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that ComyoNet will have no liability to you based on its exercise of such right. You agree that ComyoNet Credits are just a tool to facilitate the promotion of posted linked and to facilitate the earning of users. You agree that the credits bought, earned, collected or used for promotion are a property of ComyoNet and are not redeemable for any sum of money or monetary value from ComyoNet at any time.

The Service currently includes a transfer component, which refers to an aspect of the Service through which ComyoNet administers transactions among users for the transfer of the licensed right to use Currency. Notwithstanding any other language or context to the contrary, as used in this Agreement and throughout the Service in the context of Credits transfer: (a) the term "transfer to" means "to transfer for consideration to another user the licensed right to use Currency in accordance with the Terms of Service," (b) the term "receive from" means "to receive for consideration from another user the licensed right to use Currency in accordance with the Terms of Service," (c) "buy Credits" and similar terms mean a request from a user for ComyoNet to purchase the Currency, (d) "sell order" and similar terms mean a request from a user to ComyoNet to list Currency ("Credits") for sale on the Credits Martket at a requested sale price. You agree that we are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the truth or accuracy of users content or listings, the ability of sellers to sell credits, the ability of buyers to pay for credits, or that a buyer or seller will actually complete a transaction.

You agree and acknowledge that ComyoNet may deny any "sell order" , "transfrer to", "receive from" or "buy credits" individually or with respect to general volume or price limitations set by ComyoNet for any reason. ComyoNet may halt, suspend, discontinue, or reverse any Credits transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.

3. ACCOUNT REGISTRATION

You must establish an account with ComyoNet (your "Account") to use the Service, except for those portions of the Websites to which ComyoNet allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize ComyoNet, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. ComyoNet reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that ComyoNet cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.

You must be at least 13 years of age to participate in the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority.

By accepting this agreement, you represent that you are an adult 18 years of age or older. If younger than 13 years, you represent that (a) you have read and accept this Agreement; (b) your parent or legal guardian has consented to you having an Account for use of the service, and to providing your personal information for your Account; and (c) your parent or legal guardian has read and accepted this Agreement.

You must choose an account name to identify yourself to ComyoNet staff (your "Account Name"), which will also serve as the name for the representation of your identity in the Service. You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of ComyoNet; or a name which ComyoNet deems in its discretion to be vulgar or otherwise offensive. ComyoNet reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.

At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.

You may not transfer your Account to any third party without the prior written consent of ComyoNet;

Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have unused credits, you will be allowed to use the remaining credits according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused credits or any prepaid fees for any portion of the Service.

ComyoNet has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that ComyoNet suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused credits, any license fees, any content or data associated with your Account, or for anything else.

In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in ComyoNet's sole discretion), ComyoNet may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts.

4. LICENSE

Subject to the terms of this Agreement, ComyoNet grants to you a non-exclusive, limited, fully revocable license to use the ComyoNet Link Service and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service; these terms are available where such separate elements are available from the Websites. Nothing in this Agreement, or on ComyoNet's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a ComyoNet employee and that you do not expect to be, and will not be, compensated by ComyoNet for such activities.

Users of the Service can create Content on ComyoNet's servers in various forms. ComyoNet acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to ComyoNet: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of ComyoNet, and you provide written notice to ComyoNet of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow ComyoNet, in its sole discretion, to identify the relevant Content and materials), ComyoNet will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although ComyoNet cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from ComyoNet's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as ComyoNet may deem necessary or desirable for purposes of testing and/or providing support services in connection with the Service. Further, you agree to grant to ComyoNet a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at privacy.asp.

You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to ComyoNet and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against ComyoNet or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and ComyoNet will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) ComyoNet's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of ComyoNet's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data ComyoNet stores on ComyoNet servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of ComyoNet.

5. USAGE

You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a ComyoNet employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by ComyoNet at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that ComyoNet considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that ComyoNet may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.

ComyoNet has designed the Service to be experienced only as offered by ComyoNet at the Websites or partner websites. ComyoNet is not responsible for any aspect of the Service that is accessed or experienced using other means that are not provided by ComyoNet. You agree not to create or provide any server emulators or other means that provide access to or use of the Servers without the express written authorization of ComyoNet. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on ComyoNet's infrastructure.

You may not modify, adapt, reverse engineer, decompile or attempt to discover the source code of the ComyoNet Service, or create any derivative works of the ComyoNet Service. You may not copy or distribute any of the written materials associated with the Service.

You agree to review and adhere to the guidelines on using ComyoNet's trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "ComyoNet Materials"). Except for the licenses expressly granted there or in a separate written agreement signed by you and ComyoNet, ComyoNet reserves all right, title, and interest in the ComyoNet Materials and does not authorize you to display or use any ComyoNet Material in any manner whatsoever. If you have a written license agreement with ComyoNet to use a ComyoNet Material, your use shall comply strictly with that agreement's terms and conditions and use guidelines.

6. DISCLAIMERS OF WARRANTY, LIABILITY, AND INDEMNIFICATION

As a condition of access to the Service, you release ComyoNet (and ComyoNet's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) ComyoNet will have the right but not the obligation to resolve disputes between users relating to the Service, and ComyoNet's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent ComyoNet elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) ComyoNet's resolution of such disputes will be final with respect to the Service but will have no bearing on any legal disputes in which users of the Service may become involved; and (d) you hereby release ComyoNet (and ComyoNet's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ComyoNet's resolution of disputes relating to the Service.

ComyoNet is not responsible for any system used with or in connection with Link System other than ComyoNet products developed by ComyoNet. ComyoNet does not control and is not responsible for any information you provide to parties other than ComyoNet. ComyoNet is not a party to your agreement with any party that provides software, products or services to you in connection with Link System.

WHEN USING THE SERVICE, YOU MAY ACCUMULATE CONTENT, CURRENCY, OR OTHER VALUE OR STATUS INDICATORS THAT RESIDE AS DATA ON COMYONET'S SERVERS. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON COMYONET'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMYONET'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, ComyoNet DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMYONET'S SERVERS.

YOU UNDERSTAND AND AGREE THAT COMYONET HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

ComyoNet PROVIDES THE SERVICE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, COMYONET DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE, OR YOUR ACCOUNT, AND YOU UNDERSTAND THAT YOU SHALL NOT BE ENTITLED TO REFUNDS FOR FEES BASED ON COMYONET'S FAILURE TO PROVIDE ANY OF THE FOREGOING OTHER THAN AS EXPLICITLY PROVIDED IN THIS AGREEMENT.

IN NO EVENT SHALL COMYONET OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT COMYONET MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL COMYONET'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND. YOU AGREE THAT COMYONET CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING OR SUBSCRIBING TO THE SERVICE.

At ComyoNet's request, you agree to defend, indemnify and hold harmless ComyoNet, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless ComyoNet, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

7. PRIVACY POLICY

The personal information you provide to us during registration is used for ComyoNet's internal purposes only. ComyoNet will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect ComyoNet, its agents and other users of the Service. ComyoNet does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. ComyoNet can (and you authorize ComyoNet to) disclose any information about you to private entities, law enforcement agencies or government officials, as ComyoNet, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that ComyoNet may communicate with you via email and any similar technology for any purpose relating to the Link System Service, and any services which may in the future be provided by ComyoNet or on ComyoNet's behalf.

You acknowledge and agree that ComyoNet, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. ComyoNet may share general, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.

You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website at privacy.asp.

8. GENERAL

The Service is controlled and operated by ComyoNet from its offices within the Netherlands. ComyoNet makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the Netherlands. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws and restrictions and regulations relating to the ComyoNet Service and its use.

ComyoNet's failure to act with respect to a breach by you or others does not waive ComyoNet's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ComyoNet under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ComyoNet. All or any of ComyoNet's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of ComyoNet's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of ComyoNet, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ComyoNet shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ComyoNet.

This Agreement sets forth the entire understanding and agreement between you and ComyoNet with respect to the subject matter hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

9. NOTICE

ComyoNet may give notice to you by means of a general notice on our website at ComyoNet, through the Link Messaging System, or by electronic mail to your e-mail address in our records for your Account. All notices given by you or required under this Agreement shall be e-mailed to us at: INFO@COMYONET.COM