Googlin Terms and Conditions

Please read carefully.

1. Introduction

1. These Terms and Conditions (the "Terms") govern your use of the Googlin website located at www.googlin.com (the "Site") and/or purchase and/or use of our products & services (the "Products"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

1. These Terms is a legally binding agreement between you ("you" or "your") and Thirteen Elements LTD. ("Googlin", "we" or "our"). By checking the appropriate box indicating that you agree during registration or accepting Terms and Conditions during installation of Googlin application or otherwise accessing the Googlin Site, Services, Software or Materials (collectively referred to as the "Services"), you are indicating that you have read this agreement, that you understand it, and that you consent to be bound by all of its Terms and Conditions.

1. If you do not agree with any of these Terms, do not continue the registration process, access or otherwise use this Site, Products, or any information on or related to this Site. Your use of this Site and/or any Products available on or through this Site constitutes your agreement to abide by each of the Terms set forth below.

1. Googlin does not knowingly permit children under 13 to create a Googlin account or use Products. Do not attempt to create an account if you are under 13. If you are under age 18 you must have your parent or legal guardian’s permission to use this Site and Products, as well as have them read and agree to these terms. See our privacy policy.

2. Changes to the Terms

2. Googlin reserves the right to make changes to the content offered on this Site and Terms, at any time. When these changes are made, Googlin will post the updated Terms on the Site.

2. Your continued use of Googlin Site and Services after publishing changed Terms acknowledges your agreement to the new Terms. You understand and agree that if you use the Services after the date on which the Terms have changed, Googlin will treat your use as acceptance of the updated Terms.

2. You should check the Terms regularly for changes.

3. Use of Content and the Services

3. The Site and Products are only for your personal use and entirely at your own risk, for which we shall not be liable. You may not use the Site and Products in any way that is unlawful, or harms us or any other person or entity.

3. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We cannot take responsibility for posted Content, regulate and not pre-screen Content of communications between users or users' interactions with the Service. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You understand that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You acknowledge that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Googlin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

3. You understand that the Site and Products, act only as a platform and technical interface between users and that Googlin does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Googlin.

3. You acknowledge that Googlin 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 Googlin.

3. You acknowledge that Googlin coins "Currency" - is an virtual fictional currency which may be purchased with real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our Product or a virtual product when, as, and if allowed by Googlin and subject to the terms and conditions of these Terms. Currency is right available for purchase or free distribution at Googlin discretion, and is not redeemable for monetary value from Googlin.

3. We may charge fees for the right to use Googlin Coins, or may without charge, in its sole discretion. Googlin 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 Googlin will have no liability to you based on its exercise of such right.

5. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Thirteen Elements LTD., Copyright © 2005 - 2010 Thirteen Elements LTD. All Rights Reserved.

4. Registration and Accounts

3. You may establish one User account (the "Account") per email address you supply to Googlin. You may create one Googlin Avatar per Account by accessing the Service pursuant to the terms, conditions and restrictions contained in this Agreement. You may not share the Account with anyone, except that if you are a parent or guardian, you may permit one minor child over the age of 13 to use the Account when not in use by you. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account (including, but not limited to, the Googlin Avatar and the unique User name) are and shall forever be owned by Googlin.

4. During the registration process prior to using the Service, you may be requested to provide certain information (e.g. your birth date, gender, zip code, name, e-mail address, country or territory of residence, and for paid services, credit card and billing information, such as your telephone number), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being "Personal Information"). In order to use certain features of the Service, you may be requested to provide additional information, such as (by way of example) your instant messenger user / screen name, which Googlin will also treat as Personal Information. Googlin will use your Personal Information in accordance with its then-current Privacy Policy. Please review this privacy policy before you complete the purchase or registration process or attempt to use or access the Service. The User name that you select must comply with the requirements for other User Supplied Content, and such other policies for User names that Googlin may publish from time to time. You agree that you will not allow others to use your User name, password (to the extent a password is required to access the Service) and/or Account. You agree to indemnify and hold Googlin, harmless for any improper, unauthorized or illegal uses of your User name, password and/or your Account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or Account.

4. You must notify Googlin immediately of any breach of security or unauthorized use of your Googlin account that you become aware of.

4. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our group undertakings, and our and our group undertakings' licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Googlin and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

4. You agree that you will be solely responsible (to Googlin, and to others) for all activity that occurs under your Googlin account.

5. Rights and responsibilities

3. Our rights and responsibilities

• For as long as Googlin continues to offer services, Googlin shall provide (and seek to update, improve and expand, in similar and different new ways) the Googlin platform, application and Products with the purpose of providing all members with professional networking connectivity, through Googlin proprietary tools, rules and protocols which Googlin may update, improve, discontinue and change at any time, at LinkedIn’s sole discretion.

• We allow you to access Googlin as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Terms. We may modify, replace, refuse access to, suspend or discontinue Googlin, partially or entirely, or to charge and modify prices for Googlin. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Googlin and all related items.

• Googlin reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Googlin has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

5. You are allowed to

• By using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (Content), and Content may be provided under license by independent content providers, including contributions from other users of the Service.

• You may communicate, post and share comments and content with other users through the Services.

5. You are not allowed to

• By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;

2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;

3. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;

4. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;

5. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;

6. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;

7. you do not have a right to make available under law or contractual or fiduciary relationships;

8. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;

9. bears any false, disguised or misleading origin;

10. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;

11. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

• You are not allowed to access, tamper with, or use non-public areas of the Services, Googlin’s computer systems, or the technical delivery systems of Googlin’s providers;

1. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

2. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Googlin (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Googlin;

3. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

4. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Googlin server, or the network(s) connected to any Googlin server, or interfere with any other party's use and enjoyment of the Services;

5. modify, adapt, translate or reverse engineer the Services

6. create user accounts using any automated means or under false pretenses.

5. This list of prohibitions provides examples and is not complete or exclusive.

6. Copyright Policy

3. Googlin operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party.

6. Googlin will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your contact information, including your address, telephone number, and an email address;

5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

6. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Googlin will also terminate a user’s account if the user is determined to be a repeat infringer. Notice should be provided by email: copyright@googlin.com with a copy by mail to: … (address).

7. Privacy policy

7. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). For more information, please see our full privacy policy which is available here.

8. Limitation of Liability

7. Googlin provides the Service on an "as is" basis, without express or implied warranties.

8. We will not be liable to you for any direct or indirect loss or damages to your health, personal injury (including death), any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, and property damage of any nature whatsoever or for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, resulting from your using, displaying, copying, or downloading any materials, third party content or submissions to or from materials, third party content or submissions to or from this Site.

8. Googlin tries to make sure that all information contained on the Site is correct, but it does not accept any liability for any error or omission. You should check with Googlin before acting on any information on the Site. Googlin is not liable for any action you may take as a result of relying on any information provided in the Site.

8. Without limiting the foregoing, Googlin does not ensure continuous, error-free, secure or virus-free operation of the Service, and you understand that you shall not be entitled to refunds for fees based on Googlin failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

8. The Services may contain links to third-party sites that are not under the control of Googlin, and Googlin is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Googlin endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, 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 such third party.

8. The limitations, exclusions and disclaimers in these Terms apply to the maximum extent permitted by applicable law. With respect to users who access the Site in certain jurisdictions, this section does not affect your statutory rights as a consumer under applicable law.

9. Software

9. Googlin offers you the ability to download certain software through the Services, Googlin application, to enhance your usage of the Googlin service. The software (the “Googlin Avatar”), including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your use only. We do not transfer title of the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Your usage of the Software is subject to these Terms of Use and all references to "Services" in these Terms of Use include the Software.

9. The Googlin application software will cause Googlin to automatically launch when you turn on your computer. Googlin applicaiton automatically logs you into your Googlin account. Your user name and password will be stored by the Googlin application onto your computer.

10. Consequences of violation of Terms of Use

10. Googlin reserves the right to terminate your privilege to use the Services at any time for any reason. In addition, Googlin shall have the right to:

1. remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use;

2. terminate your access to your account, your ability to post to this Site and refuse, delete or remove any Submissions or reclassify Submissions or any other portion of the Services, and/or remove a user or otherwise terminate any use of the Services if Googlin determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use for any action that Googlin determines is inappropriate or disruptive to this Site or to any other user of this Site with or without cause and with or without notice, for any reason or no reason.;

3. report law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct and provide law enforcement officials or appropriate government agencies with all requested information about the user account from which the illegal activity or material originated.

11. Comments and questions

10. If you have any comments or questions you may address them to the customer service department at Googlin at email (googlin@googlin.com) or address.