Website Terms of Service Last Modified: December 1st 2016

 

1. Acceptance of Terms of Service

This is an agreement between LINKFACILITY INC. ("Company"), the owner and operator of www.linkmotility.com (the "Site"), and you, a user of the Site. By using the Site you acknowledge and agree to these Terms of Service and the Privacy Policy, which can be found at (htpp://linkmotility.com/content/privacy-policy) and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site.

 

2. Changes to Terms of Service

2.1. Right to Change Terms
The Company reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time.

2.2. Notice of Updated Terms
Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.

2.3. Acceptance of Updated Terms
Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.

2.4. Effective Date of Updated Terms
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.


3. Use of Site

3.1. License
During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.

3.2. Intellectual Property Rights
The design, trademarks, service marks, and logos of the Site ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under international laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.

3.3. User Conduct
You may not engage in any of the following prohibited activities:
I - copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
II - using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,
III - transmitting spam, chain letters, or other unsolicited email,
IV - attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
V - taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
VI - uploading invalid data, viruses, worms, or other software agents through the Site,
VII - collecting or harvesting any personally identifiable information, including account names, from the Site,
VIII - using the Site for any commercial solicitation purposes,
IX - impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
X - interfering with the proper working of the Site,
XI - accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
XII - bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

4. Your Account

4.1. Account Creation
You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration.

4.2. Account Security
The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

5. User Content

5.1. Content Ownership
You retain all ownership rights to content uploaded to Site.

5.2. Content License
By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

 

6. Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for:

I - the availability or accuracy of such websites or resources, or

II - the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

7. Third Party Content

Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.

 

8. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the EU and/or other countries for storage, processing, and use by the Company.

 

9. Copyright Policy

The Company respects the intellectual property rights of others and expects users of the Service to do the same. We 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 our copyright agent with the following information:
I - a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
II - identification of the copyrighted work claimed to have been infringed,
III - identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
IV - your contact information, including your address, telephone number, and an email address,
V - 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 vi. 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.

 

10. Trademarks

The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.

 

11. Promotions

Some users may promote competitions, promotions, prize draws and other similar opportunities on the Site ("Third Party Competitions"). The Company is not the sponsor or promoter of these Third Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third party who organize, administer or are otherwise involved in any promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms.

 

12. Termination

12.1. Termination upon Notice
Either party may terminate this agreement at any time by notifying the other party.

12.2. Termination by the Company
The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

12.3. Effect of Termination
Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.

12.4. Survival of Provisions
This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

 

13. Disclaimers

The information contained in this site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site. Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. While the Company have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, the Company is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will the Company , its related partnerships, subsidiaries or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

14. Limitation of Liability

To the fullest extent permitted by applicable law in no event shall the Company be liable for:
I - any direct, special, indirect or consequential damages, or
II - any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

 

15. Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

 

16. Arbitration

16.1 Claim Procedure
For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration.

16.2 Arbitration Location
Unless you and the Company agree otherwise, the arbitration will be conducted in the country where you reside.

16.3. Arbitration Award
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

16.4. Injunctive Relief
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

 

17. Governing Law

This agreement will be governed by and construed in accordance with English Laws, without regard to its conflict of laws rules.

 

18. Feedback

We welcome any comment, question and communication at contact@linkmotility.com