This Privacy Policy statement discloses The Linkup's privacy practices and is incorporated
into and is subject to the Terms and Conditions of Use. By entering into the Agreement,
you expressly consent to The Linkup's use and disclosure of Your personal information
in accordance with this Privacy Policy.
Information Collection and Use: The Linkup is the sole owner of
the information collected from its Users. Except as required by law, subpoena or
court order, The Linkup will not sell, share, or rent this information to others
in ways different from what is disclosed in this statement.
Registration. In order to use some of The Linkup's services, Users
must first complete a registration form, which requires providing The Linkup certain
information. This information is used to identify the specific User utilizing The
Linkup's services. The User may provide optional identifying information, demographic
information, and unique identifiers to enable us to provide a more personalized
experience on the site.
Cookies. A cookie is a piece of data stored on the User's hard
drive containing information about the User. Cookies identify the User for our database,
but provide no information other than that which You have already provided The Linkup.
For instance, by setting a cookie on this site, the User would not have to log in
a password more than once, thereby saving time while on the site. If a User rejects
the cookie, they may still use the site. The User, however, will be limited in some
areas of the site. Cookies can also enable The Linkup to track and target the interests
of the Users to enhance their experience on the site. Some of The Linkup's business
partners use cookies and action tags (also known as single pixel gifs or web beacons)
on the site for purposes such as serving ads and measuring advertising effectiveness.
The Linkup, however, has no access to or control over their use of these cookies
and is not responsible for the data collected through these cookies, or how any
such collected data is used or shared by The Linkup's business partners. Any information
that these third parties collect via cookies and action tags is completely anonymous.
If you would like more information about this practice and your choices, click here.
Log Files. The Linkup uses IP addresses to analyze trends, administer
the site, track User. IP addresses are linked to personally identifiable information
for security and operational purposes only.
Correspondence. The Linkup may retain correspondence from Users
for tracking purposes only and, except as required by law or to assist in enforcing
the Agreement, will not use it for any secondary purpose or to send You unsolicited
electronic mail.
Use of Personal Information. The Linkup will not give, sell, rent,
share, or trade any personal information about You to third parties or provide Your
personal information, including your name or electronic mail address, to third parties
except as required by law, subpoena or court order. The Linkup may disclose Your
username, name, address, electronic mail address, and other personal information
as it believes necessary or appropriate in connection with an investigation for
fraud, intellectual property infringement, piracy, or other illegal activity as
well as dispute resolution and enforcement of the Agreement. The Linkup will share
aggregated demographic information with its partners and advertisers. This is not
linked to any personal information that can identify any individual person. The
Linkup a credit card processing company to bill Users for goods and services. The
Linkup may partner with other parties to provide specific services. When the User
signs up for these services, The Linkup will share names or other contact information
as necessary for the third party to provide these services. These parties are not
allowed to use personally identifiable information except for the purpose of providing
these services.
Metadata. By your use of The Linkup's service you grant a non-exclusive,
sub-licensable license to The Linkup for any and all rights in the identifications,
descriptions, or other metadata you have provided in connection with Your Public
Content and Private Content. The Linkup reserves the right to rent, sell or otherwise
share this metadata with other entities at its discretion.
Links. This web site contains links to other sites. Please be aware
that The Linkup is not responsible for the privacy practices of such other sites.
We encourage our Users to be aware when they leave our site and to read the privacy
statements of each and every web site that collects personally identifiable information.
This Privacy Policy statement applies solely to information collected by The Linkup
on the The Linkup web site.
Surveys and Contests. From time-to-time The Linkup may request
information from Users via surveys or contests. Participation in any such surveys
or contests is completely voluntary and the User therefore has a choice whether
or not to disclose the requested information. Information requested may include
contact information (e.g., name and address), and demographic information (e.g.,
age level or income). Contact information will be used to notify the winners and
award prizes. Survey information will be used for purposes of monitoring or improving
the use and satisfaction of this site.
Security. The Linkup uses best practices to protect our Users' information. When
The Linkup asks users to enter sensitive information (such as credit card number),
that information is protected with SSL encryption software for transmission to The Linkup.
All of our Users' information is restricted in our offices. Only employees who need the
information to perform a specific job (for example, our billing clerk or a customer
service representative) are granted access to personally identifiable information.
The Linkup employees must use password-protected screen-savers when they leave their desk.
When they return, they must re-enter their password to re-gain access to your information.
Furthermore, employees are kept up-to-date on The Linkup's security and privacy practices.
Every quarter, as well as any time new policies are added, The Linkup employees are notified
and/or reminded about the importance placed on privacy, and what they can do to ensure the
Users' information is protected. Finally, the servers on which The Linkup stores personally
identifiable information are kept in a secure environment.
Supplementation of Information. The Linkup may combine information about the purchasing habits of Users
with similar information from its partners to create a personalized user profile. When a User makes a
purchase from one of The Linkup's partners, the partner company may collect and share that purchase
information with The Linkup to better tailor the site to the Users' preferences.
Privacy of Other Users. Your use of other Users' personal information obtained through The Linkup is strictly
limited to communications related to Your use of The Linkup's services that are not unsolicited commercial messages and any
other purpose that a User expressly opts into after adequate disclosure of the purpose(s). In all cases, You must give Users an
opportunity to remove themselves from Your database and a chance to review what information You have collected about them. In
addition, except as defined in this section, you can not disclose personal information about another User to any third party
without The Linkup's consent and the consent of such other User after adequate disclosure.
Special Offers. The Linkup may occasionally send information on products, services, special deals, or a newsletter.
Out of respect for the privacy of the Users, The Linkup presents the option to not receive these types of communications. Please see
The Linkup's Choice / Opt-Out provision below.
Site and Service Updates. The Linkup may send its Users site and service announcement updates. Users are not able to
un-subscribe from service announcements, which contain important information about the service. The Linkup communicates with the User
to provide requested services and in regards to issues relating to their account via electronic mail or phone.
Correcting/Updating Personal Information. If Your personally identifiable information changes (such as your zip code), The Linkup will
endeavor to provide a way to correct or update the personal data You provided to it. This can usually be done at the Account Information
page or by electronically mailing our Customer Support at support@thelinkup.com.
Removing Personal Information and Content. The Linkup will remove Your contact information from its current database if You decide that
You no longer want to use The Linkup's services and request to be removed from the database. The Linkup may in some circumstances retain information that
You have requested removed to resolve disputes, troubleshoot problems and enforce the Agreement. Further, such prior information is never completely removed
from The Linkup's databases due to technical constraints and the fact that The Linkup backs up its systems. Accordingly, Your personal information
will not be completely removed from The Linkup's databases in response to Your requests.
Choice/Opt-out. You may opt-out of having Your information used for purposes not directly related to The Linkup's services at the point
where we ask for the information. Users who no longer wish to receive promotional materials from our partners may opt-out of receiving these communications
by replying with unsubscribe in the subject line in the electronic mail or electronic mail us at support@thelinkup.com.
Notification of Changes. If The Linkup decides to change this privacy policy, it will post those changes so Users are always aware of what
information The Linkup collects, how it uses it, and under which circumstances, if any, it is disclosed. If at any point The Linkup decides to use personally
identifiable information in a manner different from that stated at the time it was collected, The Linkup will notify You by way of electronic mail. You will
have a choice as to whether The Linkup may use Your information in this different manner. Otherwise, The Linkup will use information in accordance with the
privacy policy under which the information was collected.
No Warranties. Due to technical, legal and practical limitations, The Linkup cannot warrant and does not guarantee, and You should not expect,
that all of Your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. The Linkup
may disclose information to governmental authorities or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions
or private communications. You authorize The Linkup to disclose any information about You to law enforcement or other government officials as The Linkup, in its sole
discretion, believes necessary, prudent or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is
illegal or may expose The Linkup to legal liability.
As a The Linkup user, you agree to abide by the following terms:
Definitions.
As used in this Agreement, the following terms and phrases shall have the following meanings:
Agreement: These Terms and Conditions,
The Linkup's Privacy Policy, The Linkup's Policy Against Copyright Infringement
and any and all agreements, schedules, policies, or amendments in place between You and The Linkup governing Your use of The Linkup's services.
Content Provider: A User that allows access to or distributes his or her Public Content, in electronic or other format to other Users.
Content Recipient: A User that utilizes The Linkup's services to access or receive, in electronic or other format, Public Content from other Users.
Digital Delivery: The delivery of Public Content or electronic data, by digital transmission of electronic data and/or sound recordings which result
in specifically identifiable reproductions by or for any Content Recipient of a copy of that data or a phonorecord of that sound recording by any means now known or
hereafter devised.
Private Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs,
documents, software, and other graphical or textual material embodying Your works and any descriptions, titles, captions and other identifying characteristics You or others
attribute thereto, maintained on Your behalf by The Linkup that You have not designated for general access by Users other than Yourself. However, Private Content does include
content sent to other users by email and/or through the use of hosted content with restricted access, such as by password protection or IP restriction.
Public Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs,
documents, software, other graphical or textual material embodying Your works; any descriptions, titles, captions and other identifying characteristics You or others
attribute thereto; and all trademarks, tradenames and trade secrets therein, which are maintained on Your behalf by The Linkup and that You have designated for access by
Users other than Yourself.
Streaming Transmission: The digital transmission of a sound recording or other Public Content where a copy of the Public Content is not made by or for the Content Recipient.
The Linkup: The Linkup Inc., MediaMax, Inc., and their successors, assignees, agents, distributors, dealers, and licensees.
Transacting Parties: The Content Provider(s) and Content Recipient(s) engaged in an individual Transaction utilizing The Linkup's services.
Transaction: The offer of a copy of any Public Content by a Content Provider and the acceptance thereof by a Content Recipient using The Linkup's services.
User: Any individual, group or entity accessing The Linkup's services and/or utilizing one or more of The Linkup's services to store, transfer or receive Private Content or Public Content.
You, Your, Yours: The person who is over the age of 18, and the minor(s), individual(s), group(s), entity(ies) or other association(s), individually and as a whole, and their agents,
successors and assignees, on whose behalf that person has entered this Agreement with The Linkup and for whom The Linkup has established an account.
Our Relationship. The Linkup provides a service that enables You to store, transfer and receive Private Content and Public Content online. All Transactions that take place utilizing
The Linkup's services are made directly between the Transacting Parties. The Linkup is not an agent of any Transacting Party, nor is The Linkup a direct party to any Transaction. You and The Linkup
act independently in all Transactions, and no agency, partnership, joint venture, trust, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement or by Your
use of The Linkup's services.
As-Is and As-Available. Neither The Linkup nor any User, or their respective agents, warrants that the service, Private Content or Public Content, or Your access thereto, will be
uninterrupted or error free, and The Linkup's services and both Public Content and Private Content are provided on an "as is, as available" basis. The Linkup has the right to make changes to its
services without notice to You. Neither The Linkup nor any User warrants that Public Content or Private Content will be free of viruses or similar contamination or destructive features. You expressly
agree to assume any and all risk as to the use, quality, performance, accuracy or completeness of any Private Content, Public Content, or The Linkup's services.
User's Identity. You agree to provide The Linkup with accurate, timely information about Yourself and/or the minor over the age of 13 on whose behalf You are entering this Agreement,
and update Your contact data such that it remains current. You will not provide The Linkup with false information about Your identity, impersonate another person or entity, or otherwise misrepresent
Your identity or affiliation to The Linkup. The Linkup will use that information only in a manner consistent with that disclosed in The Linkup's Privacy Policy, which is incorporated into this Agreement
by reference. Your failure to comply with this provision automatically nullifies any obligation The Linkup may have to contact You or provide You with any notice required by this Agreement or by law.
Access. You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of The Linkup's services. You
must immediately notify The Linkup if you become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User's account information, contact data, Private
Content, Public Content, or The Linkup's services. The Linkup does not guarantee the security of any information transmitted to or from The Linkup. You are solely responsible for all Private Content,
Public Content and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under
Your username and password. If You lose control of your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness
of the Private Content and Public Content maintained under Your username and password; for ensuring that Private Content or Public Content posted or distributed under Your username and password does
not violate or infringe this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring
that Private Content and Public Content maintained under Your username and password are not illegal. The Linkup disclaims any and all liability for such matters, and, to the fullest extent permitted
by law, You agree to indemnify, defend and hold The Linkup harmless from and against any and all claims, liabilities, loss, damages and expenses (including, without limitation, attorneys' fees) relating
to or resulting from the use of Your username and password and/or Private Content or Public Content maintained thereunder.
Reasonable Usage: If, within any month, your bandwidth usage greatly exceeds more than the average level of monthly usage of The Linkup's paid subscription customers generally you will
be in violation of The Linkup's "Reasonable Usage" policy. For purposes of this policy, "Reasonable Usage" means the total amount of data transferred by your account, as determined by us in our sole
discretion. (Please note, The Linkup users are very infrequently in violation of the policy. We will ensure your access remains uninterrupted.) We reserve the right to at anytime enforce this policy in
accordance with its terms.
No Infringement of Other's Rights. You represent and warrant that: (1) any Public Content You provide is (a) wholly Your own original work, (b) the original work of others from whom You
have received the rights or authority to enter this Agreement, or (c) Your own original work that incorporates the work of others from whom you have acquired the rights or authority to enter this Agreement;
(2) Your Private Content or Public Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral
rights; (3) Your Private Content or Public Content does not and will not violate any law, statute, ordinance or regulation.
Regulation of Private Content and Public Content. The Linkup does not prescreen or test Private Content or Public Content and does not endorse any Public Content. Although The Linkup does not
regularly monitor the use of its services by any particular user, it reserves the right to do so if The Linkup, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement.
The Linkup may monitor Your access, use, Public Content, files and/or Private Content to detect signs of misuse. The Linkup will not knowingly tolerate the use of its services for illegal or other injurious or
damaging activities. If The Linkup believes, in its own discretion, that You may be connected with such activities, The Linkup may disclose its user files, the Public Content and/or Private Content to the proper
authorities. The Linkup may, in its sole discretion, remove, reclassify, recategorize, or block Your access to all or any part of The Linkup's services or to any particular Public Content or Private Content at
any time for any reason, or for no reason at all. Without limiting the foregoing, The Linkup reserves its right to remove any Private Content or Public Content if (a) it decides, in its sole discretion, that
the Private Content or Public Content may breach any of Your obligations, representations, or warranties hereunder, (b) The Linkup is advised of a court order, subpoena or notice under the Digital Millennium
Copyright Act ("DMCA") requiring removal of the Private Content or Public Content.
Maintenance of Private Content and Public Content. The Linkup shall have no responsibility for and does not guarantee the integrity of Private Content or Public Content residing on The Linkup's
equipment or contracted storage providers. You are responsible for independent backup of Private Content and Public Content stored using The Linkup's services. You agree to assume all risk of loss of such data.
You agree to hold The Linkup harmless for any loss of data, whether on Your equipment or through The Linkup's services, arising out of or resulting from use of The Linkup's services, including use of software
provided by The Linkup, if any. The Linkup may, but shall not be required to, delete Your Public Content, files and/or Private Content after the termination of this Agreement.
Site Integrity. You will not attempt to gain access to The Linkup's private system areas or to other areas to which You are not expressly permitted access and You shall not reverse engineer or
attempt to reverse engineer any portion of The Linkup's service. The Linkup will prosecute those who illegally threaten the system or its services. You agree that if any of Your activities conducted in violation
of this Agreement are found to disrupt or damage The Linkup's hardware, software, system or their functions, You will reimburse The Linkup for system administration costs incurred in repairing the affected systems
as well as direct and consequential damages incurred by The Linkup arising out of Your activities.
Anti-Spamming Policy. You agree that you will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to The
Linkup's Users. You will not include in Your description of any Public Content keywords that are not related to the Public Content in order to gain extra exposure for the Public Content, and You will not directly
notify other The Linkup users of Your Public Content by means of mass-mailings, "spamming", or other unsolicited notifications. You shall not use The Linkup's services for advertising or promotion of a commercial
product or service that is not available through The Linkup's services.
Direct Dealing. You agree to not post or otherwise distribute any information about alternate sources for Users to acquire Your Public Content in an attempt to divert Users to services other than
The Linkup or to circumvent Your obligations to The Linkup under this Agreement. You agree to not seek alternate sources to acquire Public Content You located by use of The Linkup's services in an attempt to divert
Content Providers to services other than The Linkup or to circumvent The Linkup's services in facilitating a Transaction.
Age Restrictions. Anyone 13 years old or older is eligible to use The Linkup's services. An account for use by a minor must be established by a person over the age of 18 with the legal right to
execute this Agreement on behalf of the minor and who guarantees such minor.
Name and Likeness. As a Content Provider, You grant to The Linkup permission, on a non-exclusive basis, worldwide, to use your name(s), username, group name, corporate name, approved photograph,
artwork, and/or likeness(es) and approved biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of Your Public Content or The Linkup's services.
You will not assert any privacy, publicity, moral or similar rights held by you or any other person(s) whose contributions are embodied in Your Public Content under the laws of the United States or any other country
in connection with The Linkup's use of any such materials.
Public Content Identification. Your Public Content must strictly conform to the title and descriptions You provide. Public Content not suitable for all ages must be labeled to indicate that it is
intended for "Mature Audiences". Public Content with nudity, intense or graphic violence, intense sexual situations, crude or indecent language, or intensely suggestive dialogue must be labeled for "Mature Audiences".
You also grant a non-exclusive, sub-licensable license to The Linkup for any and all rights in the identifications, descriptions, or other metadata you have provided in connection with Your Public Content and Private Content.
Prohibited Private Content. The Linkup's services may not be used for the electronic storage of unlawful or illegal images, files, documents, materials, or other data relating to or resulting in child pornography,
copyright or trademark infringement, or other illegal data. The Linkup reserves the right at any time to remove any prohibited Private Content and terminate your The Linkup account under this Agreement. The storage of prohibited
Private Content may also subject You to civil and/or criminal liability.
Prohibited Public Content. You agree to abide by The Linkup's policy concerning Prohibited Public Content, which is incorporated into this Agreement by reference. Without limiting The Linkup's Prohibited Public
Content policy, The Linkup's services may not be used to engage in or encourage anything to do with unlawful or illegal activities relating to or resulting in controlled substances, gambling, pornography, prostitution, child
pornography, robbery, propagating computer viruses, unauthorized access to private computer systems, copyright or trademark infringement, illicit use of credit information, or other criminal or otherwise illegal activity.
The Linkup reserves the right at any time to remove any Prohibited Public Content and terminate this Agreement. The transfer or receipt of prohibited Public Content may also subject You to civil and/or criminal liability.
Licensing Fees, Royalties, Etc. As a Content Provider, You shall be solely responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with Your Public Content,
including but not limited to any applicable license fees, royalties, participations, residuals, union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties.
Neither The Linkup nor any Content Recipient shall have any obligation to make any such payments, and You warrant that You will fulfill your obligations to any such third parties.
Export Controls. No Public Content shall be acquired by or otherwise exported or re-exported into (or by or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or any other country to
which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. As a Content Recipient and/or User,
You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Parental Control Protections. The Linkup does not routinely audit the Private Content or Public Content provided by Users of its services and strongly encourages the use of parental control protections (such as computer
hardware, software, or filtering services) that are commercially available and may assist in limiting access to Public Content or Private Content that may be harmful to or inappropriate for minors.
Non-Assignability. You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your The Linkup account to anyone without the express
written consent of The Linkup. Upon reasonable notice to You, The Linkup may assign or transfer this Agreement at its sole discretion.
DISCLAIMER OF WARRANTIES. THE LINKUP’S SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Linkup DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without
limiting the generality of the foregoing, The Linkup does not warrant that the functions and/or services of The Linkup-related services, Private Content, Public Content, hardware, sites, software, data or other material will be uninterrupted
or error-free, or that defects will be detected or corrected; neither The Linkup nor any third party Content Provider warrants that any service, software, Public Content, Private Content or the methods by which they are made available will be
free of viruses or similar contamination or destructive features. You expressly agree to solely assume the entire risk as to the quality and performance of The Linkup's services and the accuracy or completeness of Private Content and/or Public
Content. The Linkup does not warrant or make any representations regarding the use or the results of the use of its services, software, Private Content, Public Content, the materials, functions, data or services in or provided by The Linkup,
its affiliates or its Users in terms of accuracy, reliability, or otherwise. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of The Linkup's services.
If applicable law does not allow the exclusion of implied warranties, certain of the above exclusion may not apply to You.
LIMITATION OF LIABILITY. YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL The Linkup BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT
LIMITED TO, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF PRIVATE CONTENT, OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM,
ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH The Linkup'S SERVICES, EVEN IF The Linkup OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT The Linkup WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH The Linkup'S SERVICES OR ANY OF THE CONTENT, DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR
RESIDING ON The Linkup'S EQUIPMENT, EVEN IF The Linkup HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL The Linkup'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. If applicable law does not allow the limitation or exclusion of liability or
incidental or consequential damages, certain of the above limitations or exclusions may not apply to You.
Indemnification. You agree to defend, indemnify and hold The Linkup and its agents, employees, consultants, representatives and/or assignees harmless from and against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including, but not limited to, attorneys fees and costs through appeal) relating to, arising out of or resulting from, in whole or in part, any acts or omissions by You, or Private Content, Public Content, materials or
information stored, transmitted or received by or for You, that in any way relate to The Linkup's services.
Termination at Will. The Linkup reserves the right to change, suspend or discontinue all or any aspect of its services at any time, including the availability of any feature, Private Content, or Public Content, without prior notice
or liability to You. Either party may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to the other party. Each party expressly waives any and all claims it may have against the other party arising
out of or related to any such termination at will.
Termination for Cause. The Linkup may terminate this Agreement if You submit false or misleading information to The Linkup, if You breach any provisions of this Agreement, or violate any laws, including the Digital Millennium Copyright
Act of 1998. Upon termination for cause, You will no longer have the right to access The Linkup's services and You will be precluded from accessing The Linkup's services in the future. The Linkup expressly reserves any and all additional rights and remedies
it may have against You including, but not limited to, claims for breach of contract.
Choice of Law and Venue. The Linkup's services are managed from its offices within the State of California, United States of America. The Linkup makes no representation that its services are appropriate or available for use in other locations.
If You choose to access this site from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All matters with respect to this Agreement, including, without limitation,
matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be
applicable under principles of conflicts of law). Any action or proceeding related to the subject matter of this Agreement shall be venued in San Diego, California. You hereby agree to submit to personal jurisdiction in the federal and state courts located in
San Diego, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Severablity. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement may not be amended unless the CEO of The Linkup has approved and signed such an amendment in writing. Non-enforcement of any section of this Agreement does not constitute consent or waiver and The Linkup reserves the right to enforce any provision of this
Agreement at its sole discretion.
Incorporation. The terms of this Agreement supercede any prior representations made by The Linkup or negotiations between You and The Linkup and is the entire agreement between the parties relating to the subject matter contained herein.
Modifications. The Linkup may from time to time amend the terms and conditions of this Agreement. At the time of any such change, You will be notified of the modified terms and conditions. Continued use of The Linkup's services after the effective date
of the notification shall constitute acceptance of the changed Agreement.
Time Limitation on Claims. Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against The Linkup arising out of or related to this Agreement or use of The Linkup's services must be filed within one year
of the date upon which You were or should have first been aware of the existence of the grounds for Your claim or cause of action.
Arbitration. Any dispute between You and The Linkup relating to this Agreement, Private Content, Public Content or The Linkup's services, hardware or software shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and any judgment on the arbitration
award may be entered in any court having jurisdiction thereof.
Notice. Legal notice to The Linkup must be delivered to:
Legal Notice
The Linkup
600 B Street, Suite 1850
San Diego, CA 92101
619-233-9914
legal@thelinkup.com
Any notice to You required by law or under this Agreement will be effectuated by The Linkup posting notice on its site in a designated area and via electronic mail (e-mail) to the address on file with The Linkup (if any).
Reporting Violations of this Agreement. Violations of the terms of this Agreement or similar agreements should be reported to The Linkup at legal@thelinkup.com. To report potentially infringing use of
copyrighted material, please refer to The Linkup's Copyright Infringement Policy.
Authority. You represent and warrant that (1) You are over the age of 18; (2) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary
to enter into this Agreement; and (3) if You are establishing an account on behalf of a minor or if any contribution to Your Public Content is from a minor, You have the legal right to execute this Agreement on behalf
of the minor and guarantee such minor's performance of the terms of this Agreement. These warranties shall survive any termination of this agreement. You agree to indemnify and hold The Linkup and its Users harmless
from any and all damages and costs, including reasonable attorney's fees, arising out of or related to Your breach of the representations and warranties described herein. You agree to execute and deliver documents to
The Linkup, upon The Linkup's reasonable request, that evidence or effectuate The Linkup's rights under this Agreement.
Agreement. You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review
and advisability of entering into this Agreement. Should you have any questions concerning this Agreement, please contact legal@thelinkup.com.
Prohibited content
You shall not use The Linkup's services to transmit, transfer or convey Public Content that might be illegal or otherwise damaging to The Linkup, its users, or others.
No Public Content (or any portion thereof) shall:
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Divulge information that You do not have a right to divulge due to a contractual, fiduciary, or privileged relationship;
- Violate any state or United States law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Be false, inaccurate or misleading;
- Be fraudulent or incorporate counterfeit or stolen items or property;
- Promote physical harm or injury or otherwise advocate violence against or unreasonable hostility toward people or groups based on their race, religion, national origin, sexual orientation, gender, or disability;
- Instruct, aid, abet, or promote any illegal activity including, without limitation, instructions on constructing explosive or incendiary devices; growing or producing controlled substances, or counterfeiting currency,
passports, drivers. licenses, etc;
- Contain child pornography. It is a federal crime to buy or sell child pornography as defined in United States Code, Title 18, Chapter 110 - Sexual Exploitation and Other Abuse of Children. ANY CONTENT THAT The Linkup
CONSTRUES AS CHILD PORNOGRAPHY WILL BE IMMEDIATELY FORWARDED TO THE PROPER AUTHORITIES.
- Contain any viruses, Trojan Horses, Worms, Time Bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Provide advice for which any jurisdiction requires a professional license to disseminate including, but not limited to, legal, or medical advice;
- Create liability for The Linkup or cause The Linkup to lose (in whole or in part) the services of its advertisers, service providers or suppliers; or
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement
This Prohibited Content policy precludes the use of The Linkup's services to transmit, transfer or receive electronic or other data that comprises or depicts any of the foregoing, as well as similar Public Content. You are responsible
for complying with the rules, terms and conditions outlined in the User Agreement and this Prohibited Public Content policy. If You have any questions as to if any particular Public Content is prohibited, please contact The Linkup at legal@thelinkup.com.
