Thank you for using Linktops!
1. Linktops is a Conduit
Linktops is a conduit that allows members who comply with Linktops' terms and policies to social network, conduct e-commerce and share their ideas and online presence through their own uploaded photos and videos (and photos and videos that you have been granted right to use approval by the original creator of that content). Linktops is not directly involved in the social networking or e-commerce transactions, or any other exchange or communication that may ensue between any member and visitor of the Linktops platform (and any individual linktop shared on the web). As a result, Linktops Corporation has no control over the quality, safety, morality or legality of any aspect of social networking, e-commerce or online sharing or any other exchange or communication of any nature between Linktops members and visitors through the Linktops website and through any individual linktop shared on the world wide web. Linktops Corporation also has no control over the goods and services listed by members, the truth or accuracy of such listings. We do not pre-screen members or the content or information provided by members. However you agree that you will create any individual linktops in good faith that they are in compliance with the entirety of these terms.
Consequently, Linktops does not transfer legal ownership of items, ideas, services or products of any nature between members and visitors that use Linktops in any fashion. Linktops does not inquire about and cannot guarantee the identity, age, nationality, race and gender of its members.
You agree that Linktops is a conduit and as such is not responsible or liable for any content, for example, online video URLs and embed codes, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and hyperlinks posted by you, other members, or outside parties on Linktops or on any other website hosted online. You use the Linktops products and services at your own risk.
All members must agree to only use their own original uploaded photos and videos videos in their entirety or any part, thereof for the creation of any individual linktops, or you must have right to use approval of any copyrighted content that you use that has been created by the original content creator.
2. Membership Eligibility
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Linktops of any unauthorized use of your password or any breach of security. You also agree that Linktops cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
Although Linktops will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Linktops or others due to such unauthorized use.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Notification: You will receive regular notifications by e-mail regarding your Linktops account. These notifications will include information about your account status, modification to your existing Linktops, addition of new Linktops into your account, individual linktops shared to you by Linktops visitors and users, and any other pertinent information regarding your account. These e-mail notifications may also include Linktops offers that you may be eligible for and can take advantage of.
Account Transfer: You may not transfer or sell your Linktops account and member ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Linktops products and services are not available to temporarily or indefinitely suspended Linktops members. Linktops reserves the right, in Linktops sole discretion, to cancel unconfirmed or inactive accounts, and to delete inidividual user Linktops and user accounts that violate our terms and conditions.
3. Prohibited, Questionable, and Infringing Items and Activities
You are solely responsible for your conduct and activities on the Linktops website and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display through individual Linktops.
Restricted Activities: Your content and use of the Linktops website and any Linktops products and services shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale or use of illegal, counterfeit or stolen items that infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, any Site policy, guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Linktops staff or other members), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
- Be obscene or contain pornography of any nature.
- Promote, recruit, fund or facilitate any known or unknown terrorist groups or terrorist activities.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of Linktops Corporation or any of its owners, partners, affiliates, members and visitors.
- Host images not relevant to the content of your individual Linktops that you have in your Linktops account and not reference hyperlinks that are not relevant to the content of the individual Linktops in your account.
- Modify, adapt or hack the Linktops website or modify another website so as to falsely imply that it is associated with Linktops.
- Appear to create liability for Linktops Corporation or cause Linktops Corporation to lose (in whole or in part) the services of Linktops internet service providers (ISPs) or other suppliers.
4. Content & License
License: Linktops does not claim ownership rights to your Content. By using Linktops products or services, you grant Linktops express permission to use any information or content you supply, so that Linktops is not violating any rights you might have with that Content. You grant Linktops a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media now known or not currently known, with respect to your content. You agree to allow Linktops to store or re-format your content on Linktops and display your content on Linktops in any way as Linktops chooses.
Re-Posting Content: By posting Content on Linktops, it is possible for an outside website or a third party to re-post that content, including sharing that content through email, SMS, MMS, online documents, social networking and e-commerce websites, blogs, stand-alone websites, other locations on the world wide web, as well as through other available forms of electronic transmissions. You agree to hold Linktops harmless for any dispute concerning this use. If you choose to display any Linktops files on another website, those files must provide a link back to its listing page on Linktops. All Linktops files currently have a hyperlink that link back to Linktops website.
Idea Submissions: Linktops considers any unsolicited suggestions, ideas, proposals or other material submitted to Linktops Corporation by members or visitors via the Site or otherwise (other than the content and products and services listed, offered or sold on the Site by members) (collectively, the "Material") to be non-confidential and non-proprietary, and Linktops shall not be liable for the disclosure or use of such Material. If, at Linktops request, any member sends Material to improve the Site (for example through our Facebook page or to customer support on our Feedback link at the bottom of our website), Linktops will also consider that Material to be non-confidential and non-proprietary and Linktops will not be liable for use or disclosure of the Material. Any communication by you to Linktops is subject to this Agreement. You hereby agree to grant Linktops, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, marketing/advertising communication, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Information Control
Linktops does not control the content provided by members that is made available anywhere on the Linktops website or on individual member Linktops and their Linktags that may be shared throughout the world wide web or other forms of electronic communication, or distributed in any form (printed, digital, etc.). You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Linktops, you agree to accept such risks and that Linktops (and Linktops's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of members on Linktops. Please use caution, common sense, and practice safe buying, selling, social networking and sharing of information when using Linktops.
Third Party Links, Websites and Services: Our products and services allow our members to add links to third-party websites, advertisers, services, special offers, or other events or activities to their individual Linktops. These third-party websites, advertisers, services, special offers, or other events or activities are not owned or controlled by Linktops, unless the website URL resides at Linktops.com domain, or is managed by Linktops Corporation. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services that we do not own or manage. If you access any third party website, service, or content from any individual Linktops posted on the Site or through any Linktops shared throughout the world wide web or through other forms of electronic communication, you do so at your own risk and you agree that Linktops will have no liability arising from your use of or access to any third-party website, service, or content.
6. Resolution of Disputes and Release
For any dispute you have with Linktops, you agree to first contact us through our Feedback page and attempt to resolve the dispute with us informally. If Linktops 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 these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration must be conducted in the state of Neveda where Linktops is incorporated.
Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered must be entered in the Clark County Court jurisdiction for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action only in the Clark County Court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in County of Clark, in the state of Nevada. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
You and Linktops agree that any cause of action arising out of or related to the Site (including, but not limited to Linktops products or services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 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.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LINKTOPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Should you have a dispute with any Linktops members, visitors, or an outside party, you release Linktops (and Linktops officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 such disputes. Linktops encourages members to report member-to-member disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Linktops, for the benefit of its members, may try to help its members resolve disputes. Linktops does so in Linktops sole discretion, and Linktops has no obligation to resolve disputes between members or between members and outside parties. To the extent that Linktops attempts to resolve a dispute, Linktops will do so in good faith based solely on Linktops policies. Linktops will not make judgments regarding legal issues or claims.
7. Linktops Intellectual Property
Linktops and other Linktops graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Linktops Corporation, the parent corporation of Linktops.com and the Linktops software application and products and services in the U.S. and/or other countries. Linktops patent-pending technology, and Linktops trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
8. Member Copyright and Intellectual Property Policy
If you see photos or videos that you've created in another member's Linktops, this is probably just a misunderstanding and not malicious. Please contact them and politely ask them to remove it. If that doesn't work, and you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us through our Feedback form.
It is Linktops policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of members who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Linktops and/or others.
9. Access and Interference
Linktops may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Linktops is updated on a real-time basis and is proprietary or is licensed to Linktops by Linktops members or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Linktops for any purpose whatsoever, except to the extent expressly permitted by and incompliance with Linktops or otherwise without Linktops prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Linktops sole discretion, an unreasonable or disproportionately large load on Linktops infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any member Content (except for your Content) from the Site except to the extent expressly permitted by and in compliance with Linktops or otherwise without the prior express written permission of Linktops and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Linktops robot exclusion headers or other measures Linktops may use to prevent or restrict access to Linktops
Without limiting any other remedies, Linktops may, without notice, and without refunding any fees, delay or immediately remove Content, remove member Linktops, temporarily suspend a member, temporarily or indefinitely suspend a member's account privileges, terminate a member's account, prohibit access to the Site, and take technical and legal steps to keep a member off the Site and refuse to provide services to a member if any of the following apply:
- Linktops is unable to verify or authenticate any of your personal information or Content; or
- Linktops believes that a member is acting inconsistently with the letter or spirit of Linktops policies, has engaged in improper or fraudulent activity in connection with Linktops or the actions may cause legal liability or financial loss to Linktops members or to Linktops Corporation.
We care about the security of all Linktops members and visitors to our Site. While we work to protect the security of your content and account, Linktops cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
13. No Warranty
Linktops Corporation, http://www.linktops.com, Linktops officers, directors, employees and Linktops suppliers provide Linktops website, Linktops products and services are "as is" and without any warranty or conditions, express, implies or statuatory. Linktops, Linktops subsidiaries, officers, directors, employees and Linktops affiliates and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral, written or electronic) obtained by you from Linktops shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Liability Limit
You agree to indemnify and hold Linktops and (as applicable) Linktops Corporation and its subsidiaries, partners, affiliates, officers, directors, agents, and employees, harmless from any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from a) your access to or use of or inability to access or use Linktops products and services; b) any conduct or content of any third party use of Linktops products and services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or c) unauthorized access, use or alteration of your transmissions or content. In no event shaIl Linktops' aggregate liability exceed one hundred U.S. dollars (U.S. $100).
You agree to indemnify and hold Linktops and (as applicable) Linktops Corporation and its subsidiaries, partners, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. No Guarantee
Linktops does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside of Linktops control.
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Linktops products and services.
19. No Agency
You and Linktops are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Account Termination
If at any time you would like to close / terminate your Linktops account, please contact us through our Feedback form. Upon receipt of your email request to terminate your account, we will close your Linktops account within 14 calendar days and provide email notification of such action.
21. Governing Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Nevada, excluding its conflicts of laws rules, and the United States of America.
6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Linktops Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 15 (No Warranty), 16 (Liability Limit), 17 (Indemnity), 18 (No Guarantee), 20 (Severability), 21 (No Agency), 23 (Governing Law), 24 (Arbitration) shall survive any termination or expiration of this Agreement.
24. Notification Procedures
Except as explicitly stated otherwise, any notices shall be given by e-mail to the email address you provide as the current email address for your Linktops account. Notice shall be deemed given 72 hours after email is sent, unless the sending party is notified that the email address is invalid.
Effective Date: December 8, 2016