InnoGFIP GmbH i. G© 2021 All rights reserved. Last updated December
2021
AGREEMENT TO
TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Linkfro
("Company", “we”, “us”, or
“our”), concerning your access to and use of the
https://www.linkfro.com website as well as
any other media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the Site,
you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice of each such
change. It is your responsibility
to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site is
not intended for distribution to or use by any person or entity in any jurisdiction or country where
such distribution or use would
be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated, the Site
is our proprietary property and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and unfair competition laws
of the Federal Republic of Germany, international
copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS
IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without
our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a copy of any portion of
the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By
using the Site, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of
Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use
the Site; (5) you will not access the Site through automated or non-human means, whether through a bot,
script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7)
your use of the Site will
not violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future
use of the Site (or any portion thereof).
USER
REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site
for any purpose other than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1.
Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation,
database, or directory without written permission from us.2. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as user passwords.3.
Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained
therein.4. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.5. Use any information obtained from the
Site in order to harass, abuse, or harm another person.6. Make improper use of our support services or
submit false reports
of abuse or misconduct.7. Use the Site in a manner inconsistent with any applicable laws or
regulations.8. Use the Site to advertise or offer to sell goods and services.9. Engage in unauthorized
framing of or linking to the Site.10.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the Site.11. Engage in any automated use of
the system, such as using
scripts to send comments or messages, or using any data mining, robots, or similar data gathering and
extraction tools.12. Delete the copyright or other proprietary rights notice from any Content.13.
Attempt to impersonate another
user or person or use the username of another user.14. Sell or otherwise transfer your profile.15.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or
transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or
“pcms”).16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion
of the Site to you.18. Attempt to bypass any measures of the Site designed to prevent or restrict access
to the Site, or any portion of the Site.19. Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML,
JavaScript, or other code.20. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.21. Except as may be the result of standard search
engine or Internet
browser usage, use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized
script or other software.22. Use a buying agent or purchasing agent to make purchases on the Site.23.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other
means for the purpose of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.24. Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us
or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of
the Site and through third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1.
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms
of Use.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person
in your Contributions to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms
of Use.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited
or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock,
disparage, intimidate,
or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or
incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate
any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not contain any material that solicits personal information
from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your
Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being
of minors;
13. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do
not otherwise violate, or
link to material that violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may
result in, among other things,
termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any
part of the Site or making Contributions accessible
to the Site by linking your account from the Site to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any
media channels.
This license
will apply to any form, media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert
any ownership over your
Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations
in your Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject,
or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions
or the views of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all content relating to
reviews.
SOCIAL MEDIA
As part of the functionality of the Site,
you may link your account with online accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of
each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and
conditions that
govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting
us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your Third-Party Account (the
“Social Network Content”)
so that it is available on and through the Site via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account additional information
to the extent you are
notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable
information that you post to your Third-Party Accounts may be available on and through your account on
the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third
Party Account is terminated by the third-party service provider, then Social Network Content may no
longer be available on and through the Site. You will have the ability to disable the connection between
your account on the
Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer solely for purposes of
identifying and informing
you of those contacts who have also registered to use the Site. You can deactivate the connection
between the Site and your Third-Party Account by contacting us using the contact information below or
through your account settings
(if applicable). We will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that become associated with
your account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are original with you
or that you have
the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITE AND
CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available through, or installed from the Site,
including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content,
you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should
review the applicable terms and policies, including privacy and data gathering practices, of any website
to which you navigate
from the Site or relating to any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you
shall hold us harmless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation,
to: (1) monitor the Site
for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation, reporting such user to
law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.
PRIVACY POLICY
We
care about data privacy
and security. Please review our Privacy Policy: https://linkfro.com/privacy. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised this Site is hosted in the Federal Republic of Germany. If you access the Site from any other region of the
world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in the Federal Republic of Germany, then through your continued use of the Site, you are transferring your data
to the Federal Republic of Germany, and you agree to have your data transferred to and processed in the Federal Republic of Germany
TERM AND TERMINATION
These Terms of Use
shall remain in full force
and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF
ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend
your account for any reason, you are prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our
Site. We also
reserve the right to modify or discontinue all or part of the Site without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage,
or inconvenience caused by your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain
and support the Site or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and
interpreted following the laws of the Federal Republic of Germany, and the use of the United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the
protection provided to you by obligatory provisions of the law of your country of residence. Linkfro
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Cologne Germany, which
means that you
may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the
Federal Republic of Germany, or in the EU country in which you reside.
DISPUTE RESOLUTION
Binding
Arbitration
Any
dispute arising out of or in connection with this contract, including any question regarding its
existence, validity or termination, shall be referred to and finally resolved by the International
Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The
number of arbitrators
shall be 3. The seat, or legal place, of arbitration shall be Cologne, Germany. The language of the
proceedings shall be German. The governing law of the contract shall be the substantive law of
the Federal Republic of Germany.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on
behalf of the general public or any other persons.
Exceptions to
Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of
that court.
CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Site at any time, without prior
notice.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE
SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your
representations and warranties
set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site
with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify us, and you
agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of
it.
USER DATA
We will maintain certain data that you transmit
to the Site for the purpose of managing the performance of the Site, as well as data relating to your
use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we shall have no liability to you for
any loss or
corruption of any such data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications
we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances,
or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
MISCELLANEOUS
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure
to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision
or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does not affect the
validity
and enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of Use or use of the Site. You
agree
that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack
of signing
by the parties hereto to execute these Terms of Use.
CONTACT
US
In order to resolve a complaint regarding the Site or to receive further
information regarding
use of the Site, please contact us at: support@linkfro.com