The Linkens site, extension, app, or any public facing piece of technology shall be referred to collectively as the “Platform”.
This is an agreement between Linkens, the owner and operator of www.Linkens.io and any services offered via the Linkens Platform and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “Linkens,” “us,” “we,” and “our,” refer to our company, Linkens, as is appropriate in the context of the use of the words.
Login and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. In order to complete your sign-up, we may require you to agree to Additional Agreements (defined below). Upon sign-up Linkens may assign you a username and password where required. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Linkens immediately of any unauthorized use of your account or any other breach of security. Linkens will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Linkens or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. All users must be over the age of 18 and have the legal capacity to enter into a binding agreement. We reserve the right to restrict or refuse sign-up for any users of the Platform for any reason whatsoever.
Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
In order to access some portions of the Platform or some services offered via the Platform, you may be required to agree and execute a services agreement or other relevant agreements (collectively “Additional Agreements”) as required by Linkens. The Additional Agreements should be read in conjunction with this Agreement and may obligate you to additional responsibilities when using the Platform. If you wish to learn more about any Linkens services, please contact us at [email protected]
Third Party Links
The Platform may contain links to third party web sites that are not owned or controlled by Linkens. Linkens has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites. In addition, Linkens will not and cannot censor or edit the content of any third-party Platform. By using the Platform, you expressly relieve Linkens from any and all liability arising from your use of any third-party web site.
By accepting this Agreement, we grant you a personal, non-exclusive, revocable, limited license to access our Platform as provided by us. This license is subject to your compliance with this Agreement and any other Additional Agreements. Please be aware that this license does not grant you any ownership interest in any portions of the Platform or to any copyrighted content found on the Platform. Such copyrights and intellectual property rights are owned solely by Linkens or its third party licensors. Subject to anything to the contrary in this Agreement or any other Additional Agreements, we may revoke your license to access the Platform at any time and without notice.
Your Conduct While Using the Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the Linkens Platform made using your account. You agree to abide by the following rules of conduct: You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform; You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform; You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You agree not to use the Platform to stalk, harass, bully or harm another individual; You agree that you will not hold Linkens responsible for your use of the Platform; You agree not to violate any requirements, procedures, policies or regulations of networks connected to Linkens; You agree not to interfere with or disrupt the Platform; You agree to not violate any federal or state laws within the US while using the Platform; and You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing. If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Linkens reserves the right to suspend or terminate any account at any time without notice or explanation.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. You are solely responsible for any User Content submitted to the Platform. When you submit any User Content to us, you grant Linkens, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. Additionally, you agree that Linkens may use User Content, in an aggregated form from which all personally identifiable information has been removed, for purposes of benchmarking system performance, preparing statistics and system metrics, marketing, and other purposes.
The name “Linkens,” the design of the Linkens Platform along with Linkens created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks, and logos contained therein (“Marks”), are owned by or licensed to Linkens. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Linkens reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform or Platform unless we have given you express written permission.
You agree that we may charge your selected method of payment at the time of checkout for any services offered on the Platform. Your credit card information will be shared with our third party payment processor. By purchasing anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Platform.
In order to use and access portions of the Platform, you may be required to pay a monthly fee as listed on the Platform. You agree to pay the monthly fee listed on the Platform upon sign-up. Please be aware that our fees are billed monthly. YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A MONTHLY BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY EACH MONTH.
You may cancel your use of the Platform and any services offered at any time by contacting us at [email protected] Please be aware that upon termination of your account, access to portions of our Platform may become immediately disabled and any User Content stored on the Platform may be deleted immediately. Upon termination, you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your account if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; (3) after you have used any and all credits purchased via the Platform; or (4) if we believe that any of your actions may harm Linkens, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Although we aim to provide you accurate data and content through the Platform, please be aware that our Platform and any information found within it are offered “as-is” and with all faults. While we strive to provide a great user experience for all of our users, Linkens assumes no responsibility for the temporary unavailability of the Platform or the timeliness, transport, outage, deletion, failure to deliver or failure to store/retrieve any user commands, data, communications, or personalization settings in connection with Linkens. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. Unless otherwise stated, you agree to release us from any liability that we may have to in relation to your use of our Platform.
Limitation of Liability; Representations and Warranties
We try to keep our Platform safe, secure and properly functioning, but we cannot guarantee the continuous operation of or access to our Platform. You agree that you are making use of our Platform at your own risk and that they are being provided to you on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, freedom from viruses. To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Platform or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. WHERE ALLOWED OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED One-hundred dollars (USD) or the total amount you have paid to us within the past three months, whichever is greater. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Linkens’ negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless Linkens, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Linkens Platform; your violation of any term of this Agreement; or any claim that your use of the Platform harmed a third party. This defense and indemnification obligation will survive this Agreement and your use of the Linkens Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
PS: The end-user is responsible for ensuring fair use of this product, is in accordance with any third party rules and regulations. Your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Limitation Of Liability
In no event shall Linkens, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Linkens is in no way affiliated or connected with any other organization or party. By using www.linkens.online, you agree that Linkens holds no responsibility for any losses or liabilities incurred, including the imposition of restrictions, penalties by third parties including platform providers like LinkedIn.
The Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
Class Action Waiver
You and Linkens agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Linkens are deemed to conflict with each other’s operation, you agree that Linkens shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
The communications between you and Linkens use electronic means, whether you visit the Platform or send Linkens e-mails, or whether Linkens posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Linkens in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Linkens provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.