Terms of Service

Release Date of this Terms of Service: March 07, 2024

Effective Date of this Terms of Service: March 07, 2024

Welcome to use Linky (hereafter referred to as "Linky," "we," "us" or "our") and become our user. Linky operates the application(the “Service”), by accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Platform or using the Service is subject to this Terms of Service, the Privacy Policy and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, this "Agreement"). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact Linky via the information in Section 16.

For information that requires your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.

Material Terms: As provided in greater detail in this Agreement, you acknowledge the following:

l You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

l the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;

l the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

l you have read, understand and consent that our collection, use and disclosure of your personal data will follow the rules in Linky's Privacy Policy;

l we provide the Platform and the Service to you on an "as is" basis without warranties of any kind and Linky's liability to you is limited;

l disputes arising between you and Linky will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 15 below, you and Linky are each waiving the right to a trial by jury or to participate in a class action; and

l If you commit dishonest behaviors, violate the Additional Terms or Post any Objectionable Content on the Service, then we may - but have no obligation to - take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account, removing all of your User Content from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.

1.General Terms and Conditions

(a) Consideration. The different pricing and payment policies may apply to different Services. Subject to the pricing and payment policy in effect at the time you access the App, Linky may provide you with access to the App and/or all or part of the Service free of charge or in consideration of the price as displayed on the page where you need pay to download, purchase, and/or subscribe to the App and/or such Services.

To enjoy the full benefits of the Service, including, without limitation, to have the ability to collect 30 free coins daily, access to more daily card draws, priority in AI avatar creation queues, selection from an expanded range of avatar pictures, the option to create a substantial number of characters, accelerated AI response times for efficient chatting, and an exclusive badge to signify Pro status you must purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms (i)-(iii) apply:

(i) Automatically renewable subscriptions. By purchasing a renewable subscription to the Service as applicable, you agree that, once your subscription expires, your subscription will automatically renew for successive monthly, quarterly or annually periods, as you may select, unless and until you cancel your subscription.

(ii) Recurring charges. You authorize Apple or Google (or either party's service providers), as applicable, to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan at the then-current monthly, quarterly or annually subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. In other words, if your payment is processed for your current subscription on the 20th of each month, then your payment will continue to be processed on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. If your subscription plan is no longer available, your renewable subscription will be automatically terminated and you will not be billed afterwards.

(iii) Cancellation. You may cancel your subscription to the Service at any time by selecting the applicable option within the App Store or Google Play, as applicable. If you want to obtain a refund in connection with any subscription, then you must contact Apple or Google, as applicable. Without limiting Section 11, Linky will have no liability to you whatsoever for any refunds in connection with subscriptions.

(b) No Rights to Compensation. In return for enjoying free or subscription-based access to the Service, you further acknowledge and agree that Linky may generate revenues, increase goodwill or otherwise increase the value of Linky from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.

(c) Changes to this Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates Linky provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1(c), no revisions to this Agreement will apply to any dispute between you and Linky that arose prior to the effective date of such revision.

(d) Privacy Policy. Your access to and use of the Service is also subject to Linky's Privacy Policy（https://support.linke.ai/privacy-policy）, the terms and conditions of which are incorporated herein by reference.

(e) Eligibility. The Service is not for persons under the age of 17 (and not for those under the age of 18 in terms of any paid subscription services and social networking function) or for any Users previously suspended or removed from the Service by Linky. If you are under 17 years of age, you must not use or access the Service without the consent of your parent or legal guardian.

(f) Additional Terms. We also may require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to activities that we run on the Service ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

2.Registration

(a) Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an "Account"). To make it easier to use Linky, you may also choose to register and login to Linky through your account on a third-party platform (e.g., Facebook, Google). In this way, we will create an Account connected to your third party platform account. If you are under 17 years old, you are not authorized to register to use the Services.

(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Linky immediately via the contact information in Section 16 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Linky will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Linky of such unauthorized use or loss of your credentials.

(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Linky requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Linky, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Linky will confirm with you before terminating and deleting your Account connected to this e-mail address. If you provide confirmation, we may terminate your Account immediately without any liability to you or any third party.

(d) Messages. You may be able to send messages to other Users through the App. For Users who have become your friends, there is no limit to the number of messages you can send to them. You represent and warrant that you will indemnify and hold Linky harmless from any and all claims arising out of your sending these messages to any User. You are responsible for all fees and charges associated with such messages. Please note that Linky reserves the right to access Users’ chat data to automatically monitor and screen Objectionable Content.

3.Intellectual Property Rights

(a) User Content Uploaded to the Site. With respect to the content or other materials you upload to or create using the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant Linky to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Linky-related purpose in any form, medium or technology now known or later developed.

(b) Characters and Generations. All intellectual property rights, such as the copyrights and trademark rights relating to the Service and the programs that constitute the Service, belong to Linky. For any automated AI character ("Character") that you create or upload using the Service, Linky own all rights in that Character (including derivative works) and any text, images or video it generates ("Generations") that are elicited directly or indirectly by you. You grant Linky a worldwide, non-exclusive, free, sub-licensable and assignable license to freely utilize all intellectual property rights concerning Characters and Generations created using the Service (including use, reproduction, distribution, creation of derivative works, display, publication, adaptation, making transmittable and demonstration).

(c) Website or Services Content, Software and Trademarks. You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Website or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by Linky from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Linky.

(d) Third Party Material. Under no circumstances will Linky be liable in any way for any content or materials of any third parties, including character bots created by third parties, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Linky does not pre-screen content, but that Linky and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or Services. Without limiting the foregoing, Linky and its designees will have the right to remove any content that violates these Terms, or is deemed by Linky, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

(e) Marks. Linky trademarks, service marks and logos (the "Linky Trademarks") used and displayed on the Service are Linky's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, collectively with Linky Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Linky or the applicable third-party, Linky's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Linky's prior express written consent. All goodwill generated from the use of any Linky Trademark will inure solely to Linky's benefit.

4.User Content

(a) Definition. "User Content" means any content that Users upload, post or transmit (collectively, "Post" to or through the Service including, without limitation, any text, photographs, User Recordings in the form of written work, audio or audio-visual video, and any other works subject to protection under applicable laws, including, but not limited to, patent, trademark, trade secret and copyright laws, and excludes any and all Linky Content.

(b) Screening User Content. Linky offers Users the ability to submit User Content to or transmit through the Service. Linky does not pre-screen any User Content, but reserves the right, with or without notice, to remove, disallow, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content (i) that we consider to violate this Agreement, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users or licensors of any Linky Content or any governmental authorities, with or without notice and without any liability to you. Linky does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will Linky be liable in any way for any User Content, where permissible under applicable laws and regulations.

(c) Intellectual Property Rights. As a condition of your access to and use of the Service, you agree not to use your User Content to infringe on any intellectual property rights. We reserve the rights, with or without notice, at any time and in our sole discretion, to take down, block access to and/or terminate your User Content and/or your account which infringes or is alleged to infringe any copyrights or other intellectual property right.

(d) Licenses to User Content. By submitting User Content on or through the Service, you hereby grant Linky an unrestricted, assignable, sub-licensable, revocable, royalty-free license throughout the worldwide to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, "Use") all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing and promoting Linky and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this Agreement. You further grant Linky a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to Linky, any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to Linky will be considered non-confidential and non-proprietary, and treated as such by Linky, and may be used by Linky in accordance with this Agreement without notice to you and without any liability to Linky.

(e) You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this Agreement; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.

(f) Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

(g) Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force; (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide); (iii) belonging to another person over which you do not have any right; (iv) harming minors in any way; (v) deceiving or misleading the addressee or recipient of such information about the origin of such information; (vi) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation. (vii) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or (viii) infringing any patent, trademark, copyright or other proprietary rights; in each of clauses (i - viii) of this paragraph, as Linky may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm himself or herself or any other person. If you encounter any Objectionable Content on the Service, then please immediately email Linky via the information in Section 16“Contact us” or inform us through the functionality offered on the Service. You acknowledge and agree that Linky provides you with the ability to report Objectionable Content as a courtesy, and Linky has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Linky in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.

(h) Modifications. Linky's Service is interactive. Thus, your User Content may be modified by other Users of the Service without your prior approval. Such modifications may enhance or detract from your User Content and you. You acknowledge and agree that other Users of the Service may so modify your User Content at any time following submission thereof and assume the risks related thereto.

(i) No Liability. For the avoidance of doubt, Linky will not be liable for any unauthorized use of User Content by any User.

5.Restrictions on Use of the Service

(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):

(1) make unauthorized copies of any content made available on or through the Service;

(2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;

(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;

(4) delete or alter any material Linky or any other person or entity Posts on the Service without authorization;

(5) frame or link to any of the materials or information available on the Service;

(6) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;

(7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to Linky or obtained from the Service;

(8) access, tamper with or use non-public areas of the Service, Linky's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of Linky's providers;

(9) provide any false personal information to Linky;

(10) create a false identity or impersonate another person or entity in any way;

(11) create a new account with Linky, without Linky's express written consent, if Linky has previously disabled an account of yours;

(12) solicit, or attempt to solicit, personal information from other Users of the Service;

(13) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;

(14) use the Service to send emails or other communications to persons who have requested that you not send them communications;

(15) use the Service, without Linky's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(16) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;

(17) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;

(18) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;

(19) post any Objectionable Content and/or any User Content in breach of the Community Guideline; or

(20) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.

(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Linky with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Linky, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.

6.External Sites

The Service may contain links to or the ability to share information with third party websites ("External Sites"). Linky does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Linky is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Linky will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.

7.Feedback

While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Linky, you agree that:

(a) Linky has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;

(b) Feedback is provided on a non-confidential basis, and Linky is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

(c) You irrevocably grant Linky perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

8. Recharge

The following terms apply to the extent permitted by law:

(a) Coins. Linky may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Coins or other virtual currency exclusively within the Service (“Coins”). Coins can only be used in connection with the Service as permitted by Linky and you may view your balance of Coins at any time in your personal profile. Once redeemed for consumption, Coins will be deducted from your account balance and cannot be used again. In the event of any dispute, Linky shall have the final determination over the calculation of your Coins account balance. Linky may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by Linky in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that Linky has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that Linky will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the Website or any other terminology used by Linky, Coins have no monetary or “real world” value and can only be used with the Service. Coins may not be redeemed or exchanged for “real” currency or any legal tender out of the Service. Linky reserves the right to revoke the licenses to them, at any time without notice.

(b) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Coins. Unless authorized in the Service, Linky prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless Linky expressly pre-approves the applicable event in writing. Coins are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. Linky may revise the pricing for Coins, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Coins will automatically terminate and you will lose access to applicable Coins permanently. If Linky reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins, Linky reserves the right to restrict your access to and use of Coins or the Service. If you violate this Section, then other than the termination rights already mentioned, Linky may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that Linky incurs in connection with the violation.

You acknowledge that you have no ownership or other property interest in the Coins, and that you will not receive money or other compensation for unused Coins when an Account is closed or terminated, whether the applicable closure was voluntary or involuntary.

9.Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

(a) Respect of Third Party Rights. Linky respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.

(b) Repeat Infringer Policy. Linky's intellectual property policy is to (i) remove or disable access to material that Linky believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers”. Linky considers a “repeat infringer” to be any User that has uploaded User Content or Feedback to or through the Service and for whom Linky has received more than two takedown notices with respect to such User Content or Feedback. Linky has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon Linky’s own determination.

(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please promptly send a report (“Notification of Claimed Infringement”) which contains the following information to the Designated Agent identified below in subparagraph (e) under this Section 10 by email. Your Notification of Claimed Infringement may be shared by Linky with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to Linky making such disclosure. Your communication must include substantially the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

(2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

(3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Linky to locate the material;

(4) Information reasonably sufficient to permit Linky to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

(d) Upon receiving notification in the manner prescribed above, Linky may disable access to or remove such infringing content.

(e) Designated Agent Contact Information. Linky's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted via E-mail at [e-mail].

(f) Counter Notification. If you receive a notification from Linky that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Linky with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to Linky's Designated Agent and include substantially the following information:

(1) A physical or electronic signature of the subscriber;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(4) The subscriber's name, address and telephone number, and a statement that the subscriber will accept service of process from the person who provided notification under Section 10 (c) above or an agent of such person. A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the applicable copyright laws.

(g) Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Linky in response to a Notification of Claimed Infringement, then Linky will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Linky will replace the removed User Content or Feedback or cease disabling access to it , and Linky will replace the removed User Content or Feedback and cease disabling access to it not less than 20 nor more than 30 business days following receipt of the Counter Notification, unless Linky's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Linky's system or network.

(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Linky relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Linky reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable laws.

10.Limitation of Liability and Disclaimer of Warranties

The following terms in this Section apply to the fullest extent permitted by law:

(a) Linky, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the "Linky Parties") make no warranties or representations about the Service and any content (including gifts) available on the Service, including, but not limited to, the accuracy, reliability, completeness appropriateness, timeliness or reliability thereof. The Linky Parties will not be subject to liability for the truth, accuracy or completeness of any content on the Service or any other information conveyed to any User, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a User, you agree that you use the Service and any content thereon at your own risk. You are solely responsible for all content you upload to the Service.

(b) The Linky Parties do not warrant that the Service will operate error free, or that the Service and any content thereon (including gifts) are free of computer viruses or similar contamination or destructive features. If your use of the Service or any content thereon results in the need for servicing or replacing equipment or data, no Linky party will be responsible for those costs.

(c) The Service and all content thereon (including gifts) are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, the Linky Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.

(d) In no event will any Linky party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Linky Party has been advised of the possibility of such damages. Linky's liability, and the liability of any other Linky Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us for any gifts and U.S. $100.

(e) You specifically acknowledge that Linky shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

(f) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.

11.Third Party Disputes

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the Linky Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12.Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Linky Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of Linky Content or the Service; or (c) your User Content. Linky will provide notice to you of any such claim, suit or proceeding. Linky reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Linky believes that you are unwilling or incapable of defending Linky's interests. In such case, you agree to cooperate with any reasonable requests assisting Linky's defense of such matter at your expense.

13.Term and Termination

(a) Term. As between you and Linky, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or Linky

(b) Termination. You may terminate this Agreement by sending written notification to Linky via the contact information in Section 16, deleting the App from your mobile device and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this Agreement. Linky reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party copyright owner of works. Linky may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address associated with your account credentials. Linky reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.

14.Consent to Electronic Communications

By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15.Miscellaneous

(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. By accepting this Agreement, you and Linky agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Linky agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and Linky as a result of this Agreement or use of the Service.

(c) You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Linky other than pursuant to this Agreement.

(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

(e) Failure of Linky to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Linky unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.

(f) Except as expressly agreed by Linky and you, this Agreement constitutes the entire agreement between you and Linky with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.

(g) The Section headings are provided merely for convenience and will not be given any legal import.

(h) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Linky. Linky may assign this Agreement, including all its rights hereunder, without restriction.

(i) If Linky provides a translation of the English language version of this Agreement, the English version will prevail.

(j) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.Contact Us

If you would like to contact us in connection with your use of the Service, then please refer to the contact information below by email:

Email: [e-mail]