Terms & Conditions
Effective as of Dec 18, 2019
Welcome to linky (the "Site") and Pocket Linky (the "App") a website and app operated by Cognoscenti Software LLC (the “Company”)
The Site provides a platform where people can publish links and it provides powerful analytics so users can understand who their audience is and where they came from. All of the services that the Site provides are referred to as the "Service."
You will also be asked to create a password. Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.PAID SERVICES
To use the paid Service, you will be charged a fee. This fee is currently collected by Stripe (our "Billing Service Provider"), which has its own legal terms. The Company offers a free 14-day trial. After the free trial, you can sign up for either a Basic or Pro plan, on either a monthly or annual basis. If the Company fails to provide the Service (for example, the Site goes down for a consecutive 24-hour period or more), you can request a pro-rated credit to be applied on the next billing period by contacting billing[at]linky.ai. There are no refunds. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. You can terminate your use of the Service, change your password, and otherwise manage your account using the Site. We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. If you properly terminate your paid account, you will not be charged for future months or years. However, you will not receive a refund for an unused portion of a month or year for which you have already paid.CONTENT AND RESTRICTIONS
You may provide text, links, photos, and/or other material, including third party content (“User Content”) that you share using the Site or Service. Your User Content belongs to you. However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content that you provide through the Site or Service, without any further consent, notice and/or compensation to you or others. Other users may access and share your User Content and information, via the Site or Service, social media, email, and otherwise. If you wish us to remove your User Content from the Site or Service, please send an email to content[at]linky.fm and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.) You are solely responsible for the User Content that you make available via the Site or Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site or Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site or Service is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site or Service.USE OF THE SITE OR SERVICE
You need to be at least 18 years old to use the Site or Service. You hereby affirm we have the right to terminate your account with or without prior notice.USE RESTRICTIONS
Your permission to use the Site or Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- Post or otherwise communicate any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use the Site or Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Site or Service;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Embed content from the Site into other websites unless using the authorized embed feature of the Site;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or Service (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you discover that someone else has posted material belonging to you via the Site or Service without your permission, please note the following.(a) Termination of Repeat Infringer Accounts.
The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site or Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices.
If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at dmca[at]linky.fm:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Service are covered by a single notification, a representative list of such works at the Site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above: Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users.USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site or Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site or Service and special offers. You may opt out of such email by changing your account settings or sending an email to unsubscribe[at]linky.fm.WARRANTY DISCLAIMER
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this LinkyParagraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.COMMUNITY GUIDELINES
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site or Service through final and binding arbitration. Any arbitration will be conducted by theAmerican Arbitration Association(AAA) under its commercial arbitration rules. The arbitration will be held in Los Angeles, California.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at located in the prices page. You may contact us at terms[at]linky.fm. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Last Updated Dec 18, 2019