Terms of service
Linklo.cc offers tools to share files securely and safely.
Your use of and access to our services, software, website(s) (located at https://linklo.cc),
and/or applications (“Services”) are governed by these Terms of service (“Terms”).
The Services may be provided to you online, in the form of a mobile, desktop application(s) and
may be integrated in a third-party service.
The Services allow you to upload, submit, store, share, receive, collect, capture, visualize of
your ideas, designs, texts, graphics, videos, data, information, files, presentation decks or
other content, including permitted and authorized third party content used by you (“Content”).
You retain all rights in- and responsibility and liability for all Content. Linklo.cc does not
claim ownership of your Content.
The Services are provided to you as the user of the Services by Cumuni Ltd (“Cumuni”, “We, “us”, or “our”), which operates the brand “Linklo.cc“, with its main office at 124 City Road, London EC1V 2NX,
registered by Companies House UK.
BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THESE TERMS BY CLICKING ON THE “I
ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING
MOBILE AND/OR DESKTOP APPLICATION(S), YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD; (3) YOU ARE NOT
BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, THE UK, YOUR PLACE OF
RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO
THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON
BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING
INTO THESE TERMS IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THESE TERMS WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND
BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
FOR ALL OF OUR US USERS: UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN CLAUSE
17) WITHIN 30 DAYS IN ACCORDANCE WITH THE TERMS LAID OUT IN "ARBITRATION AGREEMENT" SUBCLAUSE 10
in (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND
SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES
OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Applicability
- You are only allowed to use the Services when aged 18 or older.
- Please read Terms and the Notice and Take Down Policy (“NTD Policy”) carefully. To the use of
personal data and cookies in relation to the Services our Privacy & Cookie Statement applies.
- If the Services include, are used in connection with, or are integrated in the services of
third parties, the terms and conditions, notice and take down policies and/or privacy and
cookie policies of those third parties may apply in addition to these Terms. If you are using
the Services on behalf of your employer or another organization, you are agreeing to the terms
of that organization and you represent and warrant that you have the authority to do so.
Linklo.cc is not responsible for any third party services, terms and/or policies.
- If you want to file a complaint or notice about unlawful Content being stored or shared via
the Services or the Linklo.cc API, please read our NTD Policy.
- If you become aware of a vulnerability in any of the Services, please read our Responsible
Disclosure Policy.
- Linklo.cc can amend the Terms from time to time. The amended Terms will become effective upon
them being posted on Linklo.cc’s website(s) mobile and/or desktop application(s), or at such
later date as may be stated on the amended Terms. Therefore, we recommend that you review the
Terms from time to time and take note of any changes. By continuing your use of the Services
you accept the amended Terms. In case of material changes to the Terms, you will be informed
prior to the change: (i) at the moment you use the Services, or (ii) by a message to the
contact details you provided to us, or (iii) by a posting of the notice of the change on
Linklo.cc’s website(s) and/or on Linklo.cc’s mobile and/or desktop application(s).In the event
you do not accept any change in our Terms you may cancel your subscription. Where a user has
paid for a subscription package in advance you shall receive a pro-rated refund for the
remainder of your subscription package from the date at which the rejected amended Terms come
into effect.
- These Terms supersede any and all prior oral and written quotations, terms, communications,
agreements and understandings between you and Linklo.cc.
Linklo.cc file sharing
- Linklo.cc File Sharing allows you to share your Content with others.
- To share your Content you need to upload it and distribute a download link yourself (“link
transfer”). Linklo.cc reserves the right to limit downloads and/or attempted downloads by
users for all File Sharing activity.
- Linklo.cc File Sharing provides the possibility to upload and share Content up to a maximum
total capacity. Uploaded Content is stored on Linklo.cc’s servers for a limited period of time
after which the ability to download expires. Depending on the transfer type and your
subscription, limitations apply.
- After the expiry period Linklo.cc will permanently delete the uploaded files. These files will
not be available nor retrievable anymore.
- The basic functionality of Linklo.cc File Sharing is (currently) free from charge.
- Linklo.cc treats Content as confidential and does not control the use of download links,
regardless of whether they are originally distributed by us or by you. Recipients can forward
the links and allow others to use them. You are solely responsible for the Content you upload
and share.
- There are a number of additional paid services that offer more functionality than the basic
version. These include the ability to password protect files, upload larger files (up to 1TB)
and verify the age of a recipient via our partner Yoti.
- Linklo.cc reserves the right to permanently delete Content from your account when you stop
interacting with Linklo.cc for a period of at least 12 consecutive months, when you delete
your Content from your account, when you cancel your Linklo.cc payments (or are overdue) or
when you delete your account. Full payment of applicable fees is considered to be active use
of your account. For more information on Linklo.cc’s data retention policy, please read our
Privacy Policy.
Payment conditions
- If you use a paid Service, the billing period will be monthly from the time you first register
your payment details.
- Charges are accrued on download of files (which includes initiating a download by clicking the
download link), by anyone who isn't the logged in file owner.
- Linklo.cc uses Stripe, Inc. and its affiliates as its third-party service providers for
payment services (e.g., card acceptance, merchant settlement, and related services) (each a
“Third-Party Service Provider”). If you make a purchase on the Services, you will be required
to provide your payment details and any additional information required to complete your order
directly to one of our Third-Party Service Providers. You agree to be bound by Stripe’s
Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms and
Conditions (currently accessible at https://stripe.com/ssa ) and hereby consent and authorize
Linklo.cc and the relevant Third- Party Service Provider to share any information and payment
instructions you provide, to the minimum extent required to complete your transactions.
- Please note that online payment transactions may be subject to validation checks by our
Third-Party Service Providers and your card issuer, and we are not responsible if your card
issuer declines to authorize payment for any reason. For your protection, our Third-Party
Service Providers use various fraud prevention protocols and industry standard verification
systems to reduce fraud and you authorize it to verify and authenticate your payment
information. Your card issuer may charge you an online handling fee or processing fee. We are
not responsible for this. In some jurisdictions, our Third-Party Service Providers may use
third parties under strict confidentiality and data protection requirements for the purposes
of payment processing services.
- You shall pay all fees or charges to your account in accordance with the fees, charges and
billing terms in effect at the time a fee is due and payable. By providing Linklo.cc with your
payment information, you agree that Linklo.cc is authorized to immediately invoice your
account for all fees due and payable to Linklo.cc hereunder and that no additional notice or
consent is required. You shall immediately notify Linklo.cc of any change in your payment
information to maintain its completeness and accuracy. You agree to have sufficient funds or
credit available upon placement of any order to ensure that the purchase price is collectible
by us.
- Upon invoicing, if Linklo.cc does not receive payment, (i) you shall pay all amounts due on
your account upon demand and/or (ii) you agree that Linklo.cc may either terminate, cancel or
suspend your usage and continue to attempt to charge your designated payment method until
payment is received (upon receipt of payment, your account will be activated and for purposes
of continued usage, your new invoicing period will begin as of the day payment was received).
Termination, cancellation or suspension of the Services for non-payment can result in a loss
of access to and use of your account and your Content.
- We may introduce or change the fees for the Services from time to time, for which we will give
you advance notice. If you do not agree with the price change, you may cancel your account and
stop using the Services by the end of the then-current Service term. If you continue to use
the Services after the price change goes into effect, you agree to pay the changed price. Fee
introductions will require your prior consent and registration.
- You can change your payment method in your account settings.
Content ownership, permissions and responsibility
- Linklo.cc does not claim any ownership of the Content you create, use, store or share through
the Services and you are solely responsible for it. Also, you are solely responsible for
sharing it with the correct recipients. Any liability for damages relating to the Content lies
with the individual that creates, uses, stores and/or shares it within the Services. You
acknowledge that download and/or access links can be forwarded and that recipients having
access to such links, can access the Content it’s connected with.
- Some of the Services allow you to protect Content or transfers with a password. The user is
solely responsible for the confidentiality and/or the distribution of passwords.
- Some of the services allow you to verify the age of recipients, Linklo.cc is not responsible
for the accuracy of the age verification service on offer.
- Linklo.cc uses Yoti, Ltd. and its affiliates as its third-party service providers for age
verification and identity services. You agree to be bound by Yoti’s Privacy Policy (currently
accessible at www.yoti.com/privacy/) and its
Terms and Conditions (currently accessible at
www.yoti.com/terms/
) and hereby consent and authorize Linklo.cc and the relevant Third- Party Service Provider to
share any information, to the minimum extent required to complete the Service.
- By using the Services you warrant that you have, for any Content you create, use, store or
share using the Services, all required permissions (including from copyright and other
intellectual property rights owners) to distribute, sub- license, transfer, store and/or make
the Content online available as part of the Services.
- Linklo.cc is not liable to you or any third party for any damages arising out of or in
relation to the Content created, used, stored or shared by you within the Services, including
but not limited to, copyright protected works and/or trademarks.
- Linklo.cc requires a license from you with regards to the Content to enable us to provide the
Services to you. You hereby grant: (1) us an unlimited, worldwide, royalty-free,
sublicensable, and transferable license to (i) use, host, store, scan, search, sort, index,
create previews and (ii) reproduce, communicate, publish, publicly display, distribute and
edit and prepare derivative works from (including but not limited to scaling, cropping,
adapting and translating) the Content in connection with our operating, enabling, providing,
making available, commercializing and improving the Services and (2) other users the right to
access and use your Content in accordance with their use of the Service. The foregoing license
may be sublicensed by us to our service providers, partners, contractors and other persons and
entities providing services for us. Notwithstanding any term of this provision, this license
will survive any termination of these Terms and any deletion of your account or your Content
with respect to Content archived in storage media (but otherwise rendered inaccessible to the
public).
- Linklo.cc does not provide any public search function, catalogue or listing to find Content.
- More information on the use of your personal data and cookies (including for performance
marketing) is available in our Privacy Policy.
Restrictions
- Linklo.cc respects your rights and expects that you respect those of others, including
Linklo.cc, its artists, advertisers and third parties. This includes respecting the right to
privacy, corporate intelligence, business secrets and intellectual property rights, such as
trademarks, copyrights, trade names and logos. You agree not to use the Services to commit,
promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or
facilitate or promote others to do so.
- As a condition to make use of the Services you agree not to create, use, store or share any
Content that:
- features CSAI (child sexual abuse imagery);
- is defamatory, libelous, slanderous, profane, discriminating, threatening, abusive,
harmful, or unlawful;
- promotes racism, violence or hatred;
- is factually inaccurate, false, misleading, misrepresenting or deceptive;
- you don’t hold the rights to;
- infringes, violates or misappropriates intellectual property rights, privacy rights,
including data protection rights, and/or any other kind of rights;
- infringes on or violates any applicable law or regulation; and/or
- constitutes ‘hate speech’, whether directed at an individual or a group, and whether based
upon the race, sex, creed, national origin, religious affiliation, sexual orientation,
language or another characteristic of such individual or group.
- In addition, you agree not to:
- abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or
encourage anyone else to do so;
- use the Services with the purpose of or involving activities with, in, or involving
countries, regions, governments, persons, or entities that are the target of U.S. or EU
sanctions, unless such activities are expressly authorized, whether by general or specific
license or a license exception, by the applicable governmental authority;
- impersonate or falsely pretend affiliation with any person or entity;access any non-public
areas of the Services;
- access any non-public areas of the Services;
- interfere with any access or use restrictions;
- use any data mining or data gathering or extraction methods, or otherwise collect
information about the users of the Services;
- send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing
emails, unsolicited messages, promotions or advertisements of any kind and for any
purpose;
- interfere with, damage or disrupt the Services or act in a way that may do so;
- attempt to probe, scan, compromise or test the vulnerability of the Services or any
related service, system or network or breach any security or authentication, unless you do
so in accordance with our Responsible Disclosure Policy;
- use automated means to access or use the Services without our permission;
- reverse engineer or decompile any (part) of the Services;
- resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our
permission; and/or
- allow others to use your account.
- By using the Services, you represent and certify that you are not the target of any economic
sanctions administered by the U.S. Government, the Dutch Government, the European Union, or
other governmental authority (collectively, “Governmental Authority”), including designation
on a list of prohibited or restricted parties maintained by such governmental authorities. You
also represent and certify that you are not located or maintain a residence in a country or
territory that is subject to an embargo by a Government Authority, including Cuba, Iran, North
Korea, Syria and the Crimea. You are solely responsible for compliance with all applicable
laws and you will not use the Services for any purposes prohibited by U.S., UK, European
Union, or other applicable laws.
- Linklo.cc may use human and automated means to detect or receive reports of suspected
violations of these terms, the Content Moderation Policy, and applicable law and regulations.
Violations
- In the event of any suspected violation of these terms, the Content Moderation Policy or
applicable laws or regulations, Linklo.cc reserves the right to investigate. While Linklo.cc
investigates, it may temporarily block Content, review the Content or suspend (your) access to
the Services or certain features of the Services. Subsequently, based on the results,
Linklo.cc may decide to temporarily or permanently terminate your account or your access to
(certain) features of the Services. In any such event, Linklo.cc may also (be obligated to)
provide your Content or information to third parties. More information is available in our
Notice and Takedown Policy and Content Moderation Policy.
Intellectual property rights
- All intellectual property rights and/or similar rights on the Services (including the
software, wallpapers, WePresent content, photography, graphic design, typography, portraits,
logos, trademarks, trade names, domain names, copyrights and patents) are vested in Linklo.cc
and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute,
decompile, or reverse engineer any of it in any way.
- Linklo.cc is not responsible or liable for third party content published within the Services,
in-ad links to external websites or the content, products or services offered on external
websites. You acknowledge and accept that all use outside the Services is at your own risk.
- You will always respect and observe the good name and reputation of Linklo.cc and ensure that
your use of the Services will in no way prejudice any rights and/or the good name and
reputation of Linklo.cc and its licensors.
Disclaimer, termination and account registration
- Linklo.cc provides the Services “AS-IS”, without any warranty of any kind. Without limiting
the foregoing, Linklo.cc explicitly disclaims any warranties of merchantability, fitness for a
particular purpose and non-infringement. Linklo.cc makes no warranty that the Services are
available on an uninterrupted, secure or error-free basis. Your use of the Services is at your
own risk. You acknowledge and agree that Linklo.cc is not responsible for any damages to the
computer system or mobile device of you or any third party that result from the use of the
Services and is not responsible for any failure of the Services to store, transfer or delete a
file or for the corruption or loss of any data, information or Content contained in a file.
- To the extent permissible under local mandatory law, Linklo.cc may change, terminate or expand
its Services and site from time to time and reserves the right to limit access to or eliminate
any features or functionality of the Services in its own discretion, without giving prior
notice. We will use reasonable efforts to give you notice of any major changes in our Services
including cancellation, upgrades, downgrades and where applicable, refunds of payments.
- Some of the Services require you to register and provide us with data such as your email
address, password and/or payment details. You must ensure that these are accurate and keep
them updated in your account settings. You are responsible for any activity from or by your
account, so you should not share your password and you should protect it carefully. Should
registrations or account data appear to be misused, Linklo.cc reserves the right to delete the
account. Linklo.cc is not liable for any loss or damage arising from the unauthorized use of
your account.
- Notwithstanding the foregoing, it is Linklo.cc’s policy to terminate membership privileges of
any user who repeatedly infringes copyright, trademark, or other intellectual property rights
upon prompt notification to Linklo.cc by the respective intellectual property owner or their
legal agent. Without limiting the foregoing, if you believe that your work has been copied and
posted on the Service in a way that constitutes intellectual property rights infringement,
please provide us with the following information: (i) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright, trademark, or other
intellectual property right; (ii) a description of the copyrighted work, trademark, or other
intellectual property right that you claim has been infringed; (iii) a description of the
location on the Service of the material that you claim is infringing; (iv) your address,
telephone number, and email address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright, trademark, or other
intellectual property right owner, its agent or the law; and (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate and that you
are the copyright, trademark, or other intellectual property right owner or authorized to act
on the copyright, trademark, or other intellectual property right owner’s behalf. You can send
this information to us via [email protected]
Indemnity and Liability
- You will defend, indemnify and hold harmless Linklo.cc (including its employees and
affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses
and expenses (including legal and accounting fees), arising out of or in any way connected
with your access to or use of the Services or your breach of these Terms, including any third
party claims that Content created, used, stored or shared using the Services by you or through
your account, infringe or violate any third party rights.
- The Services may provide integration with third-party services. You acknowledge that: (i)
Linklo.cc is not responsible for any acts or omissions, terms and/or policies of such
third-party services; (ii) that Linklo.cc is not an agent of such third-party services; and
(iii) your use of those services is subject to any applicable terms and conditions between you
and the providers of such services.
- To the extent permissible under local mandatory law, Linklo.cc is not liable for any damage or
personal injury resulting from any use of the Services, including any (temporary)
unavailability or (accidental) removal of your Content or account. The limitation of liability
referred to in this clause shall not apply if the liability for damage caused by intent or
gross negligence on the part of Linklo.cc. In the event Linklo.cc is liable for damage under
mandatory law, Linklo.cc’s aggregate liability to you - to the extent permissible under local
mandatory law - for any and all claims arising out of or in connection with the use of the
Services will in no event exceed the greater amount of (i) one hundred dollars ($100) per
incident or (ii) the fees paid by you in the month of the occurrence giving rise to the
liability.
Waiver, Severability & Assignment
- Linklo.cc’s failure to enforce a provision is not a waiver of its right to do so later.
- If any (part of a) provision of these Terms is found to be illegal, unenforceable or otherwise
invalid, then (i) the rest of the Terms will remain in full force and effect to the extent
permissible under or consistent with the relevant laws; and (ii) that part will be deemed to
be deleted and substituted by a valid one which in its economic effect comes closest to the
invalid part.
- You may not assign any of your rights or obligations under these Terms. Linklo.cc is at any
time entitled to assign its rights and obligations under these Terms to any of its affiliates
or subsidiaries, or to any successor or assign (whether direct or indirect, by purchase,
merger, consolidation or otherwise)without your consent or any other restriction.
Arbitration agreement
- Applicability of Arbitration Agreement. This applies to US residential users only. Subject
to the terms of this Arbitration Agreement, you and Linklo.cc agree that any dispute, claim, disagreements
arising out of or relating in any way to your access to or use of the Services, any communications
you receive, or the Terms and prior versions of the Terms, including claims and disputes that arose
between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding
arbitration, rather than in court, except that: (i) you and Linklo.cc may assert claims or seek
relief in small claims court if such claims qualify and remain in small claims court; and (ii)
you or Linklo.cc may seek equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and
patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that
arose or involve facts occurring before the existence of this or any prior versions of the Terms
as well as claims that may arise after the termination of these Terms.
- Informal Dispute Resolution. There might be instances when a Dispute arises between you
and Linklo.cc. If that occurs, Linklo.cc is committed to working with you to reach a
reasonable resolution. You and Linklo.cc agree that good faith informal efforts to resolve
Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Linklo.cc
therefore agree that before either party commences arbitration against the other (or initiates
an action in small claims court if a party so elects), we will personally meet and confer
telephonically or via videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but
you will also participate in the conference. The party initiating a Dispute must give notice
to the other party in writing of its intent to initiate an Informal Dispute Resolution
Conference (“Notice”), which shall occur within 45 days after the other party receives
such Notice, unless an extension is mutually agreed upon by the parties. Notice to Linklo.cc
that you intend to initiate an Informal Dispute Resolution Conference should be sent by email
to
[email protected] or regular mail to our offices
located at 124 City Road, London EC1V 2NX. The Notice must include: (i) your name, telephone number,
mailing address, email address associated with your account (if you have one); (ii) the name,
telephone number, mailing address and e‐mail address of your counsel, if any; and (iii) a
description of your Dispute. The Informal Dispute Resolution Conference shall be
individualized such that a separate conference must be held each time either party initiates a
Dispute, even if the same law firm or group of law firms represents multiple users in similar
cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate
in the same Informal Dispute Resolution Conference unless all parties agree. In the time
between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing
in this Arbitration Agreement shall prohibit the parties from engaging in informal
communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute
Resolution Conference is a condition precedent and requirement that must be fulfilled before
commencing arbitration. The statute of limitations and any filing fee deadlines shall be
tolled while the parties engage in the Informal Dispute Resolution Conference process required
by this clause.
- Waiver of Jury Trial. YOU AND LINKLO.CC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS
TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Linklo.cc are instead electing
that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as
specified in the subclause entitled “Applicability of Arbitration Agreement” above. There is no
judge or jury in arbitration, and court review of an arbitration award is subject to very limited
review.
- Waiver of Class and Other Non-Individualized Relief. YOU AND LINKLO.CC AGREE THAT, EXCEPT
AS SPECIFIED IN SUBCLAUSE 9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL
BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL
RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS,
COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended
to, nor shall it, affect the terms and conditions under the subclause 9 entitled “Batch Arbitration.”
Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means
of a final decision, not subject to any further appeal or recourse, that the limitations of this
subclause, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable
as to a particular claim or request for relief (such as a request for public injunctive relief),
you and Linklo.cc agree that that particular claim or request for relief (and only that particular
claim or request for relief) shall be severed from the arbitration and may be litigated in the
state or federal courts located in the State of California. All other Disputes shall be arbitrated
or litigated in small claims court. This subclause does not prevent you or Linklo.cc from participating
in a class-wide settlement of claims.
- Rules and Forum. The Terms evidence a transaction involving interstate commerce; and
notwithstanding any other provision herein with respect to the applicable substantive law, the
Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement
of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute
Resolution Process described above does not resolve satisfactorily within 60 days after
receipt of your Notice, you and Linklo.cc agree that either party shall have the right to
finally resolve the Dispute through binding arbitration. The arbitration will be administered
by the American Arbitration Association (“AAA”), in accordance with the Consumer
Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this clause
of this Arbitration Agreement. The AAA Rules are currently available at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for
arbitration (the “Request”). The Request must include: (i) the name, telephone number,
mailing address, e‐mail address of the party seeking arbitration and the account username (if
applicable) as well as the email address associated with any applicable account; (ii) a
statement of the legal claims being asserted and the factual bases of those claims; (iii) a
description of the remedy sought and an accurate, good‐faith calculation of the amount in
controversy in United States Dollars; (iv) a statement certifying completion of the Informal
Dispute Resolution process as described above; and (v) evidence that the requesting party has
paid any necessary filing fees in connection with such arbitration. If the party requesting
arbitration is represented by counsel, the Request shall also include counsel’s name,
telephone number, mailing address, and email address. Such counsel must also sign the Request.
By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and
belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is
not being presented for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal
contentions are warranted by existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the factual and
damages contentions have evidentiary support or, if specifically so identified, will likely
have evidentiary support after a reasonable opportunity for further investigation or
discovery. Unless you and Linklo.cc otherwise agree, or the Batch Arbitration process
discussed in subclause 9 is triggered, the arbitration will be conducted in the county where
you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable
exchange of information between the parties, consistent with the expedited nature of the
arbitration. If the AAA is not available to arbitrate, the parties will select an alternative
arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth
in the applicable AAA Rules.
- You and Linklo.cc agree that all materials and documents exchanged during the arbitration
proceedings shall be kept confidential and shall not be shared with anyone except the parties’
attorneys, accountants, or business advisors, and then subject to the condition that they
agree to keep all materials and documents exchanged during the arbitration proceedings
confidential.
- Arbitrator.The arbitrator will be either a retired judge or an attorney licensed to
practice law in the state of California and will be selected by the parties from the AAA's
roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator
within 35 days of delivery of the Request, then the AAA will appoint the arbitrator in
accordance with the AAA Rules, provided that if the Batch Arbitration process under subclause
9 is triggered, the AAA will appoint the arbitrator for each batch.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any
Dispute, including, without limitation, disputes arising out of or related to the
interpretation or application of the Arbitration Agreement, including the enforceability,
revocability, scope, or validity of the Arbitration Agreement or any portion of the
Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating
to the subclause entitled “Waiver of Class and Other Non-Individualized Relief,”
including any claim that all or part of the subclause entitled “Waiver of Class and Other
Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subclause
entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall
be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as
expressly contemplated in the subclause entitled “Batch Arbitration,” all Disputes
about the payment of arbitration fees shall be decided only by a court of competent
jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has
satisfied any condition precedent to arbitration shall be decided only by a court of competent
jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the
Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and
not by an arbitrator. The arbitration proceeding will not be consolidated with any other
matters or joined with any other cases or parties, except as expressly provided in the
subclause entitled “Batch Arbitration.” The arbitrator shall have the authority to
grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written
award and statement of decision describing the essential findings and conclusions on which the
award is based, including the calculation of any damages awarded. The award of the arbitrator
is final and binding upon you and us. Judgment on the arbitration award may be entered in any
court having jurisdiction.
- Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in
arbitration unless the arbitrator finds that either the substance of the Dispute or the relief
sought in the Request was frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Linklo.cc need to invoke
the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains
an order compelling arbitration in such action shall have the right to collect from the other party
its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing
an order compelling arbitration. The prevailing party in any court action relating to whether either
party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution
Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable
attorneys’ fees and costs.
- Batch Arbitration. To increase the efficiency of administration and resolution of
arbitrations, you and Linklo.cc agree that in the event that there are one hundred (100) or
more individual Requests of a substantially similar nature filed against Linklo.cc by or with
the assistance of the same law firm, group of law firms, or organizations, within a thirty
(30) day period (or as soon as possible thereafter), the AAA shall (i) administer the
arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less
than 100 Requests left over after the batching described above, a final batch consisting of
the remaining Requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the
resolution of each batch as a single consolidated arbitration with one set of filing and
administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a
place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of
or relate to the same event or factual scenario and raise the same or similar legal issues and
seek the same or similar relief. To the extent the parties disagree on the application of the
Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall
appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration
process (“Administrative Arbitrator”). In an effort to expedite resolution of any such
dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may
set forth such procedures as are necessary to resolve any disputes promptly. The
Administrative Arbitrator’s fees shall be paid by Linklo.cc. You and Linklo.cc agree to
cooperate in good faith with the AAA to implement the Batch Arbitration process including the
payment of single filing and administrative fees for batches of Requests, as well as any steps
to minimize the time and costs of arbitration, which may include: (i) the appointment of a
discovery special master to assist the arbitrator in the resolution of discovery disputes; and
(ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch
Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or
mass arbitration or action of any kind, or arbitration involving joint or consolidated claims
under any circumstances, except as expressly set forth in this provision.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to: 124 City Road, London EC1V 2NX,
within 30 days after first becoming subject to this Arbitration Agreement. Your notice must
include your name and address, the email address you used to set up your Linklo.cc account (if
you have one), and an unequivocal statement that you want to opt out of this Arbitration
Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will
continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other
arbitration agreements that you may currently have, or may enter in the future, with us.
- Invalidity, Expiration. Except as provided in the subclause entitled “Waiver of Class or
Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found
under the law to be invalid or unenforceable, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in
full force and effect. You further agree that any Dispute that you have with Linklo.cc as detailed
in this Arbitration Agreement must be initiated via arbitration within the applicable statute of
limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree
that all applicable statutes of limitation will apply to such arbitration in the same manner as
those statutes of limitation would apply in the applicable court of competent jurisdiction.
- Modification. Notwithstanding any provision in these Terms to the contrary, we agree
that if Linklo.cc makes any future material change to this Arbitration Agreement, it will
notify you. Unless you reject the change within 30 days of such change become effective by
writing to Linklo.cc at 124 City Road, London EC1V 2NX. your continued use of the Linklo.cc
Services, including the acceptance of products and services offered on the Linklo.cc website
following the posting of changes to this Arbitration Agreement constitutes your acceptance of
any such changes. Changes to this Arbitration Agreement do not provide you with a new
opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version
of these Terms and did not validly opt out of arbitration. If you reject any change or update
to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate
Disputes arising out of or relating in any way to your access to or use of the Services or of
the Linklo.cc website, any communications you receive, or these Terms, the provisions of this
Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent
changes to these Terms) remain in full force and effect. Linklo.cc will continue to honor any
valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Governing Law
- FOR US RESIDENTS USERS ONLY: These Terms and any actions arising out of or in connection
with it will be governed by and construed and interpreted in accordance with the State laws of
California, without giving effect to any conflict of law or other principles that provide for the
application of the law of another jurisdiction. The United Nations Convention on contracts for
the international sale of goods does not apply to these Terms.
- FOR ALL OTHER USERS: If you are a consumer, please note that these Terms, their subject
matter and their formation, are governed by UK law. Any disputes regarding these Terms will be
submitted to the exclusive jurisdiction of a competent court in the UK (with the exception of UK
private international law).
- These Terms will not limit any consumer protection rights that you may be entitled to under
the mandatory laws of your country of residence.
- If you are a business, these Terms, their subject matter and their formation (and any
non-contractual disputes or claims) are governed by UK law and you agree to the exclusive
jurisdiction of any competent court of the UK.
Contact
- You can contact Linklo.cc at [email protected]
or by using our contact links. If you have any questions, send us an email in English. In accordance
with California Civil Code §1789.3, you may also report complaints to the Complaint Assistance
Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting
them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone
at (800) 952-5210
Last updated: 14th April 2024.