These Terms of Service (the “Terms” or “Agreement”) are entered into by and between You, (the “Account Holder”,
or “Business Client”), and LinkShot (“Platform”, “we”, “our,” or “us”).
When we refer to our “Services” in these Terms, we mean to include our entire platform and the services and features found within it.
The following terms, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”),
govern your access to and use of the Platform, app.LinkShot.io, as well as www.LinkShot.io, www.LinkShot.net, any variation of
prefixes (subdomains) or suffixes derived from LinkShot.io or LinkShot.net, affiliated microsites, campaigns and short links
(collectively, the “Site”).
By using LinkShot’s Platform, Services, or Site, you represent and warrant that you meet and agree to all the requirements listed
above. You also agree to not use LinkShot’s Platform, Services, or Site in a way that violates any laws or regulations. LinkShot may
refuse service, close accounts of any users, and change eligibility requirements at any time.
To be eligible to register for a LinkShot “Business Account” and use LinkShot’s Services, you must review and accept the terms of
this Agreement by fully reading and understanding the Terms of Service available in the footer of the Platform and Site websites.
PLEASE REVIEW THESE TERMS CAREFULLY. AS A CONDITION OF THIS AGREEMENT, YOU AGREE TO BE RESPONSIBLE FOR ALL TERMS AND DOCUMENTS
INCORPORATED HEREIN BY REFERENCE, SUCH AS THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND
BY THESE TERMS, YOU SHOULD NOT USE LINKSHOT’S PLATFORM SERVICES.
We may revise and update these Terms of Service from time to time in our sole discretion. The revised Terms will supersede prior
versions. Unless we say otherwise, revisions will be effective upon the “LAST UPDATED” date indicated at the top of these Terms. We
will provide you advance notice of any material revisions by posting notice of the changes on the Site in your client portal or by
emailing your email of record. For other revisions, we will update the “LAST UPDATED” date of these Terms at the top of the page. We
encourage you to check the “LAST UPDATED” date of these Terms whenever you visit LinkShot’s website or Client Portal. Your continued
access or use of our Platform’s Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you
should stop using Linkshot’s Platform Services. We are not obligated to provide you with the Services. You are expected to check this
page frequently so you are aware of any changes, as they are binding on you.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LinkShot, its licensors, or
other providers of such material and are protected by United States and international copyright, trademark, patent, trade
secret, and other intellectual property or proprietary rights laws. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any
of the content, in whole or in part, found on the Platform. LinkShot’s content is not for resale. Your use of the Platform
does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the intellectual property of LinkShot or our
licensors except as expressly authorized by these Terms.
You represent and warrant that you either own or have permission to use all of the material in your content. You retain
ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these
Terms and our Privacy Policy.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification
of claimed copyright or trademark infringement and for processing such claims in accordance with such law. If you believe your
copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to Our
Agent for notice of claims of infringement:
To be sure the matter is handled immediately, your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that
material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail
address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual
property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other
intellectual property right owner.
Trademarks.
The LinkShot name, the LinkShot logo, and all related names, logos, product and service names, designs, and slogans are
trademarks of LinkShot or its affiliates or licensors. You must not use such marks without the prior written permission of LinkShot.
All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their
respective owners.
Breach of Intellectual Property Rights.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in
breach of the Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the
Platform is transferred to you, and all rights not expressly granted are reserved by LinkShot. Any use of the Site not
expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and
other laws.
General.
As between you and LinkShot, we exclusively own and reserve all right, title and interest in and to our Platform and
Services.
Privacy Policy.
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that
information. So, please review our Privacy Policy which thoroughly explains everything.
Third-Party Links & Ads; Other Users.
- Third-Party Links & Ads.The Platform may contain links to third-party websites and services, and/or
display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads
are not under the control of LinkShot, and LinkShot is not responsible for any Third-Party Links & Ads. LinkShot
provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk. When you click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You
should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Links & Ads.
- Other Users.Each Platform user is solely responsible for any and all of its own User Content. Because we
do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of
any User Content. Your interactions with other Platform users are solely between you and such users. You agree
that LinkShot will not be responsible for any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Platform user, we are under no obligation to become involved.
- Release.You hereby release and forever discharge LinkShot (and its officers, employees, agents, successors,
and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission
of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.”
Cookies
LinkShot believes in being clear and open about how data related to you is collected and used. In the spirit of transparency,
this policy provides detailed information about how and when LinkShot uses cookies. This cookie policy applies to any
LinkShot product or service that links to this policy or incorporates it by reference.
- As described in our Privacy Policy, we use cookies and other technologies
to ensure everyone who uses LinkShot has the best possible experience. Cookies also help us keep your account safe.
By continuing to visit or use our services, you are agreeing to the use of cookies and similar technologies for the
purposes we describe in this policy.
- We use cookies on our Platform, Site, and mobile applications. Any browser visiting these Sites will receive
cookies from us. We also place cookies in your browser when you visit non-LinkShot sites that host our plugins
(for example, LinkShot’s “Share” button) or tags.
- What types of cookies does LinkShot use?We use two types: persistent cookies and session cookies. A
persistent cookie helps us recognize you as an existing user, so it's easier to return to the Platform or
interact with our services without signing in again. After you sign in, a persistent cookie stays in your browser
and will be read by LinkShot when you return to one of our sites or a partner site that uses our services (for
example, our sharing or job application buttons). Session cookies only last for as long as the session (usually
the current visit to a website or a browser session).
- What are cookies used for?Cookies can be used to recognize you when you visit LinkShot’s Platform and
Services, remember your preferences, and give you a personalized experience that's in line with your settings.
Cookies also make your interactions with LinkShot faster and more secure. Additionally, cookies allow us to bring
you advertising both on and off the Platform’s sites, and bring customized features to you through plugins such
as our “Share” button.
- Cookies Used for Advertising.Unless you clear these cookies from your browser, we may use this information to:
- provide more relevant, interest-based advertising;
- provide aggregate reports of ads activity to advertisers and websites hosting the ads;
- help website and app owners understand how visitors engage with their sites or apps
- detect and defend against fraud and other risks to protect users and partners
- improve our products.
What is Do Not Track (DNT)?
DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the
Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online
activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry
groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has
been made, it has been slow. No standard has been adopted to this date. As such, LinkShot does not use "do not track"
signals.
Disclaimers.
LINKSHOT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE PLATFORM AND OUR ITS AFFILIATES, OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PLATFORM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT,
ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ACCESS TO, AND USE OF, THE SITE IS AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF
DATA RESULTING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN
ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO THIS AGREEMENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
Indemnification.
You agree to indemnify, defend and hold harmless LinkShot, its officers, directors, employees, agents and affiliates, for any
damages, costs, liabilities and expenses, including costs and attorneys’ fees, relating to or arising from (a) your use of
the Site; (b) your violation of or failure to abide by these Terms; (c) your violation of applicable laws or regulations;
(d) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting
from your User Content and/or your use of the LinkShot Services; and/or (e) any other type of claim that your User Content
caused damage to a third party. LinkShot reserves the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree
not to settle any matter without the prior written consent of LinkShot. Further, if an affiliate fails to abide by LinkShot’s
Terms, they agree to cover any legal expenses or costs resulting from any claim. LinkShot will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law.
- These Terms are executed and delivered in, and shall be governed by, enforced and interpreted in accordance with
the laws of the State of Florida.
- The parties hereto agree and consent that the federal courts located in the United States District Court for the
Southern District of Florida shall have the exclusive jurisdiction with regard to any litigation arising from or
relating to these Terms.
- Notwithstanding the foregoing, a party has the right at any time to seek a temporary or permanent injunction or
other equitable remedy or relief in any court having subject matter jurisdiction anywhere in the world.
Waiver of Jury Trail.
EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS
AGREEMENT, THE OTHER TRANSACTION DOCUMENTS, OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE
ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS
TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND
STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE
SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER
WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION
WITH LEGAL COUNSEL.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
Attorneys’ Fees.
The prevailing party shall be entitled to attorneys’ fees.
Injunctive Relief.
You and LinkShot expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened
breach of these Terms and that, in the event of an actual or threatened breach of the provisions of these Terms, the
non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other
rights or remedies available such as making an evidentiary showing of the breach. Each party will promptly notify the other
in writing if it becomes aware of any violations of the obligations set forth in these Terms.
Export.
You agree not to export, re-export or use any data services except as explicitly authorized by United States law and the laws
of the jurisdiction in which you obtained your software license. If you purchased or use software in the United States, you
may not export or re-export data services to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list
of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services
and/or the mobile web portal provided by or through LinkShot, you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use Linkshot’s Services for any purposes prohibited by United
States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical
or biological weapons.
Severability.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Service will continue in full force and effect.
Electronic Communications.
The communications between you and LinkShot use electronic means, whether you use the Platform or send us emails, or whether
LinkShot posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to
receive communications from LinkShot in an electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that LinkShot provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hard copy writing. The foregoing does not affect your non-waivable rights.
Entire Terms.
These Terms of Service, our Privacy Policy, and any other documents incorporated by
reference herein constitute the entire agreement between you and LinkShot regarding the use of the Platform and supersede all
prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the
Platform.
Waiver of Rights.
Platform’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right
or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word
“including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to LinkShot is
that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LinkShot’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be
null and void. LinkShot may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.
-
Contact Us:
LinkShot
Address: 123 Main Street, Miami, Florida 33133
Phone Number: 1.123.456.7890
Email: admin@linkshot.io
