THIS AGREEMENT ESTABLISHES THE BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.LYNKOS.COM (THE "SITE"), MOBILE APPLICATIONS AND SERVICES PROVIDED BY LYNKOS (COLLECTIVELY, THE “SERVICES”) WITHIN THE LEGAL FRAMEWORK.
LIKEWISE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION REQUIRING AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW.
By using the Services in any way, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to comply with the terms of this Agreement, including any additional terms, conditions and policies referred to herein and/or available by hyperlink. This Agreement shall apply to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of contents, information and other materials or services on the Site.
You hereby state and warrant that you are at least 18 years old as the Application is not for use by children under 18 years of age. If Lynkos becomes aware, through reliable means, that a registered user is a child under 18 years, Lynkos will cancel said user's account.
If you have any questions, please refer to the section of the Site.
1. Lynkos is a marketplace
Lynkos is a marketplace where users who comply with Lynkos' policies may offer, sell and buy certain items within a fixed-price format. Lynkos is not directly involved in the transaction between buyers and sellers. Consequently, Lynkos has no control over the quality, safety, morality or legality of any aspect of the listed goods, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Lynkos does not pre-select users (except for services that require an application) or the contents or information provided by users.
It is not within Lynkos’ power to ensure that a buyer or seller will complete a transaction. Therefore, Lynkos does not transfer legal ownership of items from sellers to buyers. Lynkos cannot guarantee the true identity, age, and nationality of users. Lynkos requests that you communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You hereby agree that Lynkos is a venue and as such is not responsible or liable for any contents, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users or third parties on Lynkos. You use the Lynkos service at your own risk.
2. Eligibility of Members
Age: Lynkos' services are available to and may only be used by individuals who are 18 years and older, who can enter into legally binding contracts under any applicable law. You hereby state and warrant that you are at least 18 years old and that all the registration information provided by you is accurate and truthful. Lynkos may, at its sole discretion, refuse to offer access or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under 18 years of age must at always use Lynkos' services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult shall be the user and he/she shall be responsible for any and all activities.
Compliance: You hereby agree to comply with all local legal regulations regarding online conduct and acceptable contents. You shall bear all applicable taxes. Also, you must abide by the Lynkos' policies stated in the Agreement and the Lynkos policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Lynkos, each of which is incorporated herein by reference and may be updated by Lynkos from time to time without notice to you:
Likewise, some of the services offered by Lynkos may be subject to additional terms and conditions passed by Lynkos from time to time; your use of such services shall be subject to said additional terms and conditions, which are hereby incorporated into this Agreement by reference.
Password: Secure your password. You shall be fully responsible for all activities, liabilities and damages that might result from your failure to maintain password confidentiality. You hereby agree to immediately notify Lynkos of any unauthorized use of your password or any breach of security. You also agree that Lynkos cannot and will not be responsible for any loss or damage arising from your failure to keep your password secure. You consent not to provide the combination of your username and password information to any other party other than Lynkos without Lynkos' express written consent.
Account Information: You shall keep your account information updated and accurate at all times, including a valid e-mail address. In order to sell items on Lynkos you must provide and maintain valid payment information such as valid credit card information.
Account Transfer: You shall not transfer or sell your Lynkos account and User ID to another party. You shall be responsible for all activity of the account and User ID. If register as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Lynkos' services are not available to Lynkos members who have been temporarily or indefinitely suspended. Lynkos hereby reserves the right, at Lynkos' sole discretion, to cancel unconfirmed or inactive accounts. Lynkos also reserves the right to refuse service to anyone, for any reason and at any time.
3. Fees and Billing
Joining and setting up a store on Lynkos is charge-free (except for additional sales channels on Lynkos or integrated marketplaces that may have separate fees). Lynkos may charge fees for listing an item for sale, as well as a percentage of the sale price when the item is actually sold; depending on your specific account type. Lynkos' Fees Policy, which is subject to change, is incorporated herein by reference. Changes to the Fees Policy and the fees for Lynkos' services shall become effective after Lynkos provides you with at least fourteen (14) days' notice by posting the changes on the Site. At any time Lynkos may, at its sole discretion, change some or all of Lynkos' services. Should Lynkos introduce a new service, the fees for such service shall become effective as at the launch of the service. Unless otherwise stated, all fees are quoted in United States Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, Lynkos may issue a credit for the applicable fees to a seller's billing statement. You shall be responsible for paying all applicable fees and taxes in connection with your use of Lynkos. Lynkos provides plans for both automatic and manual bill payment as described in Lynkos’ Billing Policy. Lynkos will send an invoice to the seller’s registered email address detailing the amount due for the prior month’s fees and charges. The seller must fully pay the amount due within 15 days of the date of the invoice, otherwise the account will be considered past due.
Fees and Termination: Should Lynkos terminate a listing or your account, or should you close your account, or if the payment of your Lynkos fees cannot be completed for any reason, you shall remain bound to pay Lynkos for all due fees, plus any applicable penalties, if applicable. If the seller's account is not fully paid and becomes past due, the seller risks penalties such as the suspension of privileges and/or the termination of the account as well as other collection mechanisms (including retaining collection agencies and legal counsel). Should you have any questions or wish to dispute a charge, please, contact Lynkos directly.
4. Listing and Selling
Listing Description: All listings on Lynkos must be for sale. When listing an item on the Site you warrant that you and all the features of the item comply with Lynkos' published policies. Likewise, you hereby warrant that you are legally authorized to sell the item. All your items and terms of sale must be clearly described in your Lynkos shop. Your listings can only include text descriptions, graphics, pictures and other contents relevant to the sale of that item. All items must be listed in the corresponding category with appropriate tags. Each listing must precisely and completely describe the item/items for sale in that listing. If there are more than one item "in stock", all items in that listing should be identical. Each unique item must have its own listing.
Shop Policies: All sellers are prompted to outline shop policies for their Lynkos shop. These policies can include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies and abide by such policies. All shop policies must meet Lynkos' site-wide policies. Sellers shall be responsible for enforcing their own reasonable shop policies. Lynkos hereby reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, as well as buyers are responsible for reading the description of items before making any purchase. All sales shall be binding. The seller is bound to ship the order or deliver the service, or otherwise complete the transaction with the buyer promptly, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot verify the buyer's identity. The buyer shall be bound to deliver adequate payment for purchased items, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must accurately represent the sale. Sellers may charge reasonable shipping and management fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or avoid fees in any other manner. You cannot not change the price of an item after a sale for the purpose of avoiding Lynkos’ transaction fees, misrepresent the item's location or use another user's account without permission.
Handling Deals: When a buyer orders a Deal, the seller is notified by e-mail and on the site while logged into the account. Sellers are required to meet the delivery time specified when creating their Deals. Should they not do this, they will be allowing the buyer to cancel the order when an order is marked as late and may be harming the seller's rating. If the order is software-related delivered online, Users shall be responsible for scanning all transferred files for viruses and malware. Lynkos will not be held responsible for any damages that might arise from site, content or file use or transfer. A Seller may cancel an order without the buyer's consent at any time. However, this will have an adverse effect on the seller's rating. Buyers can request changes while an order is marked as Delivered if the delivered materials do not match the seller's description on their Deal page or the requirements sent to the seller at the first stages of the order process.
Reviews: While completing an order, feedback reviews provided by buyers are essential for Lynkos' rating system. Reviews reflect buyers’ overall experience with sellers and their service. Buyers are encouraged to communicate to sellers any concerns experienced during their active order in what regards the service provided by the latter. Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Lynkos platform from users within our Community. Purchases determined to artificially enhance seller ratings or to abuse the Lynkos platform with purchases from additional accounts, will result in a permanent suspension of all related accounts. Feedback comments provided by buyers are publicly displayed on a seller’s Deal page. Buyers have the option not to include comments, however, they can still rate the service. The cancellation of an order does not remove feedback, unless it is mutually agreed. Withholding the delivery of services, files or information required to complete the Deal’s service with the intention of gaining favorable reviews or additional services is expressly prohibited.
Shipping: Many of the services provided through Lynkos are delivered physically. Sellers can choose to add shipping charges for these kinds of Deals. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
Important: Buyers who order Deals requiring physical delivery will be requested to provide a shipping address. Sellers shall be responsible for all shipping arrangements once the buyer provides the shipping address. Lynkos does not handle or guarantee shipping, tracking, quality and/or condition of items or delivery and shall not be responsible or liable for any damages or problems resulting from shipping. A tracking number is a great way to avoid shipping-related disputes. We require that you enter the tracking number, if available, in the order page when delivering your product or service.
5. Prohibited, Questionable and Infringing Items and Activities
You shall be solely liable for your conduct and activities on Lynkos and any and all data, texts, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (together, the "Contents") that you submit, post and display on Lynkos.
Restricted Activities: Your Contents and your use of Lynkos shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, falsified or stolen items
- Violate any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Lynkos' Copyright and Intellectual Property Policy)
- Infringe this Agreement, Lynkos’ Guidelines, Seller Guidelines, any site policy or community guidelines or any applicable law, statute, ordinance or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Involve any countries, entities, individuals or items banned by sanctions, embargoes, regulations or orders administered by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
- Contain goods that have been identified by the United States Consumer Products Safety Commission (CPSC) as hazardous to consumers and, therefore, subject to a recall
- Be insulting, trade libelous, unlawfully threatening, unlawfully harassing to, impersonate or intimidate any person (including Lynkos staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar e-mail addresses, nicknames or the creation of false accounts or any other method or device
- Interfere with any seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any destructive code that may damage, negatively interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images that do not belong to a listing
- Modify, adapt or hack Lynkos or modify another website in order to falsely imply that it is associated with Lynkos;
- Appear to create liability for Lynkos or cause Lynkos to lose (in whole or in part) the services of Lynkos's ISPs or other suppliers
Do’s: You agree that you shall:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements
- Provide us with accurate information and keep it updated
- Use your real name on your profile
- Use the Services professionally.
Don'ts: You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate or reprehensible contents;
- Add content that is not intended or that is inaccurate for a designated field (for example, submitting a telephone number in the “title” or any other field, or including telephone numbers, e-mail addresses, street addresses or any personal information for which Lynkos has not provided a field);
- Use an image that is not your likeness or a head-shot photo for your personal profile or a recognizable logo of your company on your shop profile on Lynkos;
- Create a false identity on Lynkos;
- Falsely state your affiliations with a person or entity, either past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone but yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another person's account;
- Harass, abuse or harm other persons;
- Send spam or other unrequested communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, defamatory, abusive, obscene, discriminatory or otherwise objectionable manner;
- Reveal information that you do not have the right to reveal (such as other persons’ confidential information (including your employer);
- Infringe other persons’ intellectual property rights, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Infringe Lynkos’ intellectual property or other rights, including, without limitation, using the word “Lynkos” or our logos in any business name, e-mail or URL, save as provided in the Trademark Guidelines;
- Use Lynkos invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation unauthorized by Lynkos;
- Send messages to distribution lists, newsgroup aliases or group aliases;
- Post anything containing software viruses, worms or any other harmful codes;
- Manipulate identifiers for the purpose of disguising the origin of any message or post transmitted through the Services;
- Create profiles or provide contents that promote escort services or prostitution.
- Create or operate pyramid schemes, frauds or other similar practices;
- Copy or use other people’s information, contents or data available on the Services (except it is expressly authorized);
- Copy or use the information, contents or data on Lynkos in connection with a competitive service (as determined by Lynkos);
- Copy, modify or create derivative works of Lynkos, the Services or any related technology (except it is expressly authorized by Lynkos);
- Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Suggest or state that you are affiliated with or endorsed by Lynkos without our express consent (for example, representing yourself as an accredited Lynkos trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or any related information or data;
- Sell, sponsor or otherwise charge for a Lynkos Group or any other feature of the Services, without Lynkos' consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on Lynkos (as set forth in the Brand Guidelines), without Lynkos' consent;
- Remove any notices related to copyright, trademark or other proprietary rights from our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy or transfer any information obtained from Lynkos without Lynkos’ consent;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing”, “mirroring” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by Lynkos, such as its mobile applications and the lynkos.com site and sub-domains;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (for example, spam, denial of service attack, viruses, gaming algorithms);
Our Services allow messaging and sharing information in many ways, such as your profile, shop, content and activity. Any information and contents that you share or post may be seen by other Members or, when public, by Visitors. Where Lynkos has made settings available, we will honor the choices you make about who can see your contents or information (for example, sharing to a team instead of your connections, changing the default settings for contents from public to a more restricted view, limiting your profile visibility). Please, note that other activities, such as messages, are private by default and will only be visible to the addressee(s).
We are not obligated to publish any information or contents on our Service and we can remove it at our sole discretion, with or without prior notice.
Re-Posting Contents: By posting Contents on Lynkos, it is possible for an outside website or a third party to re-post said Contents. You hereby agree to hold Lynkos harmless for any disputes arising from such use. If you choose to display your own Lynkos-hosted image on another website, the image must provide a link back to its listing page on Lynkos.
Submission of Ideas: Lynkos considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications or otherwise (other than the Contents and tangible items sold on the Site) (collectively, the "Material") to be non-confidential and non-proprietary, and Lynkos will not be liable for the disclosure or use of such Material. If, at Lynkos' request, any member sends Material to improve the site (for example, through the Forums or to customer support), Lynkos will also consider that Material to be non-confidential and non-proprietary and Lynkos will not be liable for using or disclosing the Material. Any communication from you to Lynkos shall be subject to this Agreement. You hereby grant and agree to grant Lynkos, under all of your rights on the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to include, use, publish and exploit such Material for any purpose whatsoever, be it commercial or not, including but not limited to incorporating it in the API, documentation or any product or service, without compensation or accounting to you and without further recourse by you.
Limitations: Lynkos hereby reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Lynkos also reserves the right to restrict, suspend or terminate your account if Lynkos believes that you may be infringing this Agreement or any applicable laws or misusing the Services.
7. Information Control
Lynkos does not control the Contents provided by users which are made available on Lynkos. Therefore, you might find some Contents to be offensive, harmful, inaccurate or deceptive. There are also risks of dealing with underage persons or people acting under false identities.
Additionally, there may also be risks when dealing with international trade and foreign nationals. By using Lynkos, you agree to accept such risks and hold Lynkos (and Lynkos' officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all acts or omissions of users on Lynkos. Please be cautious, use common sense and practice safe buying and selling when using Lynkos.
Other Resources: Lynkos shall not be liable for the availability of outside websites or resources linked to or referenced on the Site. Lynkos does not endorse and is not responsible or liable for any contents, advertising, products or other materials available on such websites or resources. You hereby agree that Lynkos shall not be responsible or liable, either directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such contents, items or services available on or through any such websites or resources.
Users may arrange and participate in online meetings or in-person meetings ("Meetings") with one or more individuals. Users shall be solely responsible for their interactions with others. Users should comply with Lynkos' policies and hereby acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Lynkos is not involved with user generated groups, group requirements or the Meetings.
Lynkos does not supervise or control Meetings, user-initiated online or offline gatherings, or interactions among and between users and other persons or companies. Users shall be responsible for their interactions with others. Users understand that Lynkos does not screen its users in any way. All users agree to exercise caution and good judgment in all their interactions with others, particularly when meeting offline or in person.
Groups or User Fees: Some user-generated groups on Lynkos may require that users pay fees in order to become members of a group, participate in a promotion or in Meetings.
Lynkos IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. PAYMENTS DO NOT GO TO LYNKOS; SAID MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY LYNKOS AND LYNKOS HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT LYNKOS IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, LYNKOS USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU SHALL BEAR ALL RISKS IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and good judgment at the time of deciding whether to contribute money.
9. Settlement of Disputes and Release
Disputes with Lynkos: Should a dispute arise between you and Lynkos, please contact Lynkos directly. Any dispute arising from or related with the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language pursuant to the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") in force, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be elected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive a reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be filed in a court having jurisdiction or an application may be submitted to such court for judicial acceptance of any award or enforcement order, as the case may be. Without prejudice to the foregoing, each party shall have the right to file an action in a court with proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For the purposes of this Agreement, the parties hereby accept the exclusive jurisdiction and venue of the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not meet all the provisions of the Agreement, including without limitation, this section. You and Lynkos hereby agree that any cause of action arising out of or in connection with the Services (including, but not limited to any services provided or made available therein) or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action shall be permanently barred.
Disputes with Users or Third Parties: Should a dispute arise between you and another user or a third party, Lynkos encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that takes place on Lynkos, they may choose to participate in Lynkos’ case system in order to settle the dispute. Cases are escalated for review and resolution by Lynkos. Lynkos provides its dispute resolution process for the benefit of users. Lynkos does so at its sole discretion and has no obligation to settle disputes between users or between users and third parties. To the extent that Lynkos attempts to settle a dispute, Lynkos will do so in good faith and based solely on its policies. Lynkos will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity, as the case may be. You hereby release Lynkos (and Lynkos' officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users or third parties.
10. Lynkos' Intellectual Property
Lynkos and other Lynkos graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dresses of Lynkos, Inc. in the United States and/or other countries. Lynkos' trademarks and trade dresses shall not be used, including as part of trademarks and/or as part of domain names or e-mail addresses, in connection with any product or service in any manner that could be misleading or cause confusion.
11. Access and Interference
Additionally, you agree that you will not:
- Take any action that imposes or may impose at Lynkos' discretion, an unreasonable or disproportionately large load on Lynkos' infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Lynkos' robot exclusion headers or other measures Lynkos may use to prevent or restrict access to Lynkos
Lynkos hereby reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Lynkos.
14. No Warranty
LYNKOS, LYNKOS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Lynkos' SUPPLIERS PROVIDE Lynkos' WEBSITE AND SERVICES "AS IS", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LYNKOS, LYNKOS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Lynkos' SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MARKETABILITY, PERFORMANCE, ADEQUACY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LYNKOS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GRANTS YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Limitations to Liability
IN NO EVENT SHALL LYNKOS AND (AS APPLICABLE) LYNKOS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Lynkos' SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING FROM OR RELATING TO YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE USE OF THE SITE, LYNKOS' SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. LYNKOS' LIABILITY AND (AS APPLICABLE) THE LIABILITY OF LYNKOS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO LYNKOS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD LYNKOS AND (AS APPLICABLE) LYNKOS' PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, FILED BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATED BY REFERENCE, OR YOUR INFRINGEMENT OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Lynkos does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors that escape Lynkos' control.
18. Compliance with the Law & Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations in connection with your use of the Site and any Lynkos service and, if applicable, your listing, purchase, solicitation of offers to purchase and sell items. Likewise, you shall bear any and all taxes applicable to any purchases or sales of items you perform through the Services (except for any taxes on Lynkos' net income).
Should any provision of this Agreement be held unenforceable, such provision will be amended to reflect the parties' intentions. All remaining provisions herein shall remain in full force and effect.
20. No Agency
Lynkos and you are independent contractors, therefore, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Lynkos Service
22. Choice of Law
This Agreement shall in all aspects be construed as per the laws of the State of New York, save for its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Contents, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Settlement of Dispute and Release), 10 (Lynkos' Intellectual Property), 11 (Access and Interference), 12 (Breach), 18 (Privacy), 14 (No Warranty), 15 (Limitations to Liability), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except if expressly stated otherwise, any notices shall be given by postal mail to Lynkos; Attn: Legal Department; 15 North Mill St Nyack, NY 10960 (in the case of Lynkos) or, in your case, to the e-mail address you provide to Lynkos (either during the registration process or when your e-mail address changes). Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Lynkos may notify you by certified mail, postage prepaid and return receipt requested, to the address provided to Lynkos. In such case, notice shall be deemed given three days after the mailing date. For issues related to intellectual property, please, provide the notice specified in Lynkos' Copyright and Intellectual Property Policy.