Effective Date: July 17, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Lync.me website (the "Service") operated by LyncMe ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Deleting an account
You can delete your account and all existing at any time you would like to. You just need to remember we delete all your content and data from our database but we will not allow you to sign up with the same email for the next 30 days due to we hate spammers doing this. Also, if you repeat to delete and sign up with the same email during this time, we will ban your access forever and you, therefore, cannot create a new account or even surfing the website or also visiting other profiles. We may decide to block your access while deleting your account due to suspecting it as spam or any spammy activities. It gives you no right to complain about it at all.
Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of LyncMe and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LyncMe. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by LyncMe.
LyncMe has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LyncMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Geographic Restrictions
Access to any of our profiles may not be legal by certain persons or in certain countries. If you access any of our profiles from outside Estonia, you do so on your own initiative and are responsible for compliance with local laws.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or another economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
LyncMe its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Tallinn, Estonia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 15 days' notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Customer Data
The Customer owns the rights to its data as a data controller, and the service acts as a data processor on the Customer's behalf. All processing by the service of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. The service's processing of personal data on behalf of the Customer shall therefore only be done in order to provide the Product and shall be subject to the Customer's written instructions. The Customer is obligated to keep user logins and passwords to the Product secret from any unauthorized users or third parties. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer's data provided in the Product, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation. The service is entitled to delete any data that in the sole discretion of the service constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.
Facebook Pixel Integration Feature
When you utilize the Facebook Pixel Integration feature of Lync, you are placing your Facebook Pixel on your profile and you, therefore, become the controller of your Facebook data, and you are providing this data to Facebook Inc. By using this feature you agree to Facebook Inc’s terms and agree that you now are in a data controller/data processor relationship with Facebook Inc.
Products or Services Accessed Through the Sites
We disclaim all liability or responsibility for any third-party product or service accessed through or making use of the Sites, including any third-party online property to which a profile or Personal profile links (“Third Party Services”), or any end user’s use thereof. You shall not use the Sites in any manner implying any partnership with, sponsorship by, or endorsement of Third Party Services by us. You will not suggest or imply that we are the author of or otherwise responsible for the views or content of the Third Party Services. You will not use the Sites or any LyncMe services in connection with any Prohibited Content, or any activities where the use or failure of the Sites could lead to death, personal injury or property or environmental damage, or adversely impact or impose liability on us in any manner.
User Content
You are solely responsible for all information, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas and other data, materials, and content, including the selection and arrangements thereof, that you create on our profiles, upload to Flowpages or otherwise provide, handle or link to using the profiles, whether created by you or another user (collectively, “User Content”). LyncMe is not responsible for the User Content of any user. If you have a problem or other claim relating to a third party’s User Content, or any other problem or other claim that relates to a third-party user, you will resolve the situation with that user directly and will not sue LyncMe regarding such User Content.
You represent, warrant, and covenant that you own all right to or have the requisite consents and licenses to post and display the User Content and to grant us the licenses granted in these Terms of Use.
You hereby grant LyncMe an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your User Content, in whole or in part, in any media, for the purpose of operating and advertising the profiles.
Payment or purchasing on profiles
By using all the services in LyncMe, you agree that when you buy, use, order the product, book any service or order, you take all the consequences and responsibility of your activity. Since LyncMe has no responsibility for the content of the profiles, you are obliged to make sure of all aspects before making any transaction with the user, initial order, payment of any amount for service, order, or purchase of the product. By making any transaction, you are fully aware that Link has no responsibility for how the order owners receive, process, and send the order or perform them. All services and financial transactions are performed by other relationships and the link does not interfere in the execution of transactions. You also undertake to make sure of the legal content and activity before making a purchase, before paying for an order or a product that is introduced and displayed in the user profile. LyncMe has no guarantee, commitment, or interference in any transactions related to orders and purchases provided by profile owners.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LyncMe cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting LyncMe customer support team. A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide LyncMe with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize LyncMe to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, LyncMe will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
LyncMe may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by LyncMe until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, LyncMe reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
LyncMe, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. LyncMe will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.