Linqto Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE APPLICATION. BY ACCESSING OR USING THE APPLICATION YOU ARE ACCEPTING THESE TERMS OF USE AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE. YOU MAY NOT ACCESS OR USE THE APPLICATION OR ACCEPT THESE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD.

Linqto, Inc. ("Linqto"), through its website at www.linqto.com ("Site") and its application on Facebook and related content and features (collectively with the Site, the "Application"), provides virtual meeting rooms where the room Administrator , observers (if any) and the Administrator’s invited guests (collectively referred to as "User") may hear and see each other through the audio and video features of the Application and simultaneously exchange text messages with each other, and where the Administrator may provide or demonstrate text, audio, video and other content and applications. Your use of the Application, whether as an Administrator, observer or invited guest, is subject to the following terms and conditions which you agree to by using this Application. Linqto reserves the right to change (a) these Terms of Use as described in Section 16 and (b) the services available on this Application at any time, in its sole discretion.

1. COPYRIGHT AND OWNERSHIP NOTICES.

This Application and all content and materials on it, except Participant Content (defined below) are proprietary: © 2009-2011 Linqto, Inc. All rights reserved. All information, content and materials on this Application are protected by copyright laws, trademark laws, international treaties and conventions and other intellectual property laws, and any unauthorized use thereof is prohibited. The provision of the Application does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Linqto and its suppliers reserve all rights not granted in these Terms of Use. If you provide Linqto any feedback or suggestions regarding the Applications ("Feedback"), you hereby assign to Linqto all rights in the Feedback and agree that Linqto shall have the right to use such Feedback and related information in any manner it deems appropriate.

2. ACCOUNTS.

In order to use certain features of the Application, you must register for an account ("Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Linqto of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Linqto cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. APPLICATION, LINQTO CONTENT, AND PARTICIPANT CONTENT

(a) License Application. As a User of this Application, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use this Application (including the Linqto Content, Participant Content, and other content provided on this Application) for your personal non-commercial use, in accordance with these Terms of Use. If you are required to register, your registration is for your own individual, personal use, and not for other persons, unless otherwise specified on the registration page. As a third-party Administrator, you may not use or access another account or virtual room other than your own without permission.

(b) Certain Restrictions. Except as specifically permitted herein, no portion of the Linqto-provided content on this Application ("Linqto Content") may be copied without prior written permission from Linqto, Inc., P.O. Box 1193, Pebble Beach, CA. The Linqto Content is provided solely for your own personal use, and may not be copied or posted on any network computer or the Internet, or broadcast in any media. Specifically, you may not copy the layout or design of this Application or the text provided by Linqto. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds or images on this Application provided by Linqto may be reproduced or distributed without Linqto’s expressed written consent. Except as specifically permitted herein, you may not reproduce, record, copy, post on any network computer or the Internet or otherwise use any Participant Content provided by other Users.

(c) License to Participant Content. "Participant Content" means any information, text, video, audio, or other materials provided by Users in the virtual rooms within the Application. By submitting Participant Content through the Application (e.g., commentary whether via text messages, verbal or video commentary, or otherwise within the virtual rooms of the Application), you hereby grant to Linqto a worldwide, non-exclusive, royalty-free, sublicenseable (including to Administrators) perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Participant Content to provide the Application. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Participant Content.

(d) If you provide or display Participant Content in a virtual room, you are solely responsible for your Participant Content. You acknowledge that Participant Content you provide will be viewed and heard (and could be recorded) by other Users of the virtual rooms you occupy ("occupants"), and that Linqto does not have the responsibility to require such occupants to refrain from using, or maintain confidential, Participant Content you discuss, disclose or provide in a virtual room. Therefore, any Participant Content you submit or disclose in a virtual room should not be considered confidential. Furthermore, in the event you provide Participant Content, you represent and warrant that you have all necessary licenses, rights, consents and permissions from any third parties that may be required for use of any Participant Content you provide.

(e) Linqto does not endorse or recommend, or warrant the accuracy and completeness of, any Participant Content, or any advice, claims, opinions or recommendations contained in Participant Content. Your use of or reliance on any Participant Content is solely at your own risk. You understand and acknowledge that Users may make statements or provide Participant Content that is inaccurate, incomplete, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Linqto with respect thereto.

(f) You may not reverse engineer, decompile or disassemble the software used in connection with this Application. You may not lease, sublease, loan, sell, or sublicense your rights to use the Application. You may not modify or create derivative works of this Application or the Linqto Content. You may not use any network monitoring or discovery software to extract any information about the architecture of this Application, its usage, or individual identities of Users. You may not use any automatic software or device, such as robots or spiders, or any other process, even if manual, to monitor or copy our Application or any Linqto Content, without Linqto’s express prior written consent.

(g) You agree not to do any of the following:

(i) Use the Application to transfer, display or advertise any pornography, sexual content or adult materials; materials which are harmful to minors; nude, violent or graphic images; hateful or offensive or obscene content; libelous, defamatory, misleading, or false materials; materials that violate privacy; computer viruses, “warez”; or any harassing, illegal, and/or harmful materials. You may not, directly or indirectly, provide links to any third party applications that contain such materials.

(ii) Use this Application, the Linqto Content or Participant Content in any way that violates (i) any copyright, trade secret, trademark, patent or other intellectual property rights; or (ii) any statute, law, regulation or governmental order, or treaty;

(iii) Use the Application in a manner that may abuse or violate the personal or property rights or privacy rights of others;

(iv) Forge or misrepresent headers, addresses, or other identification in Application pages or e- mail, or using any other method to disguise your identity or location;

(v) Use the Application in an attempt to break security of any computer network (including of this Application) or to access any account, message, or file that does not belong to you;

(vi) Use excess system or network resources, including any scripts or programs that use excessive computer resources; or use the Application for unauthorized relays through any third party systems;

(vii) Defame Linqto or its Application on the Internet or elsewhere;

(viii) Use the Application to promote a competing web conferencing or web meeting service;

(ix) Use or refer to the Application in connection with any spamming, mail-bombing, attacks on third party sites, or other harassing of third parties;

(x) Use the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit, affirmative consent of the addressee(s);

(xi) Provide any false information or data to Linqto, including providing fraudulent credit card or other payment information;

(xii) Furnish data in a manner that would be deemed to be unprofessional, inappropriate or unsuitable for the Application as determined by Linqto;

(xiii) Promote any illegal activities.

(h) You agree not to distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products. Additionally, Linqto may require you to place all or any portion of the Participant Content behind password protection if Linqto determines that such Participant Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Linqto has requested you to place Participant Content behind password protection or if you independently determine that the Participant Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Linqto requests you to place any Participant Content behind password protection and you fail to do so promptly, Linqto reserves the right to (a) place such Participant Content behind password protection itself, or (b) terminate this Agreement.

(i) You hereby acknowledge that Linqto may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation, maximum limits on storage space, maximum number of photographs or other data according to the type of account, and maximum storage and time length for recordings. Linqto further reserves the right to delete at any time without prior notice duplicate images. Any of the foregoing limits will be consistent with the Services for which you have registered. You agree that Linqto has no responsibility or liability for the deletion or failure to store any Participant Content maintained or transmitted by the Service. You further acknowledge and agree that Linqto reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.

(j) If you violate any of the terms and conditions in these Terms of Use, or if Linqto receives complaints from other Users regarding your use of this Application, Linqto may immediately suspend or terminate your right to use the Application. Additionally, Linqto may seek damages, an injunction or other equitable relief for any violation of these Terms of Use.

(k) Linqto may, but has no obligation to, monitor Participant Content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Linqto or its customers, or operate the Services properly. Linqto, in its sole discretion, may refuse to post, remove, or refuse to remove, any Participant Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Linqto may (but has no obligation to) investigate complaints or reported violations of these Terms of Use and may take any action we deem appropriate to respond thereto, including without limitation reporting suspected unlawful activity to law enforcement officials, governmental agencies, or other third parties. Linqto may, upon request or order, disclose any necessary or appropriate information to such persons, such as User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

4. LINKS TO THIRD PARTY SITES.

If you decide to access or use any third party Applications that may be linked to this Application, you do this entirely at your own risk. The linked sites are not under the control of Linqto and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. If we provide links, then we are providing them for you only as a convenience, and the inclusion of any link does not imply endorsement by Linqto of the site.

5. TRADEMARKS.

Linqto is a trademark of Linqto, Inc. The names of any other products, services or companies mentioned on this Application are the property of their respective owners and may also be trademarks.

6. DISCLAIMER.

LINQTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, LINQTO DOES NOT WARRANT: (A) THAT THE CONTENT OR INFORMATION ON THIS APPLICATION IS COMPLETE, CORRECT, RELIABLE OR NONINFRINGING; (B) THAT THE FUNCTIONALITY OF THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THAT ANY DEFECTS CAN OR WILL BE CORRECTED; OR (D) THAT THIS APPLICATION OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIALS.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL LINQTO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM THESE TERMS OF USE, THE USE OF OR THE INABILITY TO USE THIS APPLICATION OR THE INFORMATION CONTAINED ON THIS APPLICATION, EVEN IF LINQTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LINQTO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID TO LINQTO IN THE PRIOR 12 MONTHS OR (2) U.S. $50.00.

8. Indemnity.

You agree to indemnify, defend and hold harmless Linqto, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of the Linqto Application; (ii) your use, disclosure or publication of Participant Content of other Users; (ii) your violation of these Terms of Use, (iii) your violation of any third party right, including without limitation any intellectual property or privacy right; or (iv) your Participant Content. This defense, hold harmless and indemnification obligation will survive these terms of use and your use of the Linqto Application.

9. Other Users.

(a) Other Users. Each User is solely responsible for any and all of its Participant Content. Because we do not control Participant Content, you acknowledge and agree that we are not responsible for any Participant Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Participant Content, and we assume no responsibility for any Participant Content. Your interactions with other Users are solely between you and such User. You agree that Linqto 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 User, we are under no obligation to become involved.

(b) Release. You hereby release and forever discharge us (and our 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 relates directly or indirectly to, any interactions with, or act or omission of, other Users. 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."

10. Payment.

For Services offered on a payment or subscription basis, the following terms apply, unless Linqto notifies you otherwise in writing. This Agreement also incorporates by reference and includes any payment terms provided to you on the Site for the Services.

(a) If you order a paid Service, you agree to pay the applicable fees and charges, and any applicable taxes associated therewith. Payments will be billed to you in U.S. dollars, and your account will be debited at the end of each monthly term after you subscribe and provide your payment information. All payments are non-refundable. You must pay with a valid credit card acceptable to Linqto, unless another payment option is otherwise agreed to in writing by Linqto. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your Account and refuse any use of the Services.

(b) During the first year of your Service, your rate will be fixed and Linqto will automatically renew your monthly Services at your initial rates, unless the Services are cancelled or terminated under this Agreement. After the first year of your Service, Linqto will automatically renew your monthly Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.

(c) By ordering the paid Service, you here by authorize Linqto to bill your credit card as described above.

11. Term And Termination.

Your subscription or registration to use the Application, if any, shall remain in force until it is terminated by either party. Either you or Linqto may terminate your subscription or registration at any time, for any or no cause, by giving notice to the other party. You may cancel your account or any part of the Services at any time. Linqto will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Linqto Account or deletion of your Participant Content. Even after these Terms of Use is terminated, the following provisions of these Terms of Use will remain in effect: Sections 1, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, and 17.

Upon termination of your account for any reason, Linqto reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Participant Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Linqto be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Participant Content.

12. Non-United States Jurisdictions.

Linqto controls this Application from its offices in the United States of America. Linqto makes no representation that the Linqto Content and Participant Content (collectively, “Materials”) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. If you choose to access this Application from other locations, you do so at your own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. laws and regulations.

13. Choice Of Law, Venue and ADR.

(a) Governing Law. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Except as set forth below, any claim or dispute between you and Linqto that arises in whole or in part from the Linqto Application shall be decided exclusively by a court of competent jurisdiction located in Monterey County, California. Notwithstanding anything to the contrary Linqto may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

(b) Alternative Dispute Resolution. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Improperly Filed Claims. All claims between you and Linqto must be resolved in accordance with this Section 13. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Linqto may recover attorneys’ fees and costs up to $1,000, provided that Linqto has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Linqto file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified Linqto in writing of the improperly filed claim, and Linqto fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.

14. Digital Millennium Copyright Act.

(a) Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any Participant Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Linqto’s designated Copyright Agent to receive notifications of claimed infringement is: William Sarris, PO 1193, Pebble Beach, CA 93953. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Linqto customer service through support@Linqto.com. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.

(c) Counter-Notice. If you believe that your Participant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Participant Content, you may send a counter-notice containing the following information to the Copyright Agent:

(i) Your physical or electronic signature;

(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Monterey, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

(d) If a counter-notice is received by the Copyright Agent, Linqto may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Linqto's sole discretion.

15. Miscellaneous.

These Terms of Use, together with any notices contained on this Application, constitute the entire agreement with respect to access to and use of this Application and its content. If any provision of these Terms of Use is illegal, invalid or unenforceable, then that provision shall be severed from the remaining provisions, which shall remain in full force and effect. Your subscription may not be assigned by you without Linqto’s prior written consent, which will not be unreasonably withheld. Any rights not expressly granted herein are reserved and may be assigned or transferred by Linqto. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Linqto’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. You acknowledge that this website, the Application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Application, or any part of the Application, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Application to anyone who you have reason to know may use the Application in the development of nuclear, chemical, or biological weapons.

16. Changes.

These Terms of Use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Applications. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Applications following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

17. Contact Information:

Linqto, Inc.
Address: PO 1193, Pebble Beach, CA 93953
Email: support@linqto.com