Terms Of Use

About These Terms

Welcome to Limk! Limk Inc. (“Limk,” “We,” “Us,” and “Our”) allows websites and other platforms to show their users more relevant content – made available from their own sites or from third party content owners. This content includes a wide range or articles, product reviews, videos and blog posts. The content usually appears in “thumbnail” form at the bottom or side of a page, and has a link that identifies the content as being placed with our help. Our mission is to help websites, applications and other services use their free space to show content that is both relevant and interesting, while also subsidizing their own (usually free) content.

These Terms of Service (the “Terms”) are an agreement between you (the “User,” “You”) and us (Limk), which you are accepting online by accessing our platform or this website (the “Website”). The Terms govern your use of all Limk features and software, this Website, and the Limk “Related Content Widgets” that permits the linkage of content describe above (the “Related Content Widgets” or the “Limk Related Content Widgets”) (collectively, our “Services,”) as supplemented by other policies we may post, or agreements we and you may enter into. By agreeing to these Terms, you also agree to our Privacy Policy.

 

1. Your Eligibility to Use Our Services: As a Publisher

In order to use our Limk Related Content Widgets you must agree to the terms in our Publisher Agreement.

Do not click through that agreement or access the Related Content Widgets if your website or service (a) displays pornography or adult content, (b) violates any law, including any law regarding gambling, or (c) incites hatred of any societal, ethnic, religious or other group(s), including regarding persons of any sexual orientation. Likewise, do not click through that agreement or access the Related Content Widgets if you are not formally authorized to do so on behalf of the operator of the website on which the Limk Related Content Widgets would be used.

 

2. Your Eligibility to Use Our Services: As a Marketer

You may wish to engage us to promote your content through the Limk Related Content Widgets. To do so, please go here

Do not access our Services if the content you seek to promote (a) displays pornography or adult content, (b) violates any law, including any law regarding gambling, or (c) incites hatred of any societal, ethnic, religious or other group(s), including regarding persons of any sexual orientation. Likewise, do not access our Services if you are not formally authorized to do so on behalf of the owner (or another authorized licensor) of the content you are seeking to promote.

 

3. Limk is a Platform: We Are Not Liable for Content Displayed Through Our Platform

Limk is a platform for content distribution: this means we do not author, nor do we endorse, content displayed through the Limk Related Content Widgets. We have not reviewed, and cannot review, all of the material, displayed in the Limk Related Content Widgets, and are not responsible for that material’s content, use or effects. By operating the Limk Related Content Widgets, Limk does not represent or imply that it believes such material to be accurate, useful or non-harmful. Notwithstanding these Terms and any other steps we may take to provide high quality content, the Limk Related Content Widgets may display content that is offensive, indecent, or otherwise objectionable to some, or content containing inaccuracies. The Limk Related Content Widgets may contain material from websites that have commercial or advertising purposes, or that infringe rights held by third parties. In any of these events, you understand that Limk disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

4. Our Privacy Policy

Our Privacy Policy is posted here. We recommend that you read it to learn more about how this Website, and our Services treat information that we collect and use, and how you can opt out of aspects of our Services.

 

5. Our Right to Terminate or Refuse Your Account

In addition to the above, without limiting anything else in these Terms, Limk has the right (though not the obligation), in our sole discretion to (i) refuse or remove the Limk Related Content Widgets on your site if your site, in Limk’s reasonable opinion, violates any Limk policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Limk Related Content Widgets to any individual or entity for any reason, in our sole discretion. If we do so based on your violation of these Terms, Limk will have no obligation to provide a refund of any amounts previously paid.

 

6. Our Intellectual Property and Other Proprietary Rights

This website, its architecture and all content on it is proprietary to Limk, its corporate affiliates, its suppliers and/or its customers. You are not permitted to ‘scrape’ any personal information from this website, or to use information gathered from this website to (a) compete with Limk or (b) provide any service related to Limk.

In addition, “Limk,” “Limk.com,” the Limk.com logo(s), and all other trademarks, service marks, graphics and logos used in connection with the Limk Related Content Widgets, this Website or our Services are trademarks or registered trademarks of Limk or Limk’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Limk or third-party trademarks.

 

7. Termination

Limk may terminate your access to all or any part of the Limk Related Content Widgets at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your subscription to the Limk Related Content Widgets (if you have one), you may simply remove the service from your site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

8. Disclaimer of Warranties

The Limk Related Content Widgets and our other Services are made available on an “As Is” basis. You understand that Limk and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Limk nor its suppliers and licensors (nor its corporate affiliates) makes any warranty that the Limk Related Content Widgets will be error-free or that access to it will be continuous or uninterrupted.

 

9. Limitation of Liability

You agree that in no event will Limk, its suppliers or licensors be liable to you under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Further, in no event shall Limk be liable to you for any amount greater than one thousand dollars ($1,000). The foregoing shall not apply to the extent prohibited by applicable law.

 

10. Dispute Resolution/Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, including this Section 10 (referred to as a “Claim”) will be resolved as follows:

(10.1) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10.4 below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested.

You will send your notice by email to [email protected] AND to the address listed directly below. For Administrative Users, we will send our notice to the email AND U.S. mailing address associated with your account. For Members, we will send your notice by email to the email address associated with your Member account.

Limk Inc.
444 Castro St, Suite 1200
Mountain View, CA, 94041

 

(10.2) Formal Resolution. Except as provided in Section 10.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOS. If there is a conflict between JAMS Rules and the rules set forth in this TOS, the rules set forth in this TOS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

(a) Members. If you are an Member and you decide to initiate arbitration, we agree to reimburse your arbitration initiation fee, and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

(1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

JAMS
500 North State College Blvd., Suite 600
Orange, CA 92868
1-800-352-5267

(3) Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.

(b) Administrative Users. If you are an Administrative User on a paid account and you decide to initiate arbitration on behalf of the company or business you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required by JAMS to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

(1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

JAMS
500 North State College Blvd., Suite 600
Orange, CA 92868
1-800-352-5267

(3) Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.

 

(10.3) Special Rules. (a) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (b) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 10 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.

 

(10.4) Exceptions. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.

 

11. Indemnification

You agree to indemnify and hold harmless Limk, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Limk Related Content Widgets, the Website or our Services, including but not limited to out of your violation this Agreement.

 

12. Copyright Infringement and DMCA Policy

We may permit users, our customers, and others to share their views and opinions on our Website. As Limk asks others to respect its intellectual property rights, it respects the intellectual property rights of others. We take claims of copyright infringement seriously. If you believe in good faith that your copyrighted work has been reproduced on our Website or through the Limk Related Content Widgets without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either. This contact information is only for suspected copyright infringement.

Please include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available on our Website or through the Limk Related Content Widgets, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as (as applicable) the precise url (web page) that it appeared on and/or the precise url (web page) that the Limk thumbnail links to, along with any copies you have of that web page.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are, or are authorized to act on behalf of the copyright owner.

Please be aware that if you knowingly materially misrepresent that material or activity on or through the Limk Related Content Widgets is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Copyright Agent:
Limk Inc., c/o legal counsel, 444 Castro St, Mountain View, CA 94041; [email protected]

 

13. Changes

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement. You agree that you will check this Agreement periodically for changes. Your continued use of or access to the Limk Related Content Widgets following the posting of any changes to this Agreement constitutes acceptance of those changes. Limk may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

14. Disputes

This Agreement, your use of our Services and this Website shall be governed by the laws of the State of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware, Delaware. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure solely to the benefit of the parties, their successors and permitted assigns.