Effective as of may 25, 2018
Linqq ™ and its affiliates (“Epton Applications Pvt Ltd.” or the “Company”) are committed to protecting the privacy of individuals who visit the Company’s Web sites and individuals who register to use the Linqq™ Services, as defined below. This Linqq™ Member and Visitor Privacy Statement describes the Company’s privacy practices in relation to the use of the Company’s Web sites and the related applications and services offered by the Company under the “Linqq™” brand (the “Linqq™ Services”).
1. Web Sites Covered
This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement, (referred to as “the Company’s Web sites”). The Company’s Web site may contain links to other Web sites. The information practices or the content of such other Web sites are governed by the privacy statements of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.
2. Information Collected
The Company collects individually-identifiable information from individuals who visit the Company’s Web site WWW.linqqapp.com (“Web Site Visitors”) and individuals who register to use the linqq™ Services, including Linqq™ Members (“Customers”). Important note: registering to use the Linqq™ Services, or becoming a Linqq™ Member, does not automatically add your contact information to the Linqq™. When expressing an interest in obtaining additional information about the Linqq™ Services or registering to use the Linqq™ Services, the Company requires you to provide the Company with contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Linqq™ Services, you may require to provide certain details to the respective payment gateway portal and the terms and conditions of the respective payment gateway portal shall be applicable. The Company may also ask you to provide, or otherwise allow you to share additional information, which you may choose to share in your registration for or use of the Linqq™ Services (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About Customers.” As you navigate the Company’s Web site or use the linqq™ Services, the Company may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, HTTP header information and the actions you take on the Company’s Web site (such as the Web pages viewed, and the links clicked).
3. Use of Information Collected
The Company uses Data About Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the linqq™ Services. The Company may also use Data About Customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the linqq™ Services and to send you information regarding the Company, its affiliates and its partners, such as information about promotions or events. The Company uses Web Site Navigational Information to operate and improve the Company’s Web sites. The Company may also use Web Site Navigational Information alone or in combination with Data About Customers to provide personalized information about the Company and the Linqq™ Services. For additional information about the use of Web Site Navigational Information, please view the Web Site Navigational Information section of this Privacy Statement. The Company may use both Data About Customers and Web Site Navigational Information to enforce the Company’s Web site policies, to protect the Company’s rights and intellectual property, or the rights of others using the Company’s Web sites or the Linqq™ Services.
4. Web Site Navigational Information
The Company uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information from the computers or mobile devices of linqq™ Members, Customers and Web Site Visitors as they navigate the Company’s Web site, interact with emails sent by the Company or on its behalf, or use the Linqq™ Services (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information used on the Company’s Web sites and in connection with the Linqq™ Services, and how this information may be used.
1. Type of Cookies: Required cookies.
2. Type of Cookies: Performance cookies.
Description: These cookies collect information about how Web Site Visitors use the Company’s Web site, including which pages visitors go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies a Web Site Visitor. All information these cookies collect is aggregated and anonymous. It is only used to improve how the
Company’s Web site functions and performs. From time-to-time, the Company engages third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites. The Company may also utilize Flash cookies for these purposes. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.
Managing Settings: To learn how to opt out of performance cookies using your browser settings click here. To learn how to manage privacy and storage settings for Flash cookies click here.
3. Type of Cookies: Functionality cookies.
Description: Functionality cookies allow the Company’s Web site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Linqq™ Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
The Company may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on the Company’s Web sites to personalize your visit. Managing Settings: To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when visiting the Company’s Web
site. To learn how to manage privacy and storage settings for Flash cookies click here.
4. Type of Cookies: Analytics, Targeting and Advertising cookies.
information provided to third parties does not include personal information, but this information may be re-associated with personal information after the Company receives it. The Company may also contract with third-party advertising networks that collect IP addresses and other information from the Company’s Web site, from emails, and on third-party Web sites. Ad networks follow your online activities over time by collecting Web Site Navigational Information
features on our Company Web site or to display advertising based upon your Web browsing activity, may use Flash cookies to collect and store information. Managing Settings: To learn more about advertising networks and their opt out instructions, click here and here. To learn how to opt out of these cookies using your browser settings click here, and to learn how to manage privacy and storage settings for Flash cookies click here.
Cookies that are used as part of the Linqq™ Services (in the proxy) may include cookies of a third-party Web site that is being co-browsed, for example, in order to deliver the Web site as intended by the third party Web site operator. The cookie practices of such Web sites are governed by their own respective privacy statements. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.
Web Beacons The Company may use Web beacons alone or in conjunction with cookies to compile information about Linqq™ Members, Customers and Web Site Visitors’ usage of the Company’s Web site and interaction with emails from the
Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, the Company may place Webbeacons in marketing emails that notify the Company when you open the email or when you click on a link in the email that directs you to one of the Company’s Web sites. The Company may use Web beacons to operate and improve the Company’s Web site and email communications. The Company may use information from Web beacons in combination with Data About Customers to provide you with information about the Company and the Linqq™ Services.
IP Addresses and URLs Due to Internet communications standards, when you visit or use the Company’s Web site, the Company automatically receives the URL of the Web site from which you came and the Web site to which you go when you leave the Company’s Web site. The Company also receives your computer’s Internet Protocol (IP) address (or the proxy server you use to access the World
Wide Web), your computer operating system, the type of Web browser you are
using, and your Internet Service Provider (ISP). This information is used to analyze overall trends to help us improve the Linqq™ Service and to track and aggregate non-personal information. For example, the Company uses IP addresses to monitor the regions from which Linqq™ Members, Customers and Web Site Visitors navigate the Company’s Web site. The Company may collect aggregated data regarding use of the Linqq™ Services and the Company’s Web site, including, without limitation, number of Web Site Visitors to the Company’s Web site, frequency and patterns of use, tag usage, feedback request trends, etc. (“Aggregated Data”). The Company uses Aggregated Data as a statistical measure and not in a manner that would identify you personally. Aggregated Data enables the Company to determine how often certain parts of the Company’s Web site or the Linqq™ Services are used so that we can improve them. The Company may make use of, or make such Aggregated Data available to, third parties, in any
manner in our sole discretion.
5. Social Media Features
Currently, various browsers – including Internet Explorer, Firefox, and Safari – offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. www.linqqapp.in does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Linqqapp.com takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
6. Customer Data
7. Correcting and Updating Your Information
Members may access or update their registration information using the “settings” area of the Company’s Web site. Members and Customers may also submit such requests to email@example.com. For having your registration information deleted, please contact firstname.lastname@example.org To discontinue your account, you can using the “settings” area of the Web site or alternatively, you may send a request to email@example.com Requests to access, change, or delete your information will be handled within 30 days.
8. Communications Preferences
The Company offers Linqq™ Members, Customers and Web Site Visitors who provide contact information a means to choose how the Company uses the information provided. Members and Customers may manage your receipt of marketing and non-transactional communications by sending a request specifying your communications preferences to Linqq™ Support e-mail id firstname.lastname@example.org Individuals cannot opt out of receiving transactional emails related to their business relationship with the Company.
9. Sharing of Information Collected
Business Partners From time to time, the Company may partner with other companies to jointly offer products or services. If you purchase or specifically
express interest in a jointly-offered product or service from the Company, the Company may share Data About Customers collected in connection with your purchase or expression of interest with our joint promotion partner(s). The Company does not control its business partners’ use of the Data About Customers, and their use of the information will be in accordance with their own privacy
policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
The Company may share Data About Customers with the Company’s contracted service providers, such as payment processors, so that these service providers can provide services on the Company’s behalf. The Company may also share Data About Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this Privacy Statement, the Company does not share, sell, rent, or trade Data About Customers with third parties for their promotional purposes.
The Company may share Data About Customers with other members and affiliates in order to work with them. For example, the Company may need to share Data About Customers for customer relationship management purposes.
The company may use a third party service provider to manage credit card/debit card/net banking processing. this service provider is not permitted to store, retain ,or use billing information expect for the sole purpose of payment processing on the company’s behalf.
This Privacy Statement sets forth the information www.linqqapp.com / mobile application collects on the Company’s Web sites and the information we share with third parties. linqq™ does not authorize the collection of personal information by third parties through advertising technologies deployed on the Company’s Web sites, nor do we share personal information with any third parties collected from the Company’s Web sites, except as provided in this Privacy
Statement. Section 4 of this Privacy Statement, Web Site Navigational Information, specifically addresses the information we collect through cookies and web beacons, and how you can control cookies through your Web browsers.
The Company reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.
10. Public Forums and Customer Testimonials
The Company may provide bulletin boards, blogs, or chat rooms on the Company’s Web site. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. The Company is not responsible for the personal information you choose to submit in these forums. Customers and Web Site Visitors may elect to use the Company’s referral program to inform friends about the Company’s Web sites and the linqq™ Services. The Company does not store this information. The Company may post a list of customer testimonials on the Company’s Web site that contain information such as names and titles of customer personnel. The Company obtains the consent of each customer prior to
posting any information on such a list or posting testimonials.
11. International Transfer of Information Collected
To facilitate the Company’s global operations, the Company may transfer and access Data About Customers from around the world, including the United States. This Linqq™ Member and Web Site Visitor Privacy Statement shall apply even if the Company transfers Data About Customers to other countries.
The Company takes precautions, including appropriate administrative, technical and physical measures, to protect Data About Customers against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction. When we collect or transmit credit card numbers, we use industry standard methods to protect such information. Customers are solely responsible for protecting their passwords, limiting access to their computers, and signing out of the Linqq™ Services after their sessions.
13. Changes to this Privacy Statement
The Company reserves the right to change this Linqq™ Member and Web Site Visitor Privacy Statement. The Company will provide notification of material changes to these Privacy Statements through the Company’s Web site, or by other means, to provide you the opportunity to review the changes before they become effective.
14. Contacting Us
Questions regarding this Linqq™ Member and Web Site Visitor Privacy The statement or the information practices of the Company should be directed to the Company by contacting Linqq™ Support at email@example.com or by mailing Linqq
Building No. 13
Pin Code- 110026
Copyright © 2018 Epton Applications Pvt. Ltd. All Rights Reserved.
and/or Linqq mobile applications. (collectively, the “WWW.LINQQAPP.COM”), and/or (hereinafter, “or”) if, through any Internet enabled mechanism, You access data, information, products, services, or applications (collectively, “Services”) made available by or from www.linqqapp.com or its mobile applications.
2.LEGALLY BINDING AGREEMENT
By accessing the Website or Services, You represent and warrant that You have read and understood, and agree to be bound by these TOU and that You acknowledge the adequacy of consideration of this Agreement. Please review this document carefully, as it is a legally binding document between You and linqq™. BY ACCEPTING THIS AGREEMENT, EITHER THROUGH CLICKING ‘PROCEED’ OR CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT EXECUTE AN ORDER FORM OR OTHERWISE ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE Linqq™ SERVICES. IF YOU DO NOT AGREE TO THESE TOU, YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE AND THE SERVICES AND MUST EXIT IMMEDIATELY. To the maximum extent permitted and enforceable under applicable law, Epton Applications Pvt Ltd. reserves the right to modify the terms and conditions of this Agreement at any time, effective upon the posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Your continued use of the Services after any such changes shall constitute Your consent to such changes. Updates to the TOU will be indicated by the “Effective Date” in the Introduction section of this Agreement. If You do not agree to such modifications and updates, please exit the Website and Services immediately.
The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW and are not barred from accessing the website or services under the laws of any applicable jurisdiction.
4.1 Privacy Statement: By accessing the Website, You consent to the collection and use of certain information about You, as specified in the Linqq™ Member and Web Site Visitor Privacy Statement (“Privacy Statement”), incorporated hereto. Linqq™ encourages users of the Website to frequently check the Privacy Statement. By accessing the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Privacy Statement. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY STATEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
4.2 Modification to Privacy Statement. Epton Applications Pvt Ltd.
RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY STATEMENT AT ANY TIME. To the maximum extent permitted and enforceable under applicable law, EAPL reserves the right to modify the terms and conditions of the Privacy Statement at any time, effective upon the posting of an updated version of the Privacy Statement. You are responsible for regularly reviewing the Privacy Statement and continued use of the Services after any such changes shall constitute Your consent to such changes. Notice of any such change will be given by the posting of an updated Privacy Statement or a change notice on the Website. It is Your responsibility to review the Privacy Statement periodically. If at any time You find anything unacceptable, You must immediately leave the Website and refrain from using the Website and Services.
5. MEMBER REGISTRATION
5.1 By accessing the Website, You are not automatically a Linqq™ Member; You are a “Website Visitor”. In order to become a Linqq™ Member, You are required to complete a registration process. You certify, represent and warrant that the information You provide therein is true, accurate, complete, current, and that it belongs to You. You shall keep Your information complete and up to date at all
times. Failure to maintain Your registration information may cause Your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring Your account, changing Your password periodically and notifying Linqq™ immediately of any unauthorized use or breach of security of Your password or other information.
Subject to Your compliance with the terms and conditions of this Agreement, and any other agreement between You and Linqq™, Linqq™ grants You a nonexclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website, Mobile Application and other Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the
intellectual property of Linqq™, or any other party. In the event that You breach any provision of this Agreement, Your rights under this paragraph will immediately get terminated. By accepting this license, You agree that all information contained within Linqq™ is the proprietary, confidential information of Linqq™, that You will safeguard and protect such information, and that You will use the information in accordance with this Agreement’s Code of Conduct.
Your obligations set forth in this Agreement shall survive termination of this Agreement. To the extent You elect to submit contact or company information (including portions thereof) to Linqq™ , You hereby grant Linqq™ a royalty free, worldwide, irrevocable, perpetual license to use and incorporate into the Website and Services any such submitted information (including any portions thereof submitted by You) and distribute such information through the Website and Services.
7.CODE OF CONDUCT
This section sets forth the Linqq™ Code of Conduct (the “Code”). All Members and Website Visitors must fully comply with this Code at alltimes. You certify, represent and warrant that You will not violate this Code.
(A) Restrictions on Inputting Information. You shall not enter illegal or improper information into the Website or in or through the Services, including, without limitation, the following:
1. Information subject to confidentiality, nondisclosure, noncompetition, trade secret or proprietary rights, limitations or restrictions;
2. Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
3. Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
4. Information that infringes the copyrights or intellectual property rights of others;
5. Information that You do not have the necessary rights and/or licenses to enter.
6. Information that is defamatory, libellous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
7. Information that is personal or non-business related, including, but not limited to, home addresses, Social Security numbers, credit card numbers, mobile or cellular telephone numbers;
8. Information that advocates or encourages conduct that could constitute a criminal offense;
9. Information that is actionable or may subject Linqq™ to legal action or liability of any kind;
10. Information that violates any provision of this Agreement or any other agreement or policy set forth by Linqq™.
11. Information that violates any applicable local, state, national or international law, regulation, or convention; or (B) Use of Information Obtained via Website/Services. Linqq™ has no actual control over Your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation,
1. To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or
racially, ethnically or otherwise objectionable;
2. In violation of any local, state, national or international laws, regulations or conventions;
3. To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
4. In connection with any individual credit, employment, or insurance decision;
5. To associate, attribute, collect, store, distribute or otherwise process any nonbusiness information related to anyone;
6. For unethical marketing activities;
7. To prepare or compile information that is distributed in any manner or form to any third-party;
8. To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
9. For any purpose, activity or in any manner that is criminal, illegal or actionable;
10. To disclose or solicit the private, nonbusiness, information of any person;
11. For sale, resale, sublicense, commercial use, or redistribution of any kind, without Linqq™’s express, prior consent.
(C) Acts against the Website/Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
1. Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of Linqq™;
2. Causing, allowing or assisting any other person to use Your account or impersonate You;
3. Falsely stating or otherwise misrepresenting Your affiliation with any person or entity;
4. Logging onto a server or account that You are not authorized to access;
5. Forging screen names manipulating identifiers, or otherwise impersonating any other person or misrepresenting Your identity or affiliation with any person or entity;
6. Emulating or faking usage of the Website or Services;
7. Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
8. Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
9. Using the Website or Services in contravention of any other agreement to which You are a party, including without limitation any employment agreement to which You may be a party;
10. Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
11. Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the
12. Sharing Your password or login with any other person;
13. Tampering with the operation, functionality or the security of the Website or Services;
14. Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
15. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
16. Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
17. Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
18. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
19. Violating or attempting to violate any security features of the Website;
20. Uploading, posting, transmitting, sharing, storing or otherwise making available any content that Linqq™ deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and
21. Without Linqq™’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit) or soliciting others or using the Website for commercial purposes of any kind.
(D) Suspected Misuse and Penalties. Linqq™ may monitor the Website and Services for misuse of the Code. Linqq™ shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, Linqq™ reserves the right to immediately and without notice:
1. Delete or modify content;
2. Identify You to necessary law agencies ;
3. Take legal action.
4. Suspend Your account;
5. Terminate Your account;
Linqq™ intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. Linqq™ reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
8. INTELLECTUAL PROPERTY
The Website/ Mobile application and all content and materials located thereon, including without limitation any Linqq™ names and logos (the “Linqq™ Marks”), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Linqq™ or
its licensors. Except as explicitly provided, neither the Website nor this Agreement grant You any right, title or interest in or to any such content or materials. The Linqq™ Marks are trademarks or registered trademarks of Linqq™. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2018,
Epton Applications Pvt Ltd., ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by Linqq™ in a signed writing, You have no intellectual property or other rights in the information You contribute to the Directory. As Linqq™ asks others to respect its intellectual property rights, Linqq™ respects the intellectual property rights of others. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Likewise, if You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Linqq™ to delete, edit, or disable the material in question, You must provide Linqq™ with all of the following information:
1. (a) physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that I allegedly infringed;
2.identification of the material that is claimed to be infringed 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 Linqq™ to locate the material;
3.identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
4.information reasonably sufficient to permit Linqq™ to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted;
5. (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. For this notification to be
effective, You must provide it to Linqq™’s designated representative at:
Epton Applications Pvt Ltd
Street No. 78
6. (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
9. COPYRIGHT INFRINGEMENT POLICY
Linqq™ respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Linqq™’s Copyright Agent at the email address firstname.lastname@example.org with the information specified below in the form of a “Notification of Alleged
Infringement.” It is Linqq™’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of
Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a User or subscriber and concerned about the removal of or blocked access to your content, please provide Linqq™’s Copyright Agent with the written information specified below in the form of a “Counter Notification.” The forms specified below are consistent with the forms suggested by The Copyright Act, 1957 as amended up to 2012 (the text of which can be found at the Indian Copyright Office Website at http://www.copyright.gov.in ).
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
1. Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled
3. Identification of the copyrighted material claimed to have been infringed
4. Information reasonably sufficient to permit Linqq™ to contact person submitting the Notification, such as a physical address, email address, and telephone number
5. Information reasonably sufficient to permit Linqq™ to locate the material that is claimed to be infringing or to be the subject of infringing activity
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the person submitting the Notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. A statement that the person submitting the Notification has 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.
10. THIRD PARTY WEBSITE
damages or other harm, whether to You or third parties, resulting from Your use of Third-party Sites. Please take all protections necessary to protect Yourself and Your computer system when accessing Third-party Sites, particularly when downloading or purchasing anything therefrom.
You agree to indemnify and hold Linqq™, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of or in connection with:
(1) Your use of the Website or Services; (2) any violation of this Agreement (including, without limitation, the Code) ; (3) Your violation of any applicable law or the intellectual property rights of any third party. Linqq™ will have the right, but not the obligation, to participate through counsel of its choice in any defence by You of any Claims as to which You are required to defend, indemnify, or hard harmless Linqq™. You may not settle any Claims without the prior written consent of the concerned Linqq™ person or persons.
12. DISCLAIMERS / LIMITATION OF LIABILITY
12.1 YOUR RESPONSIBILITY FOR YOUR ACTIONS YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER WEBSITE VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
12.2 YOUR RESPONSIBILITY FOR DAMAGE YOU AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Linqq™ OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
12.3 THE LIABILITY OF Linqq™, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Linqq™, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Linqq™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF Linqq™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF INR. 5000 OR THE AMOUNT if any that YOU HAVE PAID US IN THE LAST 12 MONTHS
12.4 LIMITATION OF LIABILITY YOU AGREE THAT NEITHER Linqq™, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE OR THE SERVICES. Linqq™ IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES (INCLUDING OTHER WEBSITE VISITORS OR MEMBERS), AND YOU RELEASE Linqq™, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IN THIS REGARD.
12.5 NO WARRANTIES ALTHOUGH Linqq™ TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERRORFREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. Linqq™, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE WEBSITE AND SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER Linqq™ NOR ITS
LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
12.6 APPLICATION THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND Linqq™ OR BETWEEN YOU AND ANY OF Linqq™’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE
FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
13.1 Without altering any other provision of this Agreement, Linqq™ may terminate this Agreement without notice or liability. Linqq™ may also deny,
suspend, cancel, or terminate Your use of the Website or Services, including without limitation, for breach or suspected breach of this Agreement or of any applicable law or regulation.
13.2 Account Deletion. You can terminate this contract by deleting your Account at any time by going to the ‘Account Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted with immediate effect. Deleting your account means permanently deleting your profile and
removing access to all your information on Linqq™.
EXCEPT AS MAY OTHERWISE BE PROVIDED BELOW OR IN A SIGNED/ ACCEPTED AGREEMENT BETWEEN YOU AND Linqq™, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS OF THE WEBSITE OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of You or Linqq™ has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade
secret rights, or You have otherwise violated the Code set forth above, then You and Linqq™ acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions You enter into with a third party through the Website may be arbitrated.
Arbitration under this Agreement shall be conducted in accordance with The Indian Arbitration and Conciliation Act, 1996. The location of the arbitration shall be in New Delhi, India, and the allocation of costs and fees for such arbitration shall be borne equally by both the parties. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
15. GOVERNING LAW
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in New Delhi, India, and shall be governed by and construed in accordance with the laws of India without regard to its conflict of law principles. To the extent arbitration is not required under this Agreement, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE HON’BLE COURTS AT New Delhi, INDIA. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER
EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
To the fullest extent permitted by applicable law, NO ARBITRATION OR
CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER WEBSITE VISITORS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by You related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.
– Linqq™’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
– If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
– Linqq™ may assign its rights and duties under this Agreement to any party at any time without notice to You. Your rights and duties under this Agreement are not assignable by You without written consent of Linqq™.
– Headings are used for convenience only and are not to be used for meaning or intent.
– This Agreement,and any other signed writing between You and Linqq™ regarding the Services, constitutes the entire understanding between You and Linqq™ and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labelled “Modification to TOU”, executed by both You and an officer of Linqq™.
– Linqq™ values Your enthusiasm of its Website and Services. If You have any questions, comments, suggestions, or concerns, or if You would like to provide any notice under this Agreement, please contact us via certified mail at:
Epton Applications Pvt Ltd
Building No. 13