Terms of Service

Last Updated 02/02/2023

ACCEPTANCE OF TERMS

THESE TERMS OF USE ("Terms") ARE A LEGAL AGREEMENT BETWEEN YOU AND Linky Inc. (“we” or “us”) RELATING TO YOUR USE OF THE Foobar Inc. WEBSITE (the “Site”) AND ANY OTHER ONLINE SERVICES OR PRODUCTS PROVIDED BY US FROM TIME TO TIME (collectively, the “Services”). PLEASE READ THESE Terms carefully before using the Site or any of the Services.

ELIGIBILITY AND AGE RESTRICTIONS

By using the Site or any of the Services, you represent and warrant that you are at least 18 years old (or such higher age as required by applicable law) and that you have the legal capacity to enter into this agreement.

USE OF SITE AND SERVICES

You agree to use the Site and the Services in compliance with these Terms and any applicable laws or regulations. You shall not use the Site or the Services for any illegal or unauthorized purpose. We reserve the right to restrict or terminate your access to the Site or any of the Services at any time without notice for any reason, including, but not limited to, violation of these Terms.

CONTENT POSTED ON THE SITE

You are solely responsible for the content you post on the Sit (“User Content”). We have no responsibility for User Content, and we may remove or refuse to display any User Content at any time without notice for any reason. You grant us a non-exclusive, royalty-free, worldwide license to use, modify, and distribute your User Content in connection with the Site and the Services.

INTELLECTUAL PROPERTY RIGHTS

The Site and the Services contain intellectual property owned by us or licensed to us, including, but not limited to, trademarks, trade dress, patents, copyrights, and trade secrets (“Intellectual Property Rights”). You shall not use any Intellectual Property Rights without our prior written consent.

LINKING AND FRAMING

You may link to the Site or any of the Services from time to time, provided that you do so in a way that is consistent with these Terms and does not damage our reputation or imply any endorsement by us. We reserve the right to object to any linking or framing of the Site or any of the Services at any time without notice for any reason.

PAYMENT DETAILS

To protect ourselves and our users, we reserve the right to share payment information with third-party providers for the sole purpose of completing transactions and verifying payments. However, we will not be held responsible or liable in case a user intentionally enters incorrect or incomplete payment details, resulting in the transfer of funds to an unintended user. It is each user's responsibility to ensure that their payment details are accurate and complete at all times. In the event of a typo or other error in the provided payment details, the user will be held responsible for any losses or damages incurred as a result. We recommend that users carefully review their payment details before submitting them to us, and ensure that they are entering accurate and complete information. If you notice an error after submission, please contact us immediately so we can take steps to rectify the situation. By using our services, you acknowledge and agree to these terms and conditions, including the potential risks and consequences of sharing payment details with third-party providers.

PERSONAL INFORMATION

You acknowledge that we may collect personal information from you in connection with your use of the Site and the Services (“Personal Information”). We shall treat all Personal Information in accordance with our privacy policy, which is available on the Site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY; (II) ANY WARRANTY IMPLIED BY VIRTUAL OR HYPOTHETICAL USAGE; AND (III) ANY OTHER WARRANTY (WHETHER EXPRESS OR IMPLIED).

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, COUNSEL, AND CONSEQUENTIAL DAMAGES)

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the United States or any other jurisdiction) that would result in the application of laws other than those of Delaware.

ENTIRE AGGREEMENT

THESE TERMS REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND US FOR YOUR USE OF THE SITE AND ANY OF THE SERVICES, AND SUpersede any prior agreements, understandings, and negotiations between the parties relating to such subject matter.

AMMENDMENTS

We reserve the right to amend these Terms at any time without notice to you. Your use of the Site or any of the Services after any amendment will constitute your acceptance of and agreement to be bound by the Terms as so amended.

TERMINATION

We may terminate these Terms, your access to the Site, or any of the Services at any time without notice for any reason, including but not limited to: (I) violation of these Terms; (II) breach of any warranty or representation made by you; (III) any unauthorized use or misuse of the Site or any of the Services; or (IV) any other reason that may arise.

By using the Site and/or any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree to these Terms, please refrain from using the Site or any of the Services.