Terms of Service (TOS)
Thank you for visiting the LinkSnappy Ltd located at www.linksnappy.com (the "Site"). The Site is an Internet property of LinkSnappy Ltd and its affiliated companies ("LinkSnappy," "we" or "us"). You agree to the following LinkSnappy Ltd Website Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (a) access or use the Site; (b) register as a elite member on the Site ("Elite Access" ), which enables you to access the various Elite Member services detailed below ("Elite Services"). These Terms and Conditions are inclusive of the LinkSnappy's Privacy Policy ("Privacy Policy") and any and all other applicable LinkSnappy Ltd's operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be changed from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").
Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site or Services in any manner or form whatsoever.
1. Scope of Agreement.You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and LinkSnappy with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. LinkSnappy may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check the Site for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that LinkSnappy is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.
2. Modification of Agreement.We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that LinkSnappy is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.
3. Requirements.The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
4. Registration.In order to obtain Elite Services, you must first submit the applicable application form ("Application") to LinkSnappy for review and initial approval. LinkSnappy reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Elite Services may include, without limitation: (i) your e-mail address; (ii) your credit card information (as defined below) information (depending on your preferred means of payment); and (iv) any other information requested by us on the Application ("Elite Services Registration Data")You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. LinkSnappy will verify and approve all Applications in accordance with its standard verification procedures.
If LinkSnappy approves your Application to become a Elite Member, you can set up your account ("LinkSnappy Account") .You can access your LinkSnappy Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your LinkSnappy Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your LinkSnappy Account, user name and password including, without limitation, any and all purchases made therethrough.
5. Rejection/Termination.LinkSnappy may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where LinkSnappy believes that you are in any way in breach of the Agreement; and (b) where LinkSnappy believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.
6. Description of Services.LinkSnappy will not be liable in any respect for lost, stolen or misdirected Member Content, for any failure to secure or protect Member Content and/or for failure use the Download features properly. You should keep copies of all Download Content submitted to the Site. You understand and agree that LinkSnappy is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the Download features.
This site may contain links to third-party web sites. Those sites are independently managed and maintained by such third-party companies or individuals.7. Member Content.
As a Member, you agree that you are solely responsible for the files downloaded by you through the Site, and for any and all subsequent uses of the Generated URLs. If you post Download Generated URLs, you represent and warrant that you have all necessary ownership or other rights. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Generated URLs, and your performance under the Agreement, you agree not to: (a) download any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) download any content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) download any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) download any audio files, text, photographs, videos or other images containing confidential information without prior authorization; (e) download any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by LinkSnappy, without our specific prior written consent; (g) harvest or collect personal information about end-users or other third parties, without their express consent; (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or related content; (i) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (l) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of LinkSnappy. LinkSnappy reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, LinkSnappy reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
8. Non-Endorsement/Neutral Party.Notwithstanding the foregoing, LinkSnappy undertakes no responsibility to monitor or otherwise police the Content made available by Members. LinkSnappy operates the Site and Services as a neutral party, and LinkSnappy does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by LinkSnappy of that Member. LinkSnappy is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.
9. Elite Membership Fees.Upon registering for the Elite Services and providing the requisite Elite Services Registration Data, the credit or debit card that you provided during registration or updated at a later date (Active Credit Card); account, as applicable, will be charged the applicable amount depending on the Elite Membership package selected.
(a) Where you select a Seven (7) days Trial Membership, your Active Credit Card, will be charged Four Dollars and Ninety-Nine Cents ($4.99).
(b) Where you select a Thirty (30) days Elite Membership, your Active Credit Card, will be charged Twelve Dollars and Ninety-Nine Cents ($12.99).
(c) Where you select a Ninety (90) days Elite Membership, your Active Credit Card, will be charged Twenty Nine Dollars and Ninety-Nine Cents ($29.99).
(d) Where you select a hundred and eighty (180) days Elite Membership, will be charged Fifty Four Dollars and Ninety-Nine Cents ($54.99).
Items (a) through (o) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Active Credit Card bill as applicable, as "LinkSnappy"
All Fees for items (a) through (e) are payable in US Dollar. Failure to use the Elite Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of LinkSnappy in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), LinkSnappy reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
LinkSnappy's™ authorization to provide and bill for the Elite Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. LinkSnappy's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Elite Member account may be deactivated, and access to the Site and/or Services denied, for non-payment.
10. Cancellation of Membership.You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with LinkSnappy. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 hereinbelow shall immediately terminate. The following conditions apply to any Elite Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by LinkSnappy.
11. Referrals.As a Member, you may refer additional Members (each, a "Referral") to LinkSnappy. Where such Referrals submit Applications for Elite Membership, and where LinkSnappy accepts the application of the applicable Referrals ("Successful Referral"), the referring Member shall receive certain bonus payments from LinkSnappy ("Referral Payments")(Usually 30%). The Referral Payments shall only be available to Members whose accounts are in good standing. All determinations regarding Referrals and associated Referral Payments shall be made by LinkSnappy in its sole discretion. You understand and agree that LinkSnappy is not responsible or liable in any manner whatsoever for your inability to qualify for Referral Payments.
12. License Grant.As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Generated URLs, Site, Services and associated content (collectively, "LinkSnappy Content"). LinkSnappy may terminate this license at any time for any reason. Unless otherwise expressly authorized by LinkSnappy, you may only use the Site and the LinkSnappy Content for your own personal, non-commercial use. No part of the LinkSnappy Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect LinkSnappy Content except as expressly permitted by LinkSnappy. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer LinkSnappy Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the LinkSnappy Content. You may not use the LinkSnappy Content in conjunction with any other third-party content. You may not exploit any aspect of the LinkSnappy Content for any commercial purposes not expressly permitted by LinkSnappy. You further agree to indemnify and hold harmless LinkSnappy for your failure to comply with this Section 12. LinkSnappy reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights.The LinkSnappy Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the LinkSnappy Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the LinkSnappy Content is strictly prohibited. You do not acquire ownership rights to any LinkSnappy Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
14. Copyright Infringement Notice.Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, LinkSnappy reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to LinkSnappy and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, LinkSnappy reserves the right to terminate the infringing Member's account and access to the Site and/or Services. LinkSnappy may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), LinkSnappy has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. LinkSnappy respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact LinkSnappy using contact button at home page.
15. Legal Warning.Any attempt by any individual, whether or not an LinkSnappy customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and LinkSnappy will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Representations and Warranties.Member hereby represents and warrants to LinkSnappy that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Content and any use thereof.
17. Indemnification.You agree to indemnify and hold LinkSnappy, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the LinkSnappy Content in any way; (b) your breach of the Agreement; (c) the Member Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of LinkSnappy, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
18. Disclaimer of Warranties.THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LINKSNAPPY MAKES NO WARRANTY THAT THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LINKSNAPPY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, DOWNLOADER AND/OR GENERATED URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKSNAPPY OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
19. Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKSNAPPY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKSNAPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE LINKSNAPPY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF LINKSNAPPY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR LINKSNAPPY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINKSNAPPY. ACCESS TO THE SITE, SERVICES, DOWNLOADER, GENERATED URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS LINKSNAPPY'S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Third Party Websites.The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. LinkSnappy does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by LinkSnappy of the applicable website or any association with the website's operators. Because LinkSnappy has no control over such websites and resources, you agree that LinkSnappy is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that LinkSnappy shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
21. Editing, Deleting and Modification.We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.
22. User Information.All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. To access the Privacy Policy, please visit privacy policy section under “Useful links” below.
23. Dispute Resolution Provisions.The Agreement shall be treated as though it were executed and performed in Chicago, Chicago and shall be governed by and construed in accordance with the laws of the State of Chicago (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Chicago, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against LinkSnappy and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that LinkSnappy incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
24. Miscellaneous.To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
25. Fair Usage PolicyThis policy has been recently introduced in LinkSnappy to avoid leechers, bots and account sharers from abusing our services. Some users even try to commit copyright infringement. They tend to overuse the resources to an extent which can impair the experience of other LinkSnappy users. Though we offer unmetered global filehost traffic, after a certain sustained heavy usage from a user, we tend to prioritize premium traffic for other users. This practice helps to optimize overall network performance and maintain a quality service experience for as many customers as possible.
26. Referral System
- This is a limited period offer and we (LinkSnappy Ltd) reserves the right to end any offer at its sole discretion without any prior notice
- LinkSnappy reserves the right to, at our sole discretion, to change, modify, add or remove any offer relation context
- You are not bound in any way to participate in the offer and any such participation is voluntary
- LinkSnappy reserves the right, in its sole discretion, to disqualify any user that attempts to tamper with the offer or violates the policy for his own personal greed.
Referral Cancellation
- The referee who enrolls should not be a returning or existing LinkSnappy customer, if so your account would be marked and the referee would be counted as invalid.
- The person who signed up did not use your referral link would count as an invalid referral
- Our fraud detection system rejected the referee you referred
- Opening Multiple Accounts, Including with different e-mail addresses, for the same person in order to gain referral bonus would result in referral account termination
If you have any questions about the Agreement or about the practices of LinkSnappy, please feel free to contact us using our contact us pane on home page.