Terms and Conditions
Prior to using this website and LinksCloaking.com links, please read the following terms and conditions carefully.
The Service is offered to you on the condition that you accept the terms, conditions, and notices contained in this Agreement without modification. By registering for the Service, you (the terms "you" and "your" includes the person or entity that is registered with the Service as well as any third parties who access the Service on your behalf) acknowledge that you agree to be bound by all of the Terms and Conditions of the Service (the "Agreement") as set out herein.
All rights not expressly granted to you by this Agreement are reserved by LinksCloaking.
• To register for the Service and create an account with LinksCloaking, you must complete the registration form accurately and fully, including providing your e-mail address, a username and password. You shall protect your password and take full responsibility for all activities that occur under your account by you and any third parties. You agree to notify LinksCloaking, immediately of any security breach or unauthorized use or attempted use of your account.
• It may be necessary for LinksCloak Team, to access your account from time-to-time, for example, to provide support, conduct maintenance, or address security-related issues. Should such a situation present itself, LinksCloaking will, if practicable, notify you, of its intent to use your username and password for this purpose. Regardless of whether such notice is provided to you, you acknowledge and consent to such access as deemed necessary by LinksCloaking.
• By providing us with your e-mail address, you agree to receive all required notices by email to that address.
2. Account Activation, Terms and Termination
• In order to subscribe to the Service, you agree to pay the initial non-refundable deposit (if such deposit exists at the time of subscription) as well as all applicable service fees as described on the LinksCloaking website at www.LinksCloaking.com (the "Service Fees"). Service Fees will be billed no more frequently than once daily. Unless otherwise indicated, all Service Fees are stated in United States Dollars. All Service Fees will be charged on a monthly basis to the credit card by you during the registration process. You hereby certify to us that you are at least 18 years of age and that you are the authorized holder of the credit card account provided to us. Should your credit card account expire during the term of this Agreement and Service Fees cannot be collected, we reserve the right to deactivate your access to the Service. You hereby authorize us to charge Service Fees to any renewal credit card issued to you as a replacement card on your account.
• You are responsible for keeping all personal information you provide to us related to your account up to date and accurate, and you shall edit this information within your account as changes occur. To update your contact information, please submit your new account details to Support. To update your payment method, please visit the 'My Account' section of our website where you can make these changes.
• In order to cancel your account at any time, submit a Support Request with the name and email you used for your registration, and "request to cancel" in the subject line. As stated in our Refund Policy, NO refunds will be issued for account cancellations.
• Licenses purchased for LinksCloaking services are tied to a single account. Every business/operation must have a separate account for private or business use. LinksCloaking account users that are created within an agency account shall only consist of people who are employees of that business/operation. Customers of the business or any other party shall not be added to that business' account as LinksCloaking users. Failure to adhere to these conditions can result in LinksCloaking terminating the account, licenses and/or users without notice.
Upon receipt of your payment of the applicable Service Fees, and conditional on your compliance with the terms and conditions of this Agreement, LinksCloaking hereby grants to you a limited, revocable, non-exclusive, non-transferable license to utilize the LinksCloaking Services and software. This license is to be used by you solely for your own individual business purposes.
LinksCloaking also grants to you the non-exclusive right and license, subject to the terms set out in this Agreement, to access and use, for your own internal business purposes, any licensed beta/trial services provided by LinksCloaking.
Each Service provided under this agreement is governed by limits tied to that specific service, for example, licenses that have a limited timespan (e.g. 1 month). Each purchased license will dictate specific terms of usage and limitations.
LinksCloaking may, at its discretion, periodically update the Services, with or without prior notice to users.
5. Account Information from Third-Party Sites
As part of this agreement for the Service, you may authorize us, to collect your information from third-party providers with which you have a relationship, maintain an account or engage in services .In addition, LinksCloaking is not responsible for any products and services offered by or on third-party sites.
LinksCloaking cannot guarantee its ability to anticipate or foresees all technical or other difficulties which may result in a loss of data, failure to obtain data, or other service interruptions. LinksCloaking assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any such data or communications. For example, when displayed through the Service, Account Information is only as current as the time indicated, which reflects the time the information was obtained by LinksCloaking. Such information may be more up-to-date when obtained directly from the relevant sites.
The associated instructions provide the steps for you to take in order to refresh your Account Information through the Service.
As a condition of your use of and access to the Service, you agree to pay the Service Fees as determined by LinksCloaking.LinksCloaking may change the Service Fees for any or all of the Services at any time, effective immediately upon notice of such change being posted on our website. Fee changes will not apply to the use of the Service which occurred prior to the effective date of the relevant fee change.
8. Consent to Use of Data
The term "Confidential Information" includes any information disclosed by one Party to the other Party in relation to this Agreement which maybe disclosed electronically, in writing, or orally and is identified as "Confidential" or which a Party should reasonably believe is considered by the other Party as confidential, and any other information disclosed by LinksCloaking, that relates to the Services (including your password) that is not publicly known. In spite of the foregoing, "Confidential Information" shall not includeinformation that:
• was developed by the receiving Party independently and without any use of the other Party’s Confidential Information or by employees of the receiving Party who have no knowledge of such Confidential Information;
• becomes known to the receiving Party, without restriction, from another source without breach of this Agreement or any other obligation of confidentiality;
• was rightfully known to the receiving Party, as shown by prior documentation at the time of the information’s disclosure;
• at the time it was disclosed was in the public domain or enters the public domain through no act or omission of the receiving Party; or
• is disclosed by mutual agreement of the Parties, or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the receiving Party provides prompt notice of such disclosure to the other Party and shall use all commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
10. Proprietary Rights; Copyright; Restrictions on Use;Compliance
With the exception of the limited licenses expressing grants set out in this Agreement, LinksCloaking expressly reserves all right, title and interest in and to the Service, the content of the LinksCloaking website, and all data, analytics, processing, and other software and technology used by LinksCloaking in the provision of the Service ("LinksCloaking Technology").This includes, without limitation, any derivatives or extensions of, and improvements or enhancements to, the LinksCloaking Technology conceived, reduced topractice or otherwise developed on or on behalf of LinksCloaking, all of which are valuable assets of LinksCloaking, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
• You shall not copy all or any part of the Services. You shall not remove any notice of copyright or other proprietary rights from the Services and you must reproduce all notices of copyright and other proprietary rights on any copy you make.
• Except as expressly set out in this Agreement, you shall not:
• use, reproduce, modify or create derivative works of the Service;
• use, or allow the use of, the Service or any LinksCloaking Technology, except in accordance with the limited rights expressly set out in this Agreement;
• use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by LinksCloaking, or inconsistent with LinksCloaking’s standard security procedures, if any, which are accessible through your user interface;
• attempt to reverse engineer, hack into, or compromise any aspect of the Service or LinksCloaking technology, or attempt to access data of any other LinksCloaking customer ;
• remove, obscure or alter any legal notices,including notices of intellectual property rights appearing in or on any materials provided to you by LinksCloaking;
• use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; or
• use any robot, spider, scraper, deep link orother similar automated data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the LinksCloaking.com website or any portion of such website, without our express written consent, which may be withheld at the sole and absolute discretion of LinksCloaking.
• modify, translate, reverse engineer, decompile,or disassemble the Services; directly or indirectly export or re-export the Services;
• disclose the Services to any third party;
• transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access username and/or password; or
• Otherwise misuse LinksCloaking's website and its Services, including but not limited to:
• Breaching or otherwise circumventing any security or authentication measures;
• Probing, scanning, or testing the vulnerability of any system or network;
• Planting malware or otherwise using the Servicesto distribute malware;
• Accessing, tampering with, or using non-public areas of the Services, shared areas of the Services you have not been invited to, or LinksCloaking systems;
• Interfering with or disrupting any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of the Services;
Accessing or searching the Services by any means other than LinksCloaking’s publicly supported interfaces;
• Sending altered, deceptive or falsesource-identifying information, including “spoofing” or “phishing”;
• Sending unsolicited communications, promotions or advertisements, or spam;
• Promoting or advertising products or services other than your own without the appropriate authorization for you to do so;
• Publishing anything that is fraudulent, misleading, or infringes the rights of any other party;
• Impersonating or misrepresenting your affiliation with any person or entity;
• Publishing or sharing materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or
• Violating the law in any way, violating the privacy of others, or defaming others.
• Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. You also agree to comply with any and all applicable third-party network terms and conditions and associated programrules and policies.
You hereby agree to indemnify, hold harmless and defend LinksCloaking, at your expense, against any and all third party claims, actions, proceedings, and suits brought against LinksCloaking or any officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by LinksCloaking or any of its officers, directors, employees, agents or affiliates, arising out of or relating to:
• your breach of any term or condition of this Agreement;
• your use of the Service; or
• your unauthorized use of the Service.
In any such case, LinksCloaking will provide written notice to you of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. LinksCloaking reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. Representations and Warranties; Disclaimers; Limitations of Liability
The Service is provided "as is." The information, reports and services included in or available through the Service may inadvertently include inaccuracies or typographical errors. Revisions are made to the information herein periodically as deemed necessary by LinksCloaking. LinksCloaking and/or its respective third-party partners may make improvements and/or changes to the Service at any time, without obligation to notify any person or entity of such changes prior to or after they occur.
There are no warranties, claims or representations made by LinksCloaking either express, implied or statutory:
• that the Service will be error-free or uninterrupted at all times;
• that defects will be corrected;
• that the Service or the server that makes itavailable, are free of viruses or other harmful components;
• that the use or the results of the use of the Service or the materials provided as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that LinksCloaking shall not be responsible for any unauthorized access to or alteration of your data; or
• with respect to non-infringement or merchantability.
• You hereby agree that LinksCloaking will not be held liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if LinksCloaking has been notified of the possibility of such damages. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determining the price charged for the Service. As some jurisdictions do not allow exclusion of an implied warranty, this disclaimer may not apply to you. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
• Notwithstanding anything set forth in this Agreement to the contrary, LinksCloaking’s cumulative liability to you or any other party for anyloss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $500 (five hundred United States Dollars).
12. Terms and Termination
LinksCloaking reserves the right to suspend or end the Services at any time, with or without cause, and with or without notice to you. This may occur, for example, if you:
(i) Fail to comply with these Terms and Conditions;
(ii) Use the Services in any way that would cause legal liability to LinksCloaking or disrupt others' use of the Services; or
(iii) Have not maintained a balance of clicks for 7 days or longer.
Either party may terminate this Agreement at any time andfor any reason. Upon any termination of this Agreement:
LinksCloaking will cease to provide the Service to you;
• Any outstanding balance of Service Fees payable by you to LinksCloaking will immediately become due and payable;
• You will not be entitled to any refunds of Service Fees or any other fees, as further set out the Refund Policy that forms part of this Agreement. Any outstanding balance for use of the Services through the date of termination, and any other unpaid payment obligations during the remainder of the billing period will be immediately due and payable in full;and
• Your historical data in its entirety will no longer be available to you.LinksCloaking reserves the right to delete all data, files, or other information that is stored in your account subsequent to termination. You agree that LinksCloaking may retain certain data related to your use of LinksCloaking, except for any personal information. Such data shall be used only to improve LinksCloaking performance and quality of service.
13. Data Ownership
Any data created or uploaded shall remain the property of the account owner/licensee of the Services. LinksCloaking makes no claim to any data or content stored relative to your account(s).
14. Data Retention
Any data gathered or produced by the Services on behalf of the account holder, including but not limited to logs and statistics, may be deleted at any time at LinksCloaking's sole discretion.
If any of the Services are found to or are believed by LinksCloaking to be found to infringe a patent, trademark or copyright or misappropriate a trade secret, LinksCloaking, at its sole discretion, may:
(i) Obtain any license required to continue operation of Services;
(ii) Provide, a substitute service with comparable or better functionality or performance characteristics; or
(iii) Terminate, this Agreement and your license to such Services.
16. Modifications to Terms and Other Policies
LinksCloaking reserves the right to amend or update any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time. In such instance, LinksCloaking will post the amended Agreement to the LinksCloaking website at “https://www.linkscloaking.com” or such other URL as LinksCloaking may provide. You are responsible for regularly reviewing the Agreement posted on the LinksCloaking website. No amendment to or modification of this Agreement will be binding unless:
In writing and signed by a duly authorized representative of LinksCloaking; or
You continue to use the Service after updates to the Agreement or to any policy governing the Service have been posted by LinksCloaking on its website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If youdo not agree to the new terms, you should stop using the Services immediately.
17. Customer Remedies
LinksCloaking entire liability and your exclusive remedy for any breach of this Agreement by LinksCloaking shall be that LinksCloaking will make reasonable efforts to recover any lost or corrupted content that was being maintained by LinksCloaking, If such content cannot be returned in a suitable form, the most recent license fee paid in respect of the Services shall be refunded.
18. Entire Agreement
This Agreement is the entire agreement between you and LinksCloaking regarding the Services, and it supersedes any information you received relating to the Services or the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT AND, BY CREATING AN ACCOUNT AND LOGGING IN TO THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.