Effective on 1st October 2017
“You” and “your” refer to you, as a user of the Sites. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Sites. “We”, “us” and “our” refer to LinkTIME.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Sites, such as posts, reviews, ratings, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Sites. “LinkTIME Content” means Content that we create and make available in connection with the Sites. “Third Party Content” means Content that originates from parties other than LinkTIME or its users, which is made available in connection with the Sites. “Site Content” means all of the Content that is made available in connection with Sites, including Your Content, User Content, Third Party Content, and LinkTIME Content.
3. Using the Sites
A. Permission to Use the Sites
We grant you permission to use the Sites subject to the restrictions in these Terms. Your use of the Sites is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Sites Availability
The Sites may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
C. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Sites. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. LinkTIME will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by LinkTIME or another party due to someone else using your account. You may not use anyone else’s account at any time. We reserve the right to close your account at any time for any or no reason.
4. Site Content
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LinkTIME.
You may expose yourself to liability if, for example, Your Content contains material that is false, racist, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grants the users of the Sites and any Other Media the right to access Your Content in connection with their use of the Sites and any Other Media. Finally, you irrevocably waive, and cause to be waived, against LinkTIME and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialise, and prepare derivative works of Your Content.
As between you and LinkTIME, you own Your Content. We own the LinkTIME Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including but not limited to, our compilation of User Content and other Site Content, computer code, products, software, and all other elements and components of the Sites excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the LinkTIME Content and the Sites, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Sites and the LinkTIME Content are retained by us.
LinkTIME and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by LinkTIME) does not necessarily reflect the opinion of LinkTIME. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a post if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. Permitted Uses
6. Your Conduct on our Sites
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited in the Sites and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your LinkTIME account or in order to create multiple LinkTIME accounts;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access;
- Attempting to scan, or test the security or configuration of the Sites or to breach security or authentication measures without proper authorisation;
- Tampering or interfering with the proper functioning of any part, page or area of the Sites and any and all functions and services provided by LinkTIME;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Sites, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Sites;
- Using the Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with LinkTIME;
- Reselling or repurposing your access to the Sites;
- Using the Sites or any of its resources to solicit Site End Users, Stores or other business partners of LinkTIME to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with LinkTIME;
- Using any End User information from the Sites for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Sites using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Sites or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Sites (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Sites (including, without limitation, the purchase path) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of LinkTIME, or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
7. Claim of Copyright Infringement
LinkTIME respects the intellectual property of others. If you believe in good faith that any Site content, or other matter posted in the Sites infringes the copyright in a work you own, please contact us with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorised to act on behalf of the owner, of the copyright that is allegedly infringed; identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by LinkTIME of the location of the material that is allegedly infringing; information reasonably sufficient to permit LinkTIME to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact LinkTIME with our Contact Us form.
8. Links to Other Sites
9. Limitation of Liability
You agree that LinkTIME will not held liable for any loss or damage incurred as a result of use of the Sites or services. You understand that LinkTIME is not the seller of the goods or services advertised on the Sites. LinkTIME is not the agent of any of the third party merchants (“merchants”) and takes no responsibility for the services or products for which merchant provides. LinkTIME has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. LinkTIME has no obligation to provide you with notice of any such changes, and LinkTIME is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.
You agree to defend, indemnify, and hold harmless LinkTIME from all liabilities, claims, damages, losses, and expenses, including attorneys’ fees that arise from your use of the Sites. LinkTIME reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LinkTIME in asserting any available defences.
11. Governing Law and Jurisdiction
The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of Malaysia. Both users and the Company shall submit to the exclusive jurisdiction of the courts of Malaysia.
We may close your account, suspend your ability to use certain portions of the Sites, and/or ban you altogether from the Sites for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Sites, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1 – 12 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
13. General Terms
We reserve the right to modify, update, or discontinue the Sites at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Sites. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Sites, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on LinkTIME’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
The failure of either party to exercise in any aspect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with LinkTIME’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.