Linky Real Terms of Service
Effective Date: October 15, 2025
Welcome to Linky Real! Linky and Linky Real (collectively, the "Platform") are operated as interconnected services, and certain account information, content and usage data may be shared across the Platform to enable cross-application access and a unified user experience.
By accessing or using Linky Real applications, websites or other available product forms, services and features made available therein ("Service"), you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Linky Real or using the Service is subject to these Terms, the Privacy Policy, Community Guidelines and other applicable terms or policies we publish and update in connection with your use of the Service from time to time. To have a copy of these Terms or if you have any questions about these terms, you may also contact us via the information in Section 18.
For information that requires your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.
1. The Service
a. Descriptions. Linky Real is a real-person social platform that facilitates authentic connections and meaningful interactions. To enhance the online social experience, the Platform provides innovative features such as real-time chats, party chats, and various creative or interactive events.
b. Portable Device Service. The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, "Portable Device Services"). Your device carrier's normal messaging, data and other rates and fees will apply to your use of the Portable Device Services. In addition, downloading, installing or using certain Portable Device Services may be prohibited or restricted by your device carrier, and not all Portable Device Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your device carrier to determine if the Portable Device Services are available for your device(s), what restrictions, if any, may be applicable to your use of the Portable Device Services, and how much they will cost you. Nevertheless, all use of the App and the related Portable Device Services must be in accordance with these Terms.
c. Changes to these Terms. You understand and agree that we may change these Terms at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of revised Terms that you may be required to accept in order to continue using the Service. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised Terms will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Terms. If you find any change to these Terms or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of these Terms will govern any updates Linky Real provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section 1(c), no revisions to these Terms will apply to any dispute between you and Linky Real that arose prior to the effective date of such revision.
d. Eligibility. The Service is not for persons under the age of 18 ("Minors"). If you are under the required minimum age for your platform, you must not use or access the Service, even with parental or legal guardian consent. We reserve the right to verify your age and may terminate your account if we determine you do not meet the age requirements.
e. Additional Terms. We may also require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to activities that we run on the Service ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to these Terms, and these Terms will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. Consideration
a. Free Access. Linky Real provides you with limited access to the Service free of charge.
b. Consideration. The different pricing and payment policies may apply to different Services. Subject to the pricing and payment policy in effect at the time you access the Service, we may provide you with access to all or part of the Platform and/or Service free of charge, with certain privileges, or in exchange for payment, in-app virtual currency, or subscription as displayed on the relevant page for download, purchase, and/or subscribe to the App and/or such Services. In return for enjoying free or paid access to the Service, you further acknowledge and agree that we may generate revenues, increase goodwill or otherwise enhance our value through your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
c. Subscriptions. We may make available subscription options that include additional features or benefits. Where available, you may choose to purchase a subscription to the Service. If you purchase a subscription to access the Service, the following terms (i)-(v) apply:
(i) Automatically renewable subscriptions. By purchasing an auto-renewable subscription to the Service as applicable, you agree that it will automatically renew for the same monthly, quarterly or annual period you have selected, unless and until you cancel.
(ii) Recurring charges. You authorize Apple or Google (or either party's service providers), as applicable, to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan at the then-current monthly, quarterly or annual subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. In other words, if your payment is processed for your current subscription on the 20th of each month, then your payment will continue to be processed on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. If your subscription plan is no longer available, your renewable subscription will be automatically terminated and you will not be billed afterwards.
(iii) Cancellation. You may cancel your subscription to the Service at any time by selecting the applicable option within the App Store or Google Play, as applicable, at least 24 hours prior to the expiration of the current period. If you want to obtain a refund in connection with any subscription, you must contact Apple or Google directly for a request. Without limiting Section 11, we shall have no liability to you whatsoever for any refunds in connection with subscriptions, except when required by applicable law.
(iv) Refund Policy. All subscription fees are non-refundable. Linky Real shall have no obligation or liability to provide any refund for any subscription, except where a refund is required by applicable law.
(v) Linky Real may modify the subscription fees, features, benefits, or other terms of the Service at any time. Any such changes will take effect from the date specified in our notice to you. Your continued use of the Service after the effective date of the change constitutes your acceptance of the updated terms. If you do not agree to the changes, you must cancel your subscription before the effective date.
3. Registration
a. Log-In Credentials. To access the Service, you must download the App and register for an account with us (an "Account"). To make it easier to use Linky Real, you may also choose to register and login to Linky Real through your account on a third-party platform (e.g., Facebook, Google). In this way, we will create an Account connected to your third-party platform account.
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Linky Real immediately via the contact information in Section 18 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Linky Real will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Linky Real of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Linky Real requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Linky Real, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Linky Real will confirm with you before terminating and deleting your Account connected to this e-mail address. If you provide confirmation, we may terminate your Account immediately without any liability to you or any third party.
d. Messages. You may be able to send messages to other users through the App. You represent and warrant that you will indemnify and hold Linky Real harmless from any and all claims arising out of your sending these messages to any User. You are responsible for all fees and charges associated with such messages. Please note that Linky Real reserves the right to monitor User Content, including users' chat data automatically, and, where necessary, to conduct limited human review, for the purpose of detecting and preventing Objectionable Content (as defined below) or to comply with applicable laws and regulations.
4. Intellectual Property Rights
a. License. All intellectual property rights, such as the copyrights and trademark rights relating to the Service and the programs that constitute the Service, belong to Linky Real. Subject to your complete and ongoing compliance with these Terms and other policies on our platform, Linky Real hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of these Terms and other policies.
b. Service Content. You acknowledge and agree that the Platform or Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Platform or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by Linky Real from accessing the Platform or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or Services, or the Service Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Linky Real.
c. Marks. Linky Real trademarks, service marks and logos (the "Linky Real Trademarks") used and displayed on the Service are Linky Real's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with Linky Real Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Linky Real or any applicable third-party, or their products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Linky Real's prior express written consent. All goodwill generated from the use of any Linky Real Trademark will inure solely to Linky Real's benefit.
d. Restrictions. Linky Real hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in or to the Service, any Service Content, or any Trademarks located or displayed therein.
5. User Content
a. User Content. With respect to the content or other materials you upload, post, transmit, stream, and make available to, create or generate using the Services (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or providing any User Content you own, provide, or generate using the Service, you retain all rights in it (to the extent you would otherwise hold such rights).
b. User Content Screening. Linky Real reserves the right, with or without notice, to screen, remove, disallow, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content (i) that we consider to violate these terms, other Linky Real policies, applicable law or otherwise constitute Objectionable Content (as defined below); or (ii) in response to complaints from other users or licensors of any Service Content or any governmental authorities, with or without notice and without any liability to you. Linky Real does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will Linky Real be liable in any way for any User Content, where permissible under applicable laws and regulations.
c. Intellectual Property Infringement. As a condition of your access to and use of the Service, you agree not to use your User Content to infringe on any intellectual property rights. We reserve the rights, with or without notice, at any time and in our sole discretion, to take down, block access to and/or terminate your User Content and/or your account which infringes or is alleged to infringe any copyrights or other intellectual property right.
d. Licenses to User Content. By submitting User Content on or through the Service, you hereby grant us an unrestricted, assignable, sub-licensable, revocable, royalty-free license throughout the world to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, "Use") all or any part of your User Content by any means and through any media and formats now known or hereafter developed, for the purposes of providing the Service for you, including publicly displaying your User Content to other users on the Platform, if and when you choose to publish such User Content. You further grant us a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to the Platform, any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to the Platform will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by us in accordance with these Terms without notice to you and without any liability to us.
e. You Must Have Rights to the Content You Post. You must not post any User Content on Linky Real if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to post on Linky Real. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the posting of your User Content on Linky Real will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting your User Content on the Service.
f. Waiver of Rights to User Content. By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Service.
g. Objectionable Content. You are not permitted to and agree not to post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force; (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide); (iii) belonging to another person over which you do not have any right; (iv) harming minors in any way; (v) deceiving or misleading the addressee or recipient of such information about the origin of such information; (vi) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nations. (vii) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or (viii) infringing any patent, trademark, copyright; or (ix) content that facilitates the exploitation or abuse of children, including child sexual abuse materials, promotes predatory behavior towards children, and/or any others that endanger children ("Child Abuse and Exploitation"), other proprietary rights; in each of clauses (i)-(ix) of this paragraph, as Linky Real may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third party claims arising from your posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any user to harm himself or herself or any other person. If you encounter any Objectionable Content on the Service, please immediately email Linky Real via the information in Section 18 "Contact us" or report us through the report functionality available on the Service. You acknowledge and agree that Linky Real provides you with the ability to report Objectionable Content as a courtesy, and Linky Real has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Linky Real in its sole discretion may take any actions it deems necessary and/or appropriate against any Objectionable Content and any user who posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing the Objectionable Content and/or all of the user's User Content posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
h. No Liability. For the avoidance of doubt, Linky Real will not be liable for any unauthorized use of User Content by any user.
6. Restrictions on Use of the Service
a. In addition to any other restrictions set forth in these Terms, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
(i) make unauthorized copies of any content made available on or through the Service;
(ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
(iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
(iv) delete or alter any material Linky Real or any other person or entity Posts on the Service without authorization;
(v) frame or link to any of the materials or information available on the Service;
(vi) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
(vii) use any trademarks, service marks, design marks, logos, photographs or other content belonging to Linky Real or obtained from the Service;
(viii) access, tamper with or use non-public areas of the Service, Linky Real's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of Linky Real's providers;
(ix) provide any false personal information to Linky Real;
(x) create a false identity or impersonate another person or entity in any way;
(xi) create a new account with Linky Real, without Linky Real's express written consent, if Linky Real has previously disabled an account of yours;
(xii) solicit, or attempt to solicit, personal information from other users of the Service;
(xiii) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate users of the Service;
(xiv) use the Service to send emails or other communications to persons who have requested that you not send them communications;
(xv) use the Service, without Linky Real's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(xvi) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
(xvii) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
(xviii) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
(xix) post any Objectionable Content and/or any User Content in breach of these Terms and other Linky Real policies; or
(xx) violate any applicable federal, state or local laws or regulations or these Terms.
b. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Linky Real with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Linky Real, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
7. External Sites
The Service may contain links to or the ability to share information with third party websites ("External Sites"). Linky Real does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon are developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Linky Real is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Linky Real will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
8. Feedback
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Linky Real, you agree that:
(i) Linky Real has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
(ii) Feedback is provided on a non-confidential basis, and Linky Real is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
(iii) You irrevocably grant Linky Real perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Virtual Currency and Virtual Good
The following terms apply to the extent permitted by law:
a. Virtual Currency. Linky Real may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use coins (e.g., purple coins, gold coins) or other virtual currency ("Virtual Currency") exclusively within the Service. Virtual Currency can only be used in connection with the Service as permitted by Linky Real and you may view your balance of Virtual Currency at any time in your personal profile. Virtual Currency obtained through subscription or separate purchase are final and non-refundable. Once redeemed for consumption, Virtual Currency will be deducted from your account balance and cannot be used again. In the event of any dispute, Linky Real shall have the final determination over the calculation of your Virtual Currency account balance. Linky Real may make certain features or functionality of the Service available that allow or require the redemption of Virtual Currency, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Virtual Currency may be redeemed. The cost to purchase Virtual Currency is determined by Linky Real in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that Linky Real has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Virtual Currency as it sees fit in its sole discretion, and that Linky Real will have no liability to you for its exercise of these rights. Notwithstanding any language to the contrary contained in the Platform or any other terminology used by Linky Real, Virtual Currency has no monetary or "real world" value and can only be used with the Service. Virtual Currency may not be redeemed or exchanged for "real" currency or any legal tender out of the Service. Linky Real reserves the right to revoke the licenses to them, at any time without notice.
b. Virtual Goods. The Service may also offer you the ability to redeem Virtual Currency to obtain virtual goods, such as gifts that may be sent to other Users ("Virtual Goods"). Similar to Virtual Currency, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by Linky Real for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are Service Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by Linky Real. The amount of Virtual Currency needed to obtain Virtual Goods will be displayed at the point of redemption. Linky Real may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and Linky Real may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights. You may redeem, if applicable, Virtual Goods for as long as Linky Real chooses to make Virtual Goods redeemable through the Services, which Linky Real has no obligation to continue to do.
c. Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Virtual Currency or Virtual Goods. Unless authorized in the Service, Linky Real prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the "real world" of any Virtual Currency or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless Linky Real expressly pre-approves the applicable event in writing. Virtual Currency and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of these Terms and may result in the termination of your ability to access the Service. Linky Real may revise the pricing for Virtual Currency, Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Virtual Currency or Virtual Goods will automatically terminate and you will lose access to applicable Virtual Currency or Virtual Goods permanently. If Linky Real reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Virtual Currency or Virtual Goods, Linky Real reserves the right to restrict your access to and use of Virtual Currency, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, Linky Real may, in its sole discretion, also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that Linky Real incurs in connection with the violation.
You acknowledge that you have no ownership or other property interest in the Virtual Currency or Virtual Goods, and that, except as otherwise provided by law, you will not receive any refund, money or other compensation for unused Virtual Currency for any reason, including: (i) if an Account is closed or terminated, whether the applicable closure was voluntary or involuntary; (ii) if they are subject to expiration dates, they will expire at the time of expiration and cannot be accumulated, returned or refunded to your account.
10. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
a. Respect of Third Party Rights. Linky Real respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy. Linky Real's intellectual property policy is to (i) remove or disable access to material that Linky Real believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by "repeat infringers". Linky Real considers a "repeat infringer" to be any User that has uploaded User Content or Feedback to or through the Service and for whom Linky Real has received more than two takedown notices with respect to such User Content or Feedback. Linky Real has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Linky Real's own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please promptly send a report ("Notification of Claimed Infringement") which contains the following information to the Designated Agent identified below in subparagraph (e) under this Section 10 by email. Your Notification of Claimed Infringement may be shared by Linky Real with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to Linky Real making such disclosure. Your communication must include substantially the following:
(i) The name and address of the complainant; and the rights owner of the relevant work or performance (if the rights owner is not the complainant); if the complainant is not a Singapore resident, the complainant's address for service in Singapore;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
(iii) Identification of the specific material that is claimed to be infringing 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 Linky Real to locate the material;
(iv) Information reasonably sufficient to permit Linky Real to contact you, an electronic mail address is recommended;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
(vi) 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; and
(vii) A statement that the complainant submits to the jurisdiction of the courts of Singapore for the purposes of any proceedings relating to any liability under section 324(2)(b).
You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
d. Upon receiving notification in the manner prescribed above, Linky Real may disable access to or remove such infringing content.
e. Designated Agent Contact Information. Linky Real's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted via E-mail at support@linke.ai.
f. Counter Notification. If you receive a notification from Linky Real that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Linky Real with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to Linky Real's Designated Agent and include substantially the following information:
(i) The name and address of the respondent; if the respondent is not resident in Singapore, the respondent's address for service in Singapore;
(ii) Information reasonably sufficient to permit Linky Real to contact you, an electronic mail address is recommended;
(iii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iv) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification, or is not an infringing copy of any work or performance;
(v) A statement that the information in the notice is accurate; and
(vi) A statement that you consent to the jurisdiction of the courts in Singapore.
A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the applicable copyright laws.
g. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Linky Real in response to a Notification of Claimed Infringement, then Linky Real will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Linky Real will replace the removed User Content or Feedback or cease disabling access to it, and Linky Real will replace the removed User Content or Feedback and cease disabling access to it not less than 20 nor more than 30 business days following receipt of the Counter Notification, unless Linky Real's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Linky Real's system or network.
h. False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake, misidentification, or is not an infringing copy of any work or performance, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Linky Real relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Linky Real reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable laws.
11. Limitation of Liability and Disclaimer of Warranties
The following terms in this Section apply to the fullest extent permitted by law:
a. Linky Real, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (each a "Linky Real Party"; collectively, the "Linky Real Parties") make no warranties or representations about the Service and any content (including gifts) available on the Service, including, but not limited to, the accuracy, reliability, completeness, appropriateness, timeliness or reliability thereof. The Linky Real Parties will not be subject to liability for the truth, accuracy or completeness of any content on the Service or any other information conveyed to any user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a user, you agree that you use the Service and any content thereon at your own risk. You are solely responsible for all content you upload to the Service.
b. The Linky Real Parties do not warrant that the Service will operate error free, or that the Service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the Service or any content thereon results in the need for servicing or replacing equipment or data, Linky Real Parties will not be responsible for those costs.
c. The Service and all content thereon are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, the Linky Real Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties' rights and fitness for a particular purpose.
d. In no event will any Linky Real Party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Linky Real Party has been advised of the possibility of such damages. Linky Real's liability, and the liability of any other Linky Real Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us for any gifts and U.S. $100.
e. You specifically acknowledge that Linky Real Parties shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
f. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.
12. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release the Linky Real Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Linky Real Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms or other Linky Real policies; (b) your access to, use or misuse of Service Content or the Service; or (c) your User Content. Linky Real will provide notice to you of any such claim, suit or proceeding. Linky Real reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Linky Real believes that you are unwilling or incapable of defending Linky Real's interests. In such case, you agree to cooperate with any reasonable requests assisting Linky Real's defense of such matter at your expense.
14. Term and Termination
a. Term. As between you and Linky Real, the Term of these Terms commences as of your first use of the Service and continues until the termination of these Terms by either you or Linky Real.
b. Termination. You may terminate these Terms by sending written notification to Linky Real via the contact information in Section 18, deleting the Account, and terminating all uses of the Service. If you wish to delete any of your User Content from the Service, you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate these Terms. Linky Real reserves the right to restrict, suspend, or terminate your access to all or part of the Service at any time without prior notice if you violate these Terms, Linky Real's policies, or the rights of any third party. Linky Real may also terminate these Terms for any other reason, with or without notice, using the email associated with your Account. In addition, Linky Real may modify, suspend, or discontinue the Service, in whole or in part, at its sole discretion and without liability.
15. Consent to Electronic Communications
By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Miscellaneous
a. Governing Law and Dispute Resolution. These Terms are governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. By accepting these Terms, you agree that you may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Linky Real agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).
b. Relationship between You and Linky Real. You agree that no joint venture, partnership, employment or agency relationship exists between you and Linky Real as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Linky Real other than pursuant to these Terms.
c. Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
d. No Waiver. Failure of Linky Real to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against Linky Real unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
e. Entire Agreement. Except as expressly agreed by Linky Real and you, these Terms constitute the entire agreement between you and Linky Real with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
f. Headings. The Section headings are provided merely for convenience and will not be given any legal import.
g. Assignment. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Linky Real. Linky Real may assign these Terms, including all its rights hereunder, without restriction.
h. Language. If Linky Real provides a translation of the English language version of these Terms, the English version will prevail.
i. Time Limit to Bring Claims. You agree that to the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Notice Regarding Apple
You acknowledge that these Terms are between you and Linky Real only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
18. Contact Us
If you would like to contact us in connection with your use of the Service, or to report any content regarding child abuse and exploitation, or other Objectionable Content found on Linky Real, please use the contact information below or email us at:
Company Name: Skywork AI Pte. Ltd.
Address: 2 Science Park Drive, #01-08, Ascent, Singapore 118222
Email: support@linke.ai