Linktank Terms of Service
Terms effective as of April 1, 2013
Thanks for using Linktank.
Please read these Terms carefully. By using Linktank or signing up for an account, you are agreeing to these Terms. This is a legal agreement.
These Terms govern your use of the Linktank.com web site (the “Website”), the web application and/or Linktank services (collectively, the “Service”). The Service allows you to conduct research as well as find and contribute knowledge. Linktank is owned and operated by Linktank, a Delaware corporation (“Linktank,” “we,” or “us”). Linktank has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” (or “you,” “user”) according to this agreement. Linktank Services includes delivery and dissemination of information (“Content,” “Data,” “Posts”) provided by Linktank, Third Parties, and Members.
All Content posted or otherwise submitted to the Website is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Linktank are entirely responsible for all Content that you post, or otherwise submit to the Website. Linktank does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Linktank. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- To publish falsehoods or misrepresentations that could damage us or any third party;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Linktank user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To post copyrighted Content which does not belong to you, with exception of Research, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
- To artificially inﬂate or alter event ranking, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person
- To sell or otherwise transfer your profile.
To report a suspected abuse of the Website or a breach of the Terms (other than relating to copyright infringement which is addressed under “Copyrights Complaints” below) please send written notice to Linktank at email: support@linktank.
You are solely responsible for your interactions with other users of the Website. Linktank reserves the right, but has no obligation, to monitor disputes between you and other users.
In order to use Linktank, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Linktank, you represent and warrant that you meet all the requirements listed above, and that you will not use Linktank in a way that violates any laws or regulations. Linktank may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Linktank and continues as long as you use the Service. Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for Linktank on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Linktank may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we will refund a prorated portion of your annual prepayment. We will not refund or reimburse you if there is cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your content from our Website. If you do not log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Account and Password
Some areas of the Website can be accessed and viewed by you without requiring registration or login to the Website. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
6. Subscription Plans
Although some Services require no type of payment, some of the Services do require a subscription fee. Our charges for annual and monthly subscriptions are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date").
7. Credit Cards
Linktank uses a third party billing service to process payments and does not obtain or retain user credit card numbers. By providing Linktank with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service Linktank utilizes for managing payment. As long as you are a Member with a Subscription Plan or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.
8. Cancellation and Refunds
You may terminate your subscription at any time. When you terminate a subscription to Content, such subscription will not be automatically renewed and your access to the applicable Content will be terminated on the expiration date. Full refunds are only issued for first-time annual subscriptions and given within the first 30 days from the time of use. In all other instances, you will received a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms. On occasion, technical problems may delay or prevent delivery of your Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content, or refund of the price paid, as determined by Linktank. You will not be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Content & Rights
10. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Linktank (proprietary rights include patents, trademarks, service marks, and copyrights). You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
11. Proprietary Rights Owned by You
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Us with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (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 copyright owner.
If you notice any alleged copyright infringement appearing on the Service, please contact us at firstname.lastname@example.org.
12. Licensed Use
By submitting content to the Website you are granting Linktank a worldwide, non-exclusive license to use the content and are representing and warranting to Linktank that the content is owned or duly licensed by you, and that Linktank is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party. The license granted to Linktank includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, and other accompanying information) if any and as appropriate, all as submitted to Linktank by you.
14. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
15. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability (cannot guarantee that it will meet your specific needs) and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
17. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
18. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
19. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
20. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Linktank This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Linktank reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
22. Notice to U.S. Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Linktank, 1123 11 St NW, Suite 300, Washington, DC 20001.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
24. Choice of Law
25. Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
28. Amendments and Waiver
Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
29. Further Actions
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
30. Notification of Security Breach
In the event of a security breach that may affect you or, we will notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Linktank, 1123 11 St NW, Suite 300, Washington, DC 20001, or any addresses as we may later post on the Website.
32. Entire Agreement