Terms and Conditions
Terms and Conditions 15 minutes read
Terms of Service
By accessing and using LinkBoss.pro website, herein referred to as the “Platform”, you are agreeing to be bound by our Terms of Service as well as being responsible for compliance with any applicable local laws or regulations. If you disagree with any part of these terms of the service, then you are prohibited from using the “Platform”.
1. Description of the Platform
The “Platform” provides you with the ability to create customized web pages that contain content such as text, images, videos, music, links, email addresses, phone numbers, and other materials that could be used for both personal or commercial purposes. You agree to follow our guidance on the use of our products.
We reserve the right to update, modify, or change the “Platform” at our discretion, without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features we implement to improve the Platform shall also be subject to these Terms of Service.
You confirm that you can form a binding contract with us, that you accept these terms of service and that you agree to comply with them. If you are accessing the “Platform” on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the entity to these terms of service, and that you agree to these Terms of Service on the entity’s behalf.
You must be at least 18 years of age or older to create an account on our “Platform” and you must be legally capable of entering into binding contracts. We do not knowingly collect any personally identifiable information from anyone aged 18 or under. If you are under 18 years old, you must obtain the consent from your parent or legal guardian for you to use the “Platform” and they must agree to be bound by these terms of service on your behalf.
4. Updates to our Terms of Service
We reserve the right to update and amend our Terms of Service from time to time. These updates may reflect changes to the “Platform” which can include items pertaining to legal compliance, commercial reasons, technological advancement or otherwise to protect our legitimate interests. You acknowledge and agree that it is your responsibility to review our Terms of Service occasionally to familiarize yourself with any modifications. We will endeavour to notify you if a change to our Terms of Service may have a material negative effect on you. We will endeavour to advise you of the change in advance prior to any new terms taking effect.
You acknowledge that the “Platform” is constantly evolving, and that we may add, update, change or remove elements of the “Platform” and its functionality from time to time.
Your continued use of the “Platform” after such amendments have taken place will constitute acknowledgment of the modified Terms of Service to which you shall abide by and be bound to.
If you do not agree with any of the changes to these Terms of Service, it is your responsibility to stop using the “Platform” and/or cancel in accordance with our process for “Termination”.
5. Jurisdiction and Governing Law:
LinkBoss.pro is based in the Republic of South Africa and as such our Terms of Service shall be governed and construed in accordance with the laws of the Republic of South Africa, where our offices are located, without regards to potential conflicts of law provisions as it is accessible from other countries around the world. Each party agrees and submits to the exclusive personal jurisdiction of any venue within the Republic of South Africa deemed to have competent jurisdiction.
Accessing our “Platform” from locations outside of the Republic of South Africa is at the user's own initiative. The user is solely responsible for compliance with applicable local laws. Despite our “Platform” being accessible from locations around the world, we make no suggestion that the material found on it is appropriate or suitable for use where the content could be prohibited and must be avoided in such cases. You also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these Terms of Service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency.
Your “Content” includes all user generated material that you create, upload, or make public on our “Platform” including but not limited to information, text, images, videos, music, and links.
6.1. You are responsible for the “Content” that you post to/on our “Platform”, including its legality, reliability, and appropriateness. You may post, link, store, share and make available information, text, graphics, videos, or other material to/on the page that you create using the “Platform”.
6.2. Where a third party owns any of the “Content”, you are responsible for ensuring that you have all rights, including any licenses required, to allow you to make available the “Content” on the page on our “Platform”.
6.3. You grant to us a universal license to host, use, distribute, copy, publicly display, and translate your “Content” on our “Platform”. You further agree that we can utilize your “Content” in marketing and promotions for our “Platform” with your expressed permission. You retain any and all of your rights to any “Content” you submit, post or display on or through the “Platform” and you are responsible for protecting those rights.
6.4. You agree to ensure that:
6.4.1 that the “Content” you create and post will not cause you or us to breach any law, regulation, rule, code or other legal obligation.
6.4.2 the “Content” that you create and post will not or could not be reasonably considered to be obscene, disparaging, inappropriate, offensive defamatory, indecent, seditious, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. Specific laws in your jurisdiction may apply in this regard and those laws will take precedent.
6.4.3 the “Content” that you create and post will not be misleading or deceptive, be intended or designed to misinform, or likely to misinform a reasonable person, and that you will not represent which is false as a fact.
6.4.5. this “Platform” is not suitable for “Content” linking to non-age restricted or sexual content, which will result in account termination.
6.5. We reserve the right to monitor and modify your “Content” should it breech our terms of service. We are under no obligation to regularly monitor the accuracy or reliability of your “Content” on the “Platform”.
6.6. You agree that we may remove parts of your “Content” or disable your account/page for any breech of the terms outlined in this agreement and at our discretion.
7. Third party links and links to other websites
We do not endorse, or make any warranties or representations in relation to, any third-party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. These external sites are not operated by us. We do not pre-screen content posted by users of our “Platform” and have no control over and assume no responsibility or liability for the content, privacy policies, or practices of any third-party sites or services.
In order to access the “Platform”, you are required to create an account with us and to select one of the available “plans” that we offer (refer to plans, fees and payment section). When you create an account with us:
8.1. We require that you provide a valid email address for us to provide important account information when necessary. Failure to provide constitutes a breach of our Terms of Service, which may result in the cancellation of an active subscription (loss of features) or termination of your account.
8.2 You are solely responsible for safeguarding the password that you use to access our “Platform” in order to prevent unwarranted access to your account. You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use.
8.3 Your selected username must be unique and may not already be in use by another user on our “Platform”. You may not use the name/s of well-known personalities, brands, places or any name to which you have no connection. Furthermore, you may not use a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that a dispute or issue arises over the use of particular usernames, we will consider the circumstances reasonably and may require you to change your username. Should you refuse, we reserve the right to suspend, cancel or alter your account as required.
9. Plans, fees and payment
Our Platform is a freemium subscription-based service that offers both free and paid plans for our users.
For Free plans, we reserve the right to:
9.1 Place advertising on pages that you create in order to recoup our investment into the provision of the “Platform” for free.
9.2 Limit certain functionality and/or features on the your plan and to adjust this as deemed fit from time to time.
9.3 All paid plans are billed in advance on a recurring and periodic basis depending on your billing cycle. All subscription charges from our “Platform” will be billed monthly or annually on a recurring basis until cancelled.
9.4 Your Paid Plan will automatically renew under these Terms of Service at the renewal date unless you or we have cancelled the Paid Plan under these Terms of Service.
9.5 We require a valid payment method in order to process your payment for your plan. You will provide us with accurate and complete billing information including full name, address, province/state, zip code, and a valid payment method information. By submitting payment information, you automatically authorize us to charge all fees incurred on your account to any such payment method.
9.6 We continue to develop the “Platform” and may therefore introduce new features or change elements of the functionality that you are familiar with. We reserve the right to adjust the prices of our subscription plans in the future and we shall in such cases notify all users with active subscription plans at least (30) days prior to the changes coming into effect and or before the next billing cycle. This will be done via email.
10. Intellectual property
All intellectual property rights in or to our “Platform” and/or software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms of Service, you have no right to use our intellectual property rights. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
For content uploaded to our “Platform”, we take claims of copyright infringement seriously and comply with the Digital Millennium Copyright Act (the DMCA) or any other applicable intellectual property legislation or laws. If you believe your copyright is being infringed on you can submit notice to email@example.com containing the following information:
- Your contact details including full name, address, phone number, and email address.
- One or more URLs on our website that you believe contain your copyrighted work and information regarding the proper identification of your copyrighted work for verification and proof of your ownership as well as right to represent the copyright.
We will investigate each case and in the event that copyright has been infringed reserve the right to remove the “content”, suspend or delete the offending account.
11. Warranties and Disclaimer
We warrant to you that we will provide our services using reasonable care and skill.
Apart from this warranty, the materials on our “Platform” are provided on an 'AS IS' and “ AS AVAILABLE” basis. Your use of the “Platform” is at your sole risk Neither us or any of our affiliate companies or partners make any representation or warranty or gives any undertaking in relation to our services, our platform or any content submitted, transmitted or displayed on our platform including: (i) any representation , warranty or undertaking that our services or platform will be interrupted, secure or error-free or free from viruses; (ii) that our services or platform will be compatible with your device; or (iii) that our service or platform will be of mercantile quality, fit for a particular purpose or not infringe the intellectual property rights of any person. To the extent permitted by applicable laws and regulations, you waive any and all implied representations, warranties and undertakings.
12. Limitation of Liability
In no event shall our “Platform” or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or business interruption) arising out of the use or inability to use the materials on our website, even if an authorized representative has been notified orally or in writing of the possibility of such damage.
You indemnify us against any loss suffered by us that arises in connection with a breach by you of these Terms of Service or a third-party claim made against us in relation to your “Content”.
In no event will our liability to you under or in connection with these terms of service or the “Platform” exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.
13. Acceptable use
In addition to the terms outlined in these Terms of Service, you agree not to use this “Platform” in any way that causes, or may cause, damage to the “Platform” or impairment of the availability or accessibility of the “Platform”; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this “Platform” to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this “Platform” without LinkBoss.pro’s express written consent.
14. Personal Data
We respect your privacy and only process your personal data. As a “Platform” we are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access procedures that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption. Third parties that provide services in support of the “Platform”, including providers of payment, cloud or other services that process your information on their servers for the purpose of supporting these actions, are prohibited from retaining, using, or disclosing your personal information for any purpose other than providing us with their services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable measures to protect your personal information, we cannot guarantee the security of the information transmitted through the “Platform” or otherwise via the Internet; any transmission is at your own risk.
These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
Where we suspend or terminate a service, or where your access to our services is terminated by you or us, we do not guarantee that we will be able to return any of your “Content” back to you and we may permanently delete your “Content” without notice to you at any time after termination. Please ensure that you regularly back up your “Content”.
You may delete your account or associated pages (if multiple) at any time. Once a page or account is deleted the data will remain in an inactive state for a brief period of time before being permanently removed from our system. You may request to have your data removed immediately by contacting us at firstname.lastname@example.org.
16. Contact Us
If you have any questions or suggestions regarding our Terms of Service, please contact us at email@example.com