1) Terms And Conditions
This Terms and Conditions Agreement (the “Agreement”) is e ective as of the date of your account registration with Linktome Sdn Bhd (“E ective Date”). This Agreement governs the relationship between Linktome Sdn Bhd, a company incorporated in Malaysia 202401004518 (1550368-A), (“Linktome,” the “Company,” “we,” “our,” or “us”), and you, the account holder, user, or licensee (“You” or “User”) (collectively, the “Parties”), whether as an individual or as a representative of an entity. The Agreement also covers your use of our website (“Website”) and our Software as a Service products (“Software”), designed to facilitate the linking and sharing of content.
Please read the Agreement carefully before using the Website. By using the Website or clicking to “accept” or “agree” to the Terms and Conditions when this option is made available, you accept and agree to be bound by this Agreement and our Privacy Policy, made available for reference. You also acknowledge and warrant, if applicable, that you have the authority to enter into this agreement on behalf of, and bind, the entity for which you will be using the Software as a registered user. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
2) Grant of Rights
Software. Subject to the terms and conditions set forth herein, we hereby grant you a limited, worldwide, non-exclusive, fee-based, non-transferable (except as set forth under Section 11.6) right and license, under our Intellectual Property Rights, to (i) use, in the form in which such Software is delivered by Linktome only, and (ii) utilize such Software only for the purpose of linking and sharing content.
Limited Rights of Licensee. Your obtainment and/or use of the Software does not grant you any rights of ownership in the Software. All rights granted are those of a licensee under the terms of this Agreement and are granted only for the duration of your compliance with the terms and conditions herein.
No Other Rights. Except for the limited rights expressly granted under this Agreement, neither this Agreement nor your exercise of rights granted convey any other rights or license to the Software, Confidential Information, Documentation, and Marks.
3) Payments
Transaction Fees. Linktome may charge fees for specific services or subscriptions. Details about fees are outlined on the pricing page. Taxes. Fees charged do not include any applicable taxes. You agree to pay, or reimburse, Linktome for all such taxes imposed.
4) Your Additional Obligations
Performance Obligations. You shall not alter, re-label, or change the Software without our prior written consent.
Terms and Conditions of Third-Party Services. You agree to comply with the terms and conditions of any third-party services integrated with or utilized through our Software.
5) Limited Warranty
Limited Warranty. Linktome agrees to provide Software designed for linking and sharing content.
Disclaimer. EXCEPT AS MAY BE AGREED TO IN A SEPARATE WRITING BETWEEN THE PARTIES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIMITED WARRANTY GRANTED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE.
6) Terms and Termination
Terms. This Agreement shall continue during your use of the Software provided by Linktome. Either party may terminate this Agreement at any time.
Termination for Cause. This Agreement may be terminated for cause, including violations of terms outlined in Linktome’s Acceptable Usage Policy.
7) Intellectual Property Notices and Confidentiality
Intellectual Property Notices. Retain all proprietary Marks, legends, and IP notices in connection with the Software.
Confidentiality. The Parties agree to observe complete confidentiality with respect to Confidential Information.
8) Trademarks and Trade Names
Use. During the Term, you shall have the right to use Linktome’s Marks to advertise and identify that your content-sharing program is administered with the Software.
Ownership. Nothing in this Agreement grants you any right, title, or interest in Linktome’s Marks.
9) Patents and Copyright Indemnity
Limitation of Liability. Linktome shall have no liability for any claim based upon certain events specified in this section.
Entire Liability. Linktome’s liability for infringement or misappropriation of any intellectual property rights of a third party is limited to the terms specified in this Agreement.
10) Indemnification by Licensee
Indemnification. You shall defend, or at your option, settle any demand, claim, or action brought against Linktome based on your actions or omissions with respect to this Agreement or your use of the Software.
11) Limitation of Liability
No Consequential Damages. Under no circumstances shall either party be liable for any indirect, consequential, or incidental damages.
Cap on Monetary Liability. Linktome’s aggregate liability under or in connection with this Agreement shall not exceed the total amount paid by you to Linktome.
12) General Provisions
Compliance with Laws. Each Party shall comply with all applicable laws during the term of this Agreement.
Applicable Law. This Agreement is governed by the laws of Malaysia.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties.
Notices. Any notice required or permitted under this Agreement shall be given in writing.
Force Majeure. Non-performance due to events beyond the reasonable control of a party shall be excused.
Non-Assignability and Binding Effect. You may not assign this Agreement without the prior written consent of Linktome.
Legal Expenses. The prevailing Party in any legal action is entitled to reimbursement for expenses.
Specific Performance; Injunctive Relief. Breach of obligations under this Agreement may entitle Linktome to injunctive relief.
Authorizations. You shall obtain and maintain all necessary Authorizations during the term of this Agreement.
Independent Contractors. The relationship between the Parties is that of independent contractors.
Approvals and Enforceability. You represent that no Authorization is required for the execution of this Agreement.
Severability. If any term is found invalid, the Parties shall attempt to agree to amendments preserving the intent of this Agreement.
Changes to These Terms. Linktome may revise these Terms and Conditions, and changes are e ective immediately.