Terms of Use

Last revised: Januari 13, 2014

1. Introduction

Your use of the Lynks Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the "Agreement"):

If you register on behalf of a business, you represent to Lynks that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

Changes and Modifications. Lynks may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Lynks grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

2. Description of Service

General Description. The Lynks Service is in-browser tool that helps the user to create a network visualisation, to collabiratievely work on these visuals and / or to share these with third parties.

3. Conditions of use and user conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Lynks immediately of any unauthorized use of your account or password, or any other breach of security.

You must not use the Service to harass, threaten, impersonate, or intimidate anyone.

You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.

You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.

You must not transmit any worms or viruses or any code of a destructive nature.

You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).

You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Lynks for the topic and/or creator of the presentation.

4. User Content & Options

4.1. General

Lynks offers a number of ways to share, or not share, your presentation with others.

Lynks Accounts. If you have a Lynks account, all of the content you create, including all of the information within your visualisations, will be available to whom you chose to share the content with. In case you create a public graph, the Lynks database you created will be available for others to access and view online. Accordingly, you hereby do and shall grant to each user and to the public a worldwide, non-exclusive, revocable license to access, view and publicly perform your Public User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it. Lynks will delete any unused graph that is created without an affiliated account after 5 days.

Sharing with edit rights. Regardless of whether your presentation has been designated Public User Content or Private User Content, you may choose to share a Lynks graph in a manner that allows the person you've shared the presentation with (a "Co-editor") to edit that network. You hereby do and shall grant to each Co-editor a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content of which they are Co-editors. This license ends when you delete the content or your account is closed (either by you or by us), except to the extent that the content has been shared with the Co-editors and they have not deleted it.

4.2. Licenses you grant to Lynks for use of Public User Content and Private User Content

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.

With respect to your account and network graphs, you hereby do and shall grant to Lynks (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your presentations (including the public), with the Service; and (2) in connection with promotion and marketing of Lynks products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your created network graphs or your account is closed (either by you or by us), except (i) to the extent that your network graphs have been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your network graphs indefinitely.

Regardless of whether you designate content public or private, Lynks makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

4.3. Third-Party Content

Lynks gives you the option, when creating or editing network graphs, to search for and insert third party content, such as extra information, into your network. Such third party content is subject to certain license terms. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a presentation. You agree to review and comply with the license terms applicable to any third party content in a presentation.

5. Copyright

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Lynks the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

6. Lynks's Intellectual Property

As a user of the Lynks Service, Lynks grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Lynks's sole discretion, to use (i) the Lynks name and (ii) the Lynks logo, unaltered, unmodified, and as it appears on the Lynks.com website solely for the purpose of truthfully referring to Lynks, including for use in creating a website that explicitly references Lynks (the "Use License"). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Lynks Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Lynks, or affiliated with Lynks , (ii) no Lynks Content beyond the Lynks name and logo may be used, (iii) any such use must be of the full Lynks name and/or unaltered and current Lynks logo, (iv) any such use may in no way disparage Lynks, any user of the Lynks Service, or any third party, and (v) any website that uses Lynks Content must include prominent text to the effect that "this website is not affiliated with or sponsored or endorsed by Lynks." You agree to make no other uses of the Lynks name and logo beyond those expressly allowed herein, pursuant to a Use License.

7. Termination; Breach of This Agreement

You agree that Lynks may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Lynks's policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.

If Lynks takes any legal action against you as a result of your breach of this Agreement, Lynks will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and costs of such action, in addition to any other relief granted to Lynks.

8. Disclaimer of Warranties

While Lynks attempts to make User Content available through the Service, Lynks does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Lynks will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LYNKS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. LYNKS MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LYNKS, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

9. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LYNKS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT LYNKS MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT LYNKSAFFILIATES SHALL NOT BE LIABLE FOR USER 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.

10. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, LYNKS'' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Please Review Presentations For Appropriate Content Before Use

Lynks has not reviewed the presentations featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Lynks is not responsible for the content of any presentations on the Service.

11. Indemnification

You agree to indemnify and hold Lynks harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by Lynks in connection with any claim arising out of your breach of the Agreement. Lynks reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Lynks. It governs your use of the Service and completely replaces any prior agreements between you and Lynks with respect to the Service.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Lynks does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Lynks may assign or delegate some or all of its rights and obligations under this Agreement.

17. How to contact us

You may contact us by email: