Effective Date: 2018-03-17
This User Agreement (this or the “Agreement”) is a contract between you (“you” or “User”) and IPLINC Inc. (“IPLINC”, “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.iplincus.com, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services, applications and products that are accessible through the Site and all mobile applications that link to or reference this Agreement (“Services”) whether provided by us or our Affiliates.
By registering, using, or singing up an IPLINC account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
No Use of Confidential Information:
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
You will not provide inaccurate, misleading or false information to the Site or to any other user. If information provided to the Site or another user subsequently becomes inaccurate, misleading or false, you will promptly notify IPLINC or the another user of such change.
Assumption of Liability:
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Users through the Services.
Your license to IPLINC:
You own the content and information that you submit or post to the Services. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your IPLINC account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to IPLINC and our affiliates, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
If you are a proprietary rights owner and you believe someone is using IPLINC to infringe your proprietary rights, you may provide IPLINC with a notice by email to email@example.com. In response to your notice, IPLINC may remove or disable access to the allegedly infringing material, and take such other actions we deem appropriate in our sole discretion.
IPLINC's right to limit use of the Services:
IPLINC reserves the right to limit your use of the Services. IPLINC reserves the right to restrict, suspend, or terminate your account if IPLINC believes that you may be in breach of this terms of service or law or are misusing the Services.
IN NO EVENT SHALL IPLINC OR ITS LICENSORS, SUPPLIERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES , RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY CONTENT CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Members will subscribe to different levels of participation and privileges on the Site, either for free or by payment of subscription fees.
Commission is imposed on you when you receive payment from a transaction with a party who identified or was identified by you through the Site or by another member of the Site for the purpose of the transaction.
Commission is based on the "Net Revenues" received through the transaction.
"Net Revenues" shall include:
all revenues received through the transaction pursuant to any contract or agreement for sale, lease, license, or other disposition including, but not limited to, advances, annuities, royalties, guarantees, fees, and payments (whether in cash or other form of consideration)
less any expenses incurred by hiring a professional listed in this Site and Services for the purpose of the transaction.
Commission is currently 5 % of the Net Revenues.
Commission is subject to change.
For 24 months from the time the first contact was made between you and a party who was a member of the Site or introduced to you by a member for the purpose of transactions (the “Non-Circumvention Period”), you agree not to undertake any transaction with the party or to collect any fees in connection with the party without notifying IPLINC by email to firstname.lastname@example.org.
During the Non-Circumvention Period, you agree not to, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass IPLINC from any transaction between IPLINC and the party.
You must use the Site and Services ("message") as your method to initiate communication with such party. If you wish to communicate with such party via a channel other than the Site and Services, you must notify IPLINC of such decision by email to email@example.com. You must also notify IPLINC, when a transaction deal is finalized, of the material terms of the deal. You must also notify IPLINC by email to firstname.lastname@example.org when you begin to receive any payment from a transaction with such party.
You agree to notify IPLINC immediately if another person improperly contacts you or suggests making or receiving payments without paying Commission to IPLINC. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to IPLINC by sending an email to email@example.com.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. IPLINC MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IPLINC DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ANY ACCESS TO THE SITE AND/OR SERVICES IS VOLUNTARY. IPLINC WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK. NONE OF THE INFORMATION CONTAINED ON THE SITE OR IN THE SERVICES OR ANY SEARCH RESULTS IS INTENDED AS LEGAL ADVICE. REGISTERING FOR THE SITE OR USING THE SERVICE DOES NOT CREATE OR CONSTITUTE AN ATTORNEY CLIENT RELATIONSHIP.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or IPLINC may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. You may fulfil the the written notice requirement by completing the termination procedure provided by us.
Your paid subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to IPLINC by you will be nonrefundable.
If you have contractual obligations with a third party (such as Professionals), termination will not affect your obligation to pay the total contractual amount due and your credit card will continue to be charged the scheduled payments until the remaining balance is paid in full. If you have such contractual relationships with a third party, you must legally terminate your relationship with that party, as applicable, before terminating this Agreement.
Without limiting IPLINC’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed IPLINC or our Affiliates under the Terms of Service, you must pay IPLINC, and you authorize IPLINC or its Affiliate to charge you, for all fees owed to IPLINC and our Affiliates and reimburse IPLINC, if applicable, all losses and costs (including any and all time of IPLINC’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
IF IPLINC DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, IPLINC HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
You and IPLINC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site and Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and IPLINC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and IPLINC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Pre-Arbitration Dispute Resolution:
For all Disputes you must first give IPLINC an opportunity to resolve the Dispute. You must commence this process by emailing to firstname.lastname@example.org. This email notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If IPLINC does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Rules and Governing Law:
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process and Location:
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The place of arbitration is determined by IPLINC.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without IPLINC’s prior written consent in the form of a written instrument signed by a duly authorized representative of IPLINC. IPLINC may freely assign this Agreement or the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service will inure to the benefit of the successors and permitted assigns of the parties.
Severability:If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
“Member” means a person who signs up or registers an IPLINC account.
“User” means a Member or a non-Member who visits the Site and Services.
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our principal goals in collecting information are to provide and improve, to administer your use of, and to enable users to enjoy and easily navigate the Site and Services. The types of information that we collect include:
Information automatically collected:
When you visit and interact on the Site and Services, certain information is collected automatically, including:
Non-Identifying Information: We collect other non-identifying information you provide as part of the registration, administration and personalization of your IPLINC Account profile (e.g. account preferences) (“Non-Identifying Information”). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other IPLINC users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Log Data: When you visit the Site and Services, our servers may automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Services, pages of our Site and Services that you visit, the time spent on those pages, information you search for on our Site and Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Services’ technical administration, to increase our Site and Services’ functionality and user-friendliness, and to better tailor our Site and Services to our visitors’ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons: Our Site and Services may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Services are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our Member communications and marketing campaigns.
Information collected from other sources:
We may access information about you from third-party sources and platforms. You can register to use the Service by logging into online accounts you may have with third party service providers ("TPSP") (e.g. Facebook, Twitter or LinkedIn); each such account, a "Third Party Account", via our Site and Services as described below. As part of the functionality of the Site and Services, you may link your IPLINC Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to IPLINC through the Site, Service or Application; or (ii) allowing IPLINC to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to IPLINC and/or grant IPLINC access to your Third Party Account for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating IPLINC to pay any fees or making IPLINC subject to any usage limitations imposed by the applicable TPSP.
If you register by logging into a Third Party Account via our Site and Services, we will obtain the Personal Information you have provided to the applicable TPSP (such as your true name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize IPLINC to access by authorizing the TPSP to provide such information) from your Third Party Accounts and use that information to create your IPLINC Account and IPLINC Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the information in your Third Party Accounts so that it is available on and through your IPLINC Account on the Site and Services. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.
Mobile Communications: With your consent, we may use your mobile phone number to send you information, notifications and updates regarding the Site and Services.
Profile Information: We use the information we collect at registration to create your IPLINC Account and IPLINC Account profile page. Your IPLINC Account profile page will include, among other things, your first and last name and your profile picture. You can select the other items of Personal Information that you wish to be included in your IPLINC Account profile page – including, but not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP friends or connections who are also Members of IPLINC, connections you have established between your IPLINC Account and any TPSPs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your IPLINC Account profile page via the Site and Services, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all IPLINC Members and consequently should reflect how much you want other IPLINC Members to know about you. We recommend that you guard your anonymity and sensitive information and we encourage Members to exercise caution regarding the information disclosed in their IPLINC Account profile page. You can review and edit your Profile Information at any time.
Listings: If you create a Listing, we may publish, use, share or otherwise disclose the Content of that Listing publicly via the Site and Services and may enable third parties to publish the Listing on their websites.
IPLINC Marketing: We may also use your Personal Information to contact you with IPLINC newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the “Manage Notifications” section of your IPLINC Account. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Request Fulfillment: We may use the information that we collect to fulfill your requests for products, services and information. For example, we may use your information to respond to your customer service requests.
Data Analysis: In order to learn more about how our Site and Services are used, we aggregate and analyze the data we collect. We may use the information, for example, to monitor and analyze use of the Site and Services, to improve the functionality of same and to better tailor our content and design to suit our visitors’ needs.
Testimonials: IPLINC posts testimonials on the Site and Services. With your consent, we may post your testimonial on the Site and Services along with your name. To have your testimonial removed, please contact us at email@example.com.
Analysis: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Delivery: We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf.
Investigations: We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of IPLINC’s Terms of Service, or as otherwise required by law.
Compliance with Laws: We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
To customize your experience on the Site and Services and to simplify our registration process, we may provide you with the opportunity to access or interact with TPSPs, such as Facebook, Twitter and LinkedIn. When you connect to the Site and Services through these TPSPs, we may share information about you with these third-party service providers and they may share data about you with us.
When you allow us to access your data through a third-party service to create a Site account, we may use this data for several purposes, including:
Creating relationships automatically within our system. For example, if you connect to us via a service with a public friend list, like Twitter, we may check to see if any people you follow on Twitter are also Site members. If web find a match, we will replicate your Twitter relationship with those members, setting them to be fans, followers, or friends on our Site.Populating a list of potential friends to whom you can send service-specific messages. For example, we may use friend lists from a TPSP to create a list of contacts to whom you may choose to share your IPLINC Account profile page. To enhance and personalize your experience on the Site. When you are connected via a TPSP, we may access certain account information, such as your profile picture, in order to enhance and personalize your experience on the Site.
Please remember that we do not control the privacy practices of these third-party services. We encourage you to read the privacy policies of all TPSP websites.
All Members may review, update, correct or delete the Personal Information in their registration profile by editing their profile. If you would like us to deactivate your IPLINC Account, please contact us or select a cancellation feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your IPLINC Account. Please note that, if you cancel your IPLINC Account, some or all of your Member Content on the Site and Services will remain publicly viewable via the Site and Services. Please see below for privacy contact information
To protect your privacy and information, IPLINC uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure of Personal Information of users.
When you enter Personal Information on our Site and Services, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.
Your Personal Information is password protected and our main servers are locked and hosted by a reliable provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is secure.
Identity theft and the practice currently known as "phishing" are of great concern to IPLINC. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your IPLINC Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Services, you can contact us at firstname.lastname@example.org.
Note that we will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Sharing personal email addresses, phone numbers, Skype/IM usernames or any other personal contact details.
We strongly recommend that all communications, information and files exchanged among members should be performed exclusively using IPLINC’s communication methods such as messaging. The main reason to keep communications and transactions on IPLINC is for your safety. Requesting or providing email addresses, skype/IM usernames or other personal contact details are strictly prohibited unless IPLINC is notified.
IPLINC and its third party partners to whom we disclose information under this policy may perform activities outside of the United States and potentially collect, transfer, store, and process your personal information in other countries. As a result, your information may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site and Services or providing us with your information, you consent to the potential collection, transfer, storage, and processing of information in other countries.